Gauhati High Court
Unauthorised Online Transactions From Bank Account; Gauhati High Court Orders SBI To Reimburse Cybercrime Victim
The Gauhati High Court on Monday directed the State Bank of India (SBI) to reverse an amount of Rs. 4,44,699.17, in the bank account of a cyber-crime victim, which was deducted from their account through several unauthorised transactions. Justice Kalyan Rai Surana concluded that the petitioner likely fell victim to cybercrime due to the origin of the unauthorized transactions in...
Commercial Vehicle Qualifying As 'Light Motor Vehicle' U/S 2(21) MV Act Doesn't Require Driver To Have “Transport” Endorsement: Gauhati High Court
The Gauhati High Court has exempted a commercial vehicle owner from indemnifying its insurer for the compensation paid to a road accident victim on the ground that there was no breach of policy condition merely because the driver did not have license having the ‘Transport’ endorsement. It noted that the concerned vehicle was below 7500 kgs and therefore, a light motor vehicle for...
'Not Graduate On Date Of Application': Gauhati High Court Orders Reinstatement Of Overqualified Peon Who Acquired Degree 3 Days Later
The Gauhati High Court recently set aside the order issued by Punjab National Bank (PNB) through which it cancelled the appointment of a woman as Peon on the assumption that she was a graduate (the graduation and above qualification were not eligible for the said post) on the date of submission of the application form for the said recruitment. The single judge bench comprising Justice...
Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court
The Gauhati High Court recently acquitted two persons who were convicted for the offence of penetrative sexual assault on a minor under Section 4 of POCSO Act on the ground that even though father of the victim had lodged the FIR, he did not alleged any sexual offence.The single bench comprising Justice Susmita Phukan Khaund observed,“Why the father of the victim did not support the victim....
A Decade Later, Gauhati High Court Directs SC Woman Who Was Wrongfully Treated As 'General Category' Be Appointed To Existing/Future Vacancy
The Gauhati High Court has directed the Assam Government to appoint a Schedule Caste Community woman, who was wrongfully denied of her appointment as Ward Girl in the year 2012 by terming her to be a General Category Candidate, in any existing or future vacancy of the said post.The single bench of Justice Sanjay Kumar Medhi observed,“when the petitioner was belonging to the SC category which...
Centre Notifies Appointment Of Judicial Officer From Arunachal Pradesh As Gauhati High Court Judge
The Central Government today notified the appointment of Arunachal Pradesh judicial officer Budi Habung as an Additional Judge of the Gauhati High Court for a period of two years.The notification issued by the Law Ministry reads as follows:“In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint Shri Budi Habung, to be...
All Police Stations In Assam Now Have Functional CCTV Cameras: State To Gauhati High Court
The Assam Government on Wednesday informed the Gauhati High Court that installations of CCTV cameras at all Police Stations in the State of Assam have been completed and cameras are functional.The division bench comprising the Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund was further apprised that the recording storage capacity of the Police Stations is 01 month and for...
Can't Base Conviction On Retracted Confession Sans Corroboration: Gauhati High Court Acquits Five In 2004 Independence Day Blast At Dhemaji
The Gauhati High Court recently acquitted five persons who were convicted by the Trial Court in Dhemaji Bomb Blast case of 2004 in which 13 persons including 10 children were killed and around 20 persons were grievously injured during the Independence Day celebrations at Dhemaji College Play Ground.The division bench of Justice Michael Zothankhuma and Justice Mridul Kumar Kalita noted that...
Eyewitness Did Not Term Incident As 'Rape', No Whisper About 'Resistance Of Victim', Was It Consensual? Gauhati High Court Sets Aside Conviction
Disbelieving the prosecutrix's testimony, the Gauhati High Court has reversed the conviction of a man for alleged rape of a married woman. Justice Arun Dev Choudhury spotted discrepancy in the prosecutrix's statements and also wondered if the acts were consensual as the eyewitness had not made any statement about prosecutrix's resistance to the act.The bench observed,"She (eyewitness) went to...
Supreme Court Collegium Recommends Appointment Of Judicial Officer From Arunachal Pradesh As Gauhati High Court Judge
The Supreme Court Collegium on Thursday recommended the appointment of Arunachal Pradesh judicial officer Budi Habung as a judge of the Gauhati High Court.In its resolution uploaded on the Supreme Court website, the Collegium comprising CJI DY Chandrachud, Justices SK Kaul and Sanjiv Khanna noted that Habung is the senior most judicial officer in Arunachal Pradesh.The resolution noted that...
Gauhati HC Disallows 'Compromise' Quashing Of Case Against Man Accused Of Raping Sister, Takes Note Of ‘Serious Impact On Society'
Rejecting a compromise settlement between the victim and the accused, the Gauhati High Court recently refused to quash criminal proceedings of a rape case wherein a man has been accused of raping his sister. The Court said that the allegation has a serious impact on society. Terming the offence as "heinous", the bench of Justice Mitali Thakuria, in categorical terms, opined that it is not...
Witness Statements Contradicted During Cross: Gauhati High Court Sets Aside Conviction, Life Term For Alleged Murder Of Daughter-In-Law
The Gauhati High Court recently set aside a Murder conviction passed by the Trial Court under Section 302 of IPC on the ground that the evidence of the witnesses, who allegedly heard the deceased making dying declaration, was contradicted during their cross examination.The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi observed:“The learned Trial Court has come to...