Gauhati High Court
‘Prosecution Has Failed To Prove Victim’s Age Beyond Reasonable Doubt’: Gauhati High Court Sets Aside Conviction In POCSO Case
The Gauhati High Court on Tuesday set aside the conviction and order of sentence passed by the trial court under Section 6 of POCSO Act against a man, on the ground that the prosecution has failed to prove beyond reasonable doubt that the victim was below 18 years of age at the time of incident.The single judge bench of Justice Malasri Nandi observed:“It is well settled that ossification...
Gauhati High Court Weekly Round-Up: July 31 - August 06
NOMINAL INDEX [Citations 2023 LiveLaw (Gau) 74-79]Lena Basumatary @ Lena Gayari v. The State of Assam & Anr. 2023 LiveLaw (Gau) 74Sabina Ahmed & 225 Ors. v. The Director General & 5 Ors. 2023 LiveLaw (Gau) 75B v. The State of Assam 2023 LiveLaw (Gau) 76Kalyan Barman v. The State of Assam & Anr. 2023 LiveLaw (Gau) 77Assam Power Distribution Company Ltd. v. Prafulla Brahma and...
In 1999 Bus Electrocution Case, Gauhati High Court Orders Motor Accident Claims Tribunal To Pass Fresh Judgment After Hearing Power Company
The Gauhati High Court recently set aside the Motor Accident Claims Tribunal, Kamrup's order directing Assam Power Distribution Company Limited (APDCL) to pay compensation to a person who got injured due to electrocution of a bus in which he was travelling.The single judge bench of Justice Parthiv Jyoti Saikia noted that no notice was issued to APDCL and without hearing it, the Tribunal...
Gauhati High Court Sets Aside Conviction Of Man Accused Of Murdering His Wife In 2010
The Gauhati High Court on Monday set aside the conviction of a man in a case under Section 302 and 498A of IPC and granted benefit of doubt to him. The accused was alleged to have murdered his wife. The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi passed the verdict in a case dating back to 2010. The appeal was filed by the convict in 2019.“In the present case,...
‘No Corroboration To Evidence Of Child Witness, No Medical Evidence On Record’: Gauhati High Court Sets Aside POCSO Conviction
The Gauhati High Court recently set aside the conviction in a 2014 POCSO case where a maternal uncle of the victim was accused of penetrative sexual assault. The trial court in December 2018 had sentenced the convict to imprisonment of seven years.Justice Malasri Nandi said the mother of the victim lodged the FIR and deposed before the court, on information allegedly given by the victim girl...
Gauhati High Court Quashes ICAR Order Stopping Payment Of Additional Allowances To KVK Employees Under Assam Agricultural University
The Gauhati High Court recently quashed an order issued by Indian Council of Agricultural Research (ICAR) for suspending the payment of Non-Practicing Allowance (NPA), Special Duty Allowance (SDA), Special Compensatory Allowance (SPA) and travelling Allowance (TA) earlier paid to the employees of the Krishi Vigyan Kendras (KVKs) under the aegis of the Assam Agricultural University Jorhat from...
Gauhati High Court Sets Aside Murder Conviction In 2009 Case As Post Mortem Report Not Proved Through 'Competent Person Of Medical Science'
The Gauhati High Court has set aside the murder conviction in a case dating back to 2009 on the ground that the prosecution did not examine any competent person of medical science with regard to the post-mortem report which was found admissible under Section 32(2) of Indian Evidence Act by the trial court. The division bench of Justice Lanusungkum Jamir and Justice Malasri Nandi said the...
Gauhati High Court Directs Centre To Forthwith Release Its Share For Completion Of Greater Diphu Water Scheme Project
The Gauhati High Court recently directed the Union Government to release its remaining share of Rs 1636.05 lakhs for the successful implementation of scheme named “Augmentation of Greater Diphu Water Scheme in Karbi Anglong District” under the Non-Lapse Central Pool of Resource (NLCPR).The division bench of the Chief Justice Sandeep Mehta and Justice Suman Shyam noted that out of the...
Gauhati High Court Asks State To Take Steps To Boost Tourism In Area Surrounding Deepor Beel
The Gauhati High Court on Wednesday suggested certain measures for the consideration of the State Government regarding protection, beautification and enhancement of bio-diversity of the Deepor Beel lake.The measures were suggested by the division bench of the Chief Justice Sandeep Mehta and Justice Suman Shyam in a PIL which highlighted the various issues and challenges being faced in...
Gauhati High Court Asks State If It Would Pay Compensation U/S 357A CrPC To Kin For Unnatural Death Of Prisoners In Custody
The Gauhati High Court on Thursday directed the Assam government to clarify whether it proposes to grant compensation to the kith and kin of prisoners who died unnaturally in custody, by treating them to be victims as defined under Section 357A of CrPC. The division bench of the Chief Justice Sandeep Mehta and Justice Arun Dev Choudhury was hearing a PIL filed by Studio Nilima...
Output Tax Was Paid Using ITC, Railway Can’t Deny GST Reimbursement On Price Variation: Gauhati High Court
The Gauhati High Court had held that railways cannot deny GST reimbursement on account of price variation merely on the grounds that the output tax was paid through an electronic credit ledger using the Input Tax Credit (ITC).The bench of Justice Devashis Baruah has observed that the petitioner would be entitled to his PVC claim in terms of the contract, and GST paid by the Petitioner from...