Gauhati High Court
Eviction Drives: Gauhati High Court Seeks Report On Number Of Shelter Camps in Assam
The Gauhati High Court in a suo motu PIL sought a report from Assam Government regarding the exact number of temporary shelter camps in the entire state wherein people who have been displaced on account of eviction drives are being housed. The division bench of the Chief Justice Sandeep Mehta and Justice Mridul Kumar Kalita further directed:“The statistics would include the...
Gauhati High Court Dismisses Dhubri Stamp Vendors Association’s Appeal Against ‘Indiscriminate’ Grant Of Licences
The Gauhati High Court recently dismissed an appeal filed by the Stamp Vendors Association, Dhubri alleging indiscriminate issuance of fresh Stamp Vendor Licenses to the non-members, on the ground that no legally enforceable right of the members of the said Association has been violated.The division bench of The Chief Justice Sandeep Mehta and Justice Soumitra Saikia held:“In the facts...
A Court Cannot Condone The Delay In Filing Of The Petition Under Section 34 Of The A&C Act Beyond 120 Days: Gauhati High Court Reiterates
The Gauhati High Court has held that a Court cannot condone the delay in the filing of the petition under Section 34 of the A&C Act beyond 120 days.The bench of Justice Malasri Nandi held that the Court cannot condone the delay beyond the period of limitation provided under Section 34(3) of the Act i.e. 3 months+ 30 days. It held that Section 5 of the Limitation Act does not apply to...
Gauhati High Court Directs State To Explain Why Foreigners Tribunal Ignored Woman's Plea That Show Cause Notice Wasn't Intended For Her
The Gauhati High Court recently directed the Assam Government to show cause with regard to the order of a Foreigners Tribunal which directed a woman, instead of the suspected foreigner to whom notice was originally intended, to discharge the burden that she is not a foreigner.The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed:“The respondents in the...
CAT Cannot Condone Delay In Filing Review Application: Gauhati High Court
The Gauhati High Court recently reiterated that the Central Administrative Tribunal (CAT) has no power to condone the delay and entertain a review application beyond a period of 30 days. The division bench of The Chief Justice Sandeep Mehta and Justice Soumitra Saikia observed:“The Tribunal shall have no power to condone the delay unless expressly conferred the power by the statute creating...
Gauhati High Court Orders Centre, Assam Govt To Stop Illegal Mining By Coal India Ltd In Forest Areas Of Digboi Division
The Gauhati High Court recently directed the Union Government as well as the State Government to stop Coal India Ltd. from undertaking mining activities in Saleki Proposed Reserve Forest until all penalties and compensatory levis are deposited and Stage II approval is granted by Ministry of Environment Forest and Climate Change (MoEF & CC).The division bench of the Chief Justice Sandeep...
Rule 161 Of RPF Rules Which Dispenses Departmental Enquiry Is Exception, Sufficient Reasons Must Be Recorded To Invoke It: Gauhati High Court
The Gauhati High Court on Thursday directed the Central Government to reinstate a dismissed RPF Constable on the ground that no departmental enquiry was conducted and no opportunity of being heard was given to the said constable for his dismissal. The single judge bench of Justice Suman Shyam observed: “The petitioner is facing trial in a criminal proceeding arising out of...
Confession Made To Police Officer In Absence Of Magistrate Can't Form Basis For Murder Conviction: Gauhati High Court
The Gauhati High Court recently acquitted a woman who was convicted by the trial court for murder of her husband, on the ground that her confession made to the police without corroboration cannot be the basis for the conviction.The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi observed:“Section 26 of the Indian Evidence Act prohibits proof of a confession made by...
Gauhati High Court Imposes Cost On Two Advocates Who Signed Vakalatnama For Non-Existing Person, Recommends Enquiry
The Gauhati High Court recently imposed a cost of Rs. 50,000/- each upon two advocates who had signed the Vakalatnama for a non-existing petitioner in a frivolous litigation which went on for more than 6 years.The single judge bench of Justice Sanjay Kumar Medhi observed:“what is astonishing is that the judicial process has been successfully taken for a ride for the last more than six years...
Gauhati High Court Upholds Assam Government's Notification On Deepor Beel Wildlife Sanctuary, Sets Aside Single Bench Ruling
The Gauhati High Court recently upheld the notification issued by the Assam Government declaring an area of 4.1 Sq. K.M. of the water body commonly known as the “Deepor Beel” a Wildlife Sanctuary within the meaning of the Wild Life (Protection) Act, 1972. The division bench of Chief Justice Sandeep Mehta and Justice Suman Shyam observed:“It would be pertinent to note here-in that...
'Error Of Judgment' On Part Of Medical Authorities: Gauhati High Court Orders Assam Govt To Pay Rs 5 Lakh To Custodial Death Victim's Wife
The Gauhati High Court recently directed the Assam Government to pay an amount of Rs. 5 lakh as compensation to a woman, whose husband died in the jail because timely appropriate and adequate medical facility was not provided to him due to an error of judgment on the part of medical authorities regarding his medical condition.The division bench of Justice Achintya Malla Bujor Barua and...
Appellate Court Becomes Functus Officio After Disposing Main Appeal, Cannot Decide Injunction Application Thereafter: Gauhati High Court
The Gauhati High Court recently held the dismissal of an injunction application by a District Judge, 5 days after disposal of the main title appeal, to be bad in law. The single judge bench of Justice Justice Parthiv Jyoti Saikia observed:“The Title Appeal was disposed of on 23.02.2022 and the connected injunction petition was disposed of 5 days later, i.e. on 28.02.2022. With the delivery...