Gauhati High Court
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...
Insurance Company Not Liable To Pay Compensation For Death Of Gratuitous Passengers Travelling In Goods Vehicle: Gauhati High Court Reiterates
The Gauhati High Court recently reiterated that Insurance Company cannot be held liable to pay compensation for the death of gratuitous passengers travelling in goods vehicle. While allowing the appeal filed by the insurance company, the single judge bench of Justice Parthiv Jyoti Saikia held:“The Insurance Company is not liable to pay compensation to the claimant. The claimant is at liberty...
Gauhati High Court Seeks ATR On Alleged Illegal Encroachments In Tipam Hills
The Gauhati High Court on Thursday, in a suo motu PIL, directed the authorities to submit a report and action taken with regard to the allegation of illegal encroachment of historic Tipam hill. The suo motu PIL was registered by the court in 2018 on the basis of a letter written by Late Nilay Dutta, Senior Advocate highlighting a report of the Assamese newspaper ‘Niyomiya...
Gauhati High Court Allows Declared Foreigner's Request For Extension Of Time To Register With Foreigners’ Regional Registration Office
The Gauhati High Court on Friday allowed the request of a declared ‘foreigner’, who had entered the State of Assam between the period 1966 and 1971, to extend the period for registering himself with the Foreigners’ Regional Registration Office (FRRO).The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan granted one month's time to Sakat Ali, observing, “In...
Gauhati High Court Orders Centre To Pay ₹20 Lakh To Families Of Five Killed In 1994 Army Operations In Assam
The Gauhati High Court has ordered the Union Government to pay ₹20 Lakhs compensation in the interest of justice to the families of five deceased persons who were killed in the 1994 army operation, Assam.The High Court held that the deaths of the five men took place during the army operation, and therefore, compensation must be awarded in the interest of justice.The bench of Justice...
RTE Act | Take Action Against Schools Not Reserving 25% Elementary Level Seats For Children From Disadvantaged Groups: Gauhati High Court To State
The Gauhati High Court recently directed the Assam Government to implement its policy framed under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (the Act of 2009) with regard to the admission benefits to the children belonging to the weaker section and disadvantaged group in the unaided and non-minority institutions. While hearing a PIL on the issue,...