North East High Courts Weekly Roundup [February 20 - February 26, 2023]

Weekly round up of LiveLaw's coverage from High Courts of Gauhati, Manipur, Meghalaya, Sikkim and Tripura:Gauhati High CourtNominal Index:Jagat Chetri v. The Union of India & 5 Ors 2023 LiveLaw (Gau) 29Deep Jyoti Nath Vs State Of Assam 2023 LiveLaw (Gau) 30Babul Ahmed v. The Union of India & 5 Ors 2023 LiveLaw (Gau) 31Babul Ahmed v. The Union of India & 5 Ors 2023 LiveLaw...

Gauhati High Court Reduces Sentence Of Man Convicted For Sexually Assaulting Minor Daughter After Modification In Trial Court Verdict

The Gauhati High Court on Thursday modified the judgement and sentence of trial court in a POCSO case in which a father was convicted for the offence of penetrative sexual assault on his 13-year-old daughter, on the ground that the offence was not proved beyond all reasonable doubt.The division bench of Justice Michael Zothankhuma and Justice Parthivjyoti Saikia took note of the...

[PIT-NDPS Act] Detaining Authority Takes Over Two Months To Decide Detenue’s Representation, Gauhati High Court Orders Immediate Release

The Gauhati High Court on Thursday set aside a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT-NDPS Act) on the ground that the detaining authority took more than two and half months to dispose of the representation of the detenu.The division bench of Justice Achintya Malla Bujor Barua and Justice Robin...

[Cheating Case] Non-Compliance Of Section 41A CrPC Would Entitle Accused To Be Released On Bail: Gauhati High Court

The Gauhati High Court has held that if the police does not comply with the provisions of Section 41A CrPC in appropriate cases, the person arrested would be entitled to be released on bail.The present bail application was filed Section 439 CrPC in respect of a case registered under Sections 420 and 408 of the IPC against the petitioner who was physically handed over to police. It was...

Gauhati High Court Imposes Cost On Electoral Registration Officer For Referring Retired Army Officer To Foreigners Tribunal To Determine Citizenship

The Gauhati High Court on Monday imposed a cost of Rs. 10,000/- on Electoral Registration Officer (ERO) of 52 Dibrugarh Legislative Assembly, for referring to Foreigners Tribunal, a retired army personnel who has rendered a service of 38 years, for adjudication as to whether he is a citizen of India.The court observed that the order of reference itself provides that the ERO had got the...

Gauhati High Court Upholds Selection List Of Veterinary Dept, Says APSC's Rule 4A Permits Recruitment On Basis Of Interview Only

The Gauhati High Court on Friday upheld the selection list prepared by Assam Public Service Commission (APSC) for filling up 162 posts in the category of Veterinary Officer/ Block Veterinary Officer which was challenged on the ground that the selection was done without conducting a written test.“It is no doubt correct that under Rule 4B the APSC would be required to hold a written...

Gauhati High Court Grants Compensation To Kin Of Two Alleged ULFA Cadres Shot Dead By Assam Rifles, Rules Out CBI Probe

The Gauhati High Court has directed the Union of India to provide compensation of Rs. 4 Lakhs each to the mothers of two alleged ULFA cadres (United Liberation Front of Asom), who were killed by the Assam Rifles personnel while exercising their power under Armed Forces Special Powers Act.While allowing the writ petition the division bench of Chief Justice Mr. R. M. Chhaya and Justice...

Reserved Category Candidate Who Scores More Than Last Unreserved Category Candidate Entitled To General Seat: Gauhati High Court

The Gauhati High Court has reiterated that if a reserved category candidate secures more marks in order of merit than the last selected general category candidate, his candidature is to be considered as a general category candidate for the merit purpose.While allowing the writ petition, the single bench of Justice Achintya Malla Bujor Barua held:“as the petitioner had secured more marks...

'Dying Declaration Was Voluntary, Truthful': Gauhati High Court Upholds Conviction Of Man Found Guilty Of Setting Wife Ablaze

The Gauhati High Court today upheld the conviction of a person, who was found guilty of the murder of his wife on the basis of her dying declaration.While dismissing the appeal challenging the conviction, the division bench of Justice Michael Zothankhuma and Justice Parthivjyoti Saikia held:“The evidence adduced clearly show that the appellant had set the deceased on fire and that the...

Bigamy Violation Of CISF Rules But Not Heinous Enough To Warrant Dismissal From Service: Gauhati High Court

The Gauhati High Court recently upheld an order of the single judge which had set aside the dismissal of a CISF personnel who was dismissed from the service on the ground that he contracted a second marriage during the subsistence of his first marriage. While dismissing the appeal filed by Union of India, the division bench of the Chief Justice (Acting) N. Kotiswar Singh and...

Gauhati High Court Directs CIT (TDS) To Refund Income Tax Deducted From Salary Of Scheduled Tribe Officer Expeditiously

The Gauhati High Court has directed the Commissioner of Income Tax (TDS) to expeditiously process the request for a refund of income tax deducted from the salary of the DIG (Ops) of the Border Security Force, who is a member of the scheduled tribe.The single bench of Justice Soumitra Saikia has observed that the phrase "residing in any area specified" under Section 10 (26) cannot be...

'Why POCSO Act Added Here?What Is The Need Of Custodial Interrogation?: Gauhati HC Grants Anticipatory Bail In Many 'Child Marriage Act' Cases

Granting anticipatory bail to certain accused in different matters booked under the Prohibition of Child Marriage Act, 2006 r/w the POCSO Act, the Gauhati High Court today observed that these are not matters which require custodial interrogation."If marriage is taking place in violation of Law, the law will take its own course. These cases have been happening since time. We will only consider...