Gauhati High Court
‘Muslim Population Has Increased In Assam, This Abrupt Growth Has Come From Other Side’: Centre To Gauhati High Court In Declared Foreigners' Case
The Gauhati High Court is hearing a significant matter in which it is examining the rights available to a declared foreigner or illegal migrant in India before their deportation.In the last hearing held on April 28 before the division bench of Justice A.M. Bujor Barua and Justice Robin Phukan, the Deputy Solicitor General R.K.D. Choudhury submitted that there has been an increase in the...
Steps Must Be Taken To Digitalize Service Records Of Employees To Root Out Problem Of Overstay: Gauhati High Court
The Gauhati High Court recently directed the Assam Government to not make any recovery from a retired teacher on account of overstay in service on the ground that the concerned official who has signed the service book of the concerned teacher neither inserted the date of birth nor insisted to have it included in the Service Book. The single judge bench of Justice...
Inquiry Report Against Delinquent Employee Should Be Based On Substantive Evidence: Gauhati High Court Upholds Reinstatement Of CRPF Personnel
The Gauhati High Court recently upheld a single bench decision which quashed and set aside the dismissal of a CRPF personnel on the ground that the findings of inquiry officer were not based on any substantial evidence and the said personnel was not given opportunity of being defended. The division bench comprising the Chief Justice Sandeep Mehta and Justice Parthivjyoti Saikia...
Breaking: Gauhati High Court Denies Interim Relief (For Now) To Youth Congress Chief Srinivas BV In FIR Over Harassment Allegations
Today, the Gauhati High Court refused to grant any interim relief to Youth Congress national president Srinivas BV in his plea moved before it seeking to quash an FIR filed against him by an expelled party leader accusing him of outraging her modesty and heckling her.Justice Ajit Borthakur observed that a perusal of the case diary including the statement of the victim woman under Section...
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...