Gauhati High Court
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,...
Gauhati High Court Convicts Lawyer For Contempt Over Comments On Judge's "Model-Like" Jewellery, Comparison With Mythical Demon
A lawyer who made scathing remarks against an Additional District Judge by inter alia commenting upon her attire and comparing her to mythical demon, was convicted for criminal contempt by the Gauhati High Court yesterday.The division bench of Justice Kalyan Rai Surana and Justice Devashis Baruah passed the order after the lawyer, Utpal Goswami, pleaded guilty and tendered an apology.“In...
Stabbed Friend's Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC
The Gauhati High Court recently altered the murder conviction of a man who stabbed his friend in the neck, to that of culpable homicide not amounting to murder on the ground that there was no evidence to show that the offence was committed with an intention or motive to kill the deceased. While setting aside the conviction of the appellant under Section 302 (Murder) IPC, the division bench...
Gauhati High Court Quashes Order Declaring 52-Yr-Old Woman A Foreigner After Citizen-Father's Testimony Remains Uncontroverted
The Gauhati High Court recently quashed and set aside order of Foreigners Tribunal which declared a citizen of India as foreign citizen, on the ground that verification report of the authorities was incomplete and evidence of the father of the petitioner, who deposed that the petitioner is his daughter, remained uncontroverted.While setting aside the order of the Tribunal, the division bench...