'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...

Gauhati High Court Directs Trial Court To Conduct Fresh Hearing On Framing Of Charges In UAPA Case Against Akhil Gogoi, Others [Read Judgment]

The Gauhati High Court on Thursday set aside the order of NIA court, which had discharged Assam MLA Akhil Gogoi and three others in the UAPA case connected to the alleged incidents of violence during protests against Citizenship Amendment Bill (CAB) in 2019. The appeal was preferred by NIA against the judgment and order dated 01.07.2021 passed by the Special Judge, NIA, Assam, Guwahati...

[Excess Service] No Recovery From Employee In Absence Of Misrepresentation Regarding Date Of Superannuation: Gauhati High Court

The Gauhati High Court on Wednesday directed the Assam Power Distribution Company (APDC) to reimburse the excess pay and allowances to the legal heirs of a deceased Ex-Lineman which was paid due to oversight his date of superannuation and already deducted by the APDC. The Single Judge bench of Justice Devashis Baruah observed: “it has been admitted that it was on account...

‘Mini Trial Held, Special Court Went Into Question Of Possibility Of Conviction’: Gauhati High Court Sets Aside Order Discharging Akhil Gogoi In UAPA Case

The Gauhati High Court on Thursday set aside a trial court order discharging Assam MLA Akhil Gogoi in a UAPA case registered against him and others in 2019 by National Investigation Agency (NIA) in connection with the protests against Citizenship Amendment Bill. The division bench of Justice Suman Shyam and Justice Malasri Nandi last month had reserved its decision on the appeal moved by...