S.10(26) IT Act | Gauhati HC Upholds Refund Of Income Tax Deducted From Scheduled Tribe Officer's Salary, Says He Was Entitled To Exemption

The Gauhati High Court has upheld a single-bench decision asking the Central government to refund the income tax deducted from the salary of a BSF Assistant Commandant belonging to the Scheduled Tribe community.A division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair passed the direction in view of Section 10(26) of the Income Tax Act, 1961, which prescribes tax...

Gauhati High Court Closes PIL Against Allegedly Illegal Land Possession Certificates For Reserve Forest, Says Govt Enquiry Found No Illegality

The Gauhati High Court at Itanagar on Monday (April 28) disposed of a PIL regarding the alleged illegality in issuance of the Land Possession Certificates/No Objection Certificates in the reserve forest under the Namsai Forest Division by observing that the Government has already set up an enquiry and as per the enquiry report, no illegality has been committed in issuance of the...

Supreme Court Stays Gauhati HC's Contempt Proceedings Against Bar Association President

The Supreme Court today(April 28) granted interim protection to the Gauhati High Court Bar Association President, KN Choudhary, against the contempt proceedings initiated by the Gauhati High Court.The High Court had initiated the proceedings based on a complaint filed by the Advocate General against Choudhary and two other senior lawyers, alleging that Anil Kumar Bhattacharyya and...

POCSO Act | Court Must Corroborate Victim's Testimony If Found To Be Unreliable: Gauhati High Court

The Gauhati High Court recently set aside a conviction under Section 10 of the POCSO Act passed by the Trial Court on the ground that the victim's evidence was not found to be of sterling quality and was utilised without corroboration. The single judge bench of Justice Mridul Kumar Kalita observed:“This Court is of considered opinion that once it is found that the prosecutrix has not...

Gauhati High Court Issues Contempt Notice To GHCBA President For Failure To Act Against Lawyers Who Made Remarks Against Judge

The Gauhati High Court has issued contempt notices to various lawyers, including the president of the Gauhati High Court Bar Association (GHCBA), on the plea moved by the Advocate General. The GHCBA president was issued notice for failing to act against lawyers who had made negative remarks against a sitting judge of the High Court regarding the relocation of the HC premises.A division bench...

GHCBA President Requests Recusal Of Judge From Deciding Contempt Petitions Over Liking Social Media Post Related To Case

The Gauhati High Court Bar Association President Kamal Nayan on Wednesday (April 9) sought recusal of Justice Unni Krishnan Nair from the bench deciding the contempt petitions filed the Advocate General of Assam against three advocates including the Bar President.The Advocate General, Devajit Saikia had filed contempt petitions under Sections 11, 12 & 15(1)(a) of the Contempt of Courts...

Assam AG Files Contempt Petition Against HC Bar Association Prez, Two Other Advocates Over Gauhati High Court Relocation Row; Verdict Reserved

The Gauhati High Court on Tuesday (April 8) reserved judgment in criminal contempt petitions filed by Advocate General, Devajit Saikia under Sections 11, 12 & 15(1)(a) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, alleging that Anil Kumar Bhattacharyya (Senior Advocate) and another advocate (Pallavi Talukdar) of the Gauhati High Court have...

2024 Lok Sabha Polls: Gauhati HC Rejects Congress Candidate's Plea Challenging BJP Candidate's Election Over Lack Of Proper Attestation

The Gauhati High Court recently dismissed a petition by Congress's Hafiz Rashid Ahmed Choudhury–who contested from Assam's No. 7 Karimganj Constituency in the 2024 Lok Sabha Elections–challenging the election of winning BJP candidate Kripanath Mallah. The court dismissed the petition on the ground of lack of proper attestation of the petition. The court also allowed an application moved...

Gauhati High Court Declines Stay On Amendments To Nagaland Lokayukta Act Regarding Provisions On Eligibility, Constitution Of Search Committee

The Gauhati High Court at Kohima recently denied to stay the two amendment Acts of 2019 and 2022, respectively to the Nagaland Lokayukta Act, 2017.The division bench of Justice Devashis Baruah and Justice Budi Habung observed:“The law as regards the stay of an enactment of legislature or its amendments is very clear. The power under Article 226 of the Constitution can be exercised when...

Gauhati HC Issues Notification Directing Subordinate Courts In Assam To Dispose Of Pending Execution Petitions In 6 Months

The Gauhati High Court on Wednesday (March 26) issued a notification directing all the Sub ordinate Courts of State of Assam to dispose of the pending execution petitions within a period of 6 months without fail, or else the concerned Presiding Officer would be answerable to the High Court.The said notification was issued in pursuant to the order dated March 6 passed by the Supreme Court...

Gauhati High Court Directs Assam Govt To Show Steps Taken To Combat Problem Of 'Rampant' Hill Cutting

The Gauhati High Court recently asked Assam Government to place on record measures taken by it to tackle the problem of "hill cutting" in greater Guwahati and surrounding areas as well as other areas in the state. The division bench comprising the Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair was hearing a PIL highlighting the issue of encroachments and cutting of hills which...

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498(A) of the Indian Penal Code. A bench of Justice Parthivjyoti Saikia added that the word “cruelty” for the purpose of Section 498(A) IPC is to be established in the context of Section 498(A),...