Meghalaya High Court
Meghalaya High Court Acquits Woman In Husband & Son's Murder Case, Flags Defective Confession & Weak Evidence
The Meghalaya High Court set aside conviction of a woman, who had been sentenced to life imprisonment for the alleged murder of her husband and for causing grievous injury to her minor daughter. The Court held that the prosecution failed to establish guilt beyond reasonable doubt, particularly in a case resting entirely on circumstantial evidence.A Division Bench of Justice Revati Mohite...
Meghalaya HC Quashes Garo Hills ADC Notification Requiring ST Certificate For Election Nomination, Says Executive Committee Lacks Power
The Meghalaya High Court set aside a notification issued by the Garo Hills Autonomous District Council that required candidates to submit a Scheduled Tribe (ST) certificate while filing nomination papers for elections to the District Council. The Court held that the notification was issued without following the mandatory legislative procedure prescribed under the Sixth Schedule and the...
Meghalaya High Court Upholds Shillong Club's Century-Old Lease, Says Admitted Deed Cannot Be Questioned Over Mere Non-Production
The Meghalaya High Court has dismissed the Second Appeal filed by the Shillong Club Ltd., holding that once both parties admit the execution and existence of the lease deed, the First Appellate Court can't invalidate it merely because the original document was not produced. Justice W.Diengodh remarked that: “In view of the admission of the parties as to the existence or authenticity of the...
Criminal Justice Not Purchasable Commodity: Meghalaya High Court Rejects Monetary Settlements In Fatal Negligence Cases
The Meghalaya High Court dismissed a petition seeking quashing of an FIR under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, holding that offences involving death due to rash and negligent driving can't be quashed merely based on compromise with the deceased's legal heirs. The Court emphasized that allowing such compromises would erode public confidence in the justice delivery system...
Justice Revati Mohite-Dere Sworn In As Chief Justice Of Meghalaya High Court
Justice Revati Mohite-Dere was sworn-in as the Chief Justice of Meghalaya High Court on Saturday (January 10). The oath of office was administered to Justice Dere by Governor Chandrashekhar H. Vijayashankar at the Lok Bhavan. On January 1 the Central Government had notified the appointment of Justice Mohite Dere as the Chief Justice of the Meghalaya High Court with effect from the date...
Meghalaya High Court Directs State To Constitute Monitoring Committee To Tackle Drug & Substance Abuse, Rehabilitation Of Victims
The Meghalaya High Court recently asked the State Government to constitute Monitoring Committee to address the drug and substance abuse and rehabilitation of the victims in the State of Meghalaya.The division bench of the Chief Justice Soumen Sen and Justice H.S. Thangkhiew further directed that the said Monitoring Committee shall be chaired by the Chief Secretary to the Government of...
Meghalaya High Court Flags 'Alarming' Breach Of Separation Of Powers; Orders District Council Judge To Cease Functioning As Executive Secretary
The Meghalaya High Court recently directed a Judge of the District Council Court to forthwith cease functioning as the Secretary to the Executive Committee of Garo Hills Autonomous District Council, Tura as holding both the posts by him violates separation of powers.The division bench comprising Chief Justice Soumen Sen and Justice H. S. Thangkhiew was hearing a PIL raising the issue that...
Non-Signatory, Non-Existent LLP Cannot Invoke Arbitration Protection Through Group Of Companies Doctrine: Meghalaya High Court
The Meghalaya High Court has dismissed an appeal filed by Suraksha Salvia LLP against the State Government's termination of a Public-Private Partnership (PPP) for a diagnostic centre in Shillong, ruling that a company that was not even in existence on the date of agreement execution cannot seek protection under section 9 of the Arbitration and Conciliation Act. The Division Bench comprising...
Award Holder Cannot Claim Compound Interest When Tribunal Grants Only Simple Interest In Arbitral Award: Meghalaya High Court
The Meghalaya High Court set aside an order of the Commercial Court, Shillong which had accepted the calculation of the award holder's method of calculating interest and directed Power Grid Corporation of India Ltd. (PGCIL) to pay the remaining amount under an arbitral award. The Court held that the Executing Court had effectively modified the award by permitting computation of...
Aadhaar Card Can't Be Made Mandatory For SC/ST Students To Avail Post-Matric Scholarships: Meghalaya High Court
The Meghalaya High Court has barred the State government from insisting on production of Aadhaar card as a mandatory pre-condition for students belonging to Scheduled Caste (SC) or Scheduled Tribe (ST) category to avail post-matric scholarships and other financial assistance. It further directed that upon proof of identity and residence from any other authentic document, the eligible...
Meghalaya High Court Directs State To Monitor & Prevent Alleged Illegal Limestone Mining By Cement Company
The Meghalaya High Court recently directed the State Government to keep a vigil to ensure that Amrit Cement Industries Limited does not indulge in illegal mining of limestone. The division bench comprising the Chief Justice I. P. Mukerji and Justice W. Diengdoh was hearing a PIL raising the allegation of alleged illegal mining of limestone by Amrit Cement Industries Limited (respondent No. 9)...
Disputes Over Disaffiliation Of State Golf Associations Can Be Referred To Arbitration Under Clause 66 Of IGU Rules: Meghalaya High Court
The Meghalaya High Court bench of Justice H. S. Thangkhiew, in a notable judgment has observed that the dispute resolution clause provided in Clause 66 of the IGU Rules and Regulations would apply to instances of disaffiliation of a state golf association by the Indian Golf Union (IGU) and the arbitration would be conducted under the aegis of Arbitration Commission of the...