Services Utilised For Long Period Cannot Go Unpaid Merely Due To Absence Of Sanctioned Post: Gauhati High Court

The Gauhati High Court has held that where services of an employee are continuously utilised for a long period, payment cannot be denied merely because there was no sanctioned post and such non-payment would be unconstitutional and violative of fundamental rights.The court was hearing a school employee's plea who continued working in a Grade-IV post for nearly 35 years without a sanctioned...

Conviction Can Be Based Solely On Credible Testimony Of Police Witness: Gauhati High Court

The Gauhati High Court has upheld the conviction of a man under Section 302 IPC for killing his wife, holding that there was no reason to doubt the evidence of the police officer who had seen the appellant hacking the deceased with a weapon, merely because he was a police witness or a chance witness.The Division Bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar held, “In...

Railway Employee Who Voluntarily Vacates Official Quarter Can't Claim HRA When Similar Accommodation Remains Vacant: Gauhati High Court

The Gauhati High Court has held that a railway employee who vacates official accommodation and does not apply for available entitled-category quarters is not entitled to House Rent Allowance, and such claim cannot be sustained merely on the ground that similarly placed employees were granted HRA.A Division Bench of Justice Michael Zothankhuma and Justice Kaushik Goswami observed, “the number...

Disputes Over ESI Coverage, Contribution Liability Cannot Be Decided In Writ Jurisdiction Bypassing Statutory Mechanism: Gauhati High Court

The Gauhati High Court has held that disputes relating to ESI coverage, number of employees, contribution liability and the factual basis of an order passed under Section 45A of the Employees' State Insurance Act must ordinarily be raised before the Employees' Insurance Court under Section 75.In doing so the court said that the issues cannot be converted into a plea of inherent lack...

S.125 CrPC Maintenance | Magistrate Can't Presume High Income Merely Because Husband Failed To Produce Employment Documents: Gauhati High Court

The Gauhati High Court has held that mere failure of the husband in furnishing documents regarding his employment does not discredit his evidence about his income as stated in statement of assets and liabilities in maintenance proceedings. In doing so the court held that order shifting burden of proof on the husband to establish his income, for determining maintenance to wife, is arbitrary....

NRC Extracts Not Admissible To Prove Citizenship: Gauhati High Court Upholds Foreigner Tribunal Order

The Gauhati High Court has reiterated that extracts of National Register of Citizens (NRC) produced to prove Indian citizenship is not admissible in evidence for any purpose. A Division Bench of Justice Sanjay Kumar Medhi and Justice Shamima Jahan observed:"The petitioner had thereafter relied on the NRC details wherein the petitioner was shown as the son of Abul Haki. The same is again...

Children Can't Be Automatically Declared Foreigners Merely Because Parent Was Declared Foreigner: Gauhati High Court

The Gauhati High Court has made it clear that the children cannot automatically be declared foreigners, merely because a Foreigner Tribunal had declared their parent as a foreigner.In doing so, a Division Bench of Justice Sanjay Kumar Medhi and Justice Shamima Jahan reiterated that until a specific reference is initiated against an individual, no orders of declaration as foreigner of such...

Road Accident Victims Can't Be Left Remediless Due To Disputes Between Insurer And Insured: Gauhati High Court

The Gauhati High Court has reiterated that victims of road accidents should not be left without remedy merely because of disputes between the insured and the insurer, even while holding that the insurance company cannot be made liable where there was no valid policy covering the vehicle at the time of the accident.Justice Yarenjungla Longkumer, observed, “the fact that there was no...

Gauhati High Court Stays Felling Of 100-Year-Old Trees In Heart Of Aizawl City

The Gauhati High Court at Aizawl recently issued notice on a PIL against felling of 100 years old trees in the vacated Assam Rifle's land in the city.The division bench comprising Justice Michael Zothankhuma and Justice Kaushik Goswami also directed that the State to ensure that no more trees are cut in the area, until further orders.The PIL has been filed by environmental activist...

Assam Service Rules | Officer Voluntarily Resigning Without Taking Another Govt Appointment Barred From Claiming Pension: Gauhati High Court

The Gauhati High Court held that under the Assam Service (Pension) Rules a government employee who voluntarily resigns, without there being material to show that the resignation was for taking up another qualifying government appointment, results in forfeiture of past service and the employee is not entitled to pension. The Court, however, clarified that claims relating to earned...

Recovery Of Excess Gratuity From Retired Employee Without Misrepresentation Impermissible: Gauhati High Court Reiterates

The Gauhati High Court has reiterated that recovery of alleged excess gratuity from a retired employee is not permissible where there is no misrepresentation or fraud on the part of the employee and the excess payment has arisen due to the employer's own calculation.Justice Budi Habung, presiding over the case, observed, “In the present case the petitioner is a retired employee. The...

MACT | Insurer Must Prove Breach Of Policy Condition To Avoid Liability: Gauhati High Court Enhances Compensation By Over ₹15 Lakh

The Gauhati High Court has held that an insurer cannot avoid its liability in a motor accident claim without proving breach of policy condition by cogent evidence, and accordingly enhanced the compensation from ₹24,48,576/- awarded by the Tribunal to ₹39,87,730/-, extending the benefit to all dependents and correcting the deduction towards personal expenses.Justice Mridul Kumar...