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 Gauhati High Court

Parked Vehicle Not Liable For Contributory Negligence Where Driver Had Sufficient Time To Exercise Due Care: Gauhati High Court

The Gauhati High Court has held that no negligence or contributory negligence could be attributed to an oil tanker parked on the left side of the National Highway when the vehicle which hit it from behind had sufficient time to exercise due care and caution.Justice Manish Choudhury observed, “this Court does not find any negligence on the part of the oil tanker, much less...

State Must Pay Dues For Private Vehicles Hired For Law & Order Duties After Verification: Gauhati High Court

The Gauhati High Court has held that where private vehicles were admittedly taken on hire by government authorities, the owner would be entitled to the amounts due upon proper verification of the claims.Justice Devashis Baruah observed, “as it is an admitted fact that the Petitioner's vehicles were taken on hire by the Respondent Authorities, the Petitioner would be entitled to the amounts...

Furniture Shops Must Register Under Assam Wood-Based Industry Rules, But Non-Compliance Is Not Forest Offence: Gauhati High Court

The Gauhati High Court has held that furniture businesses falling within the category of Secondary Wood-Based Industrial Units under the Assam Wood-Based Industries Rules, 2022 are required to register, but breach of the Rules cannot by itself constitute a “forest offence” where no punishment is prescribed.Justice Devashis Baruah held, “The above analysis would make it apparent that for...

Doctors Registration Cant Be Withdrawn Without Effective Hearing, Reasoned Order: Gauhati High Court

The Gauhati High Court has held that the power of the Ethical Committee under Section 32(D) of the Assam Medical Council Act, 1999 to withdraw a doctor's registration is quasi-judicial and must be exercised consistently with natural justice, including an effective hearing, independent consideration of the material and a reasoned order.Justice Kaushik Goswami, observed, “The power...

Gauhati High Court Refuses To Halt Transfer Of 5 Captive Elephants To Tamil Nadu Temples, Finds No Prima-Facie Possibility Of Ill-Treatment

The Gauhati High Court refused to halt the transfer of five captive elephants belonging to private persons to Tamil Nadu for religious purpose, "prima-facie" observing that it finds no reason as of now to pass any restraint order unless it is shown that necessary clearances have not been obtained. The court thus asked Assam Government to file a detailed affidavit on an application...

Gauhati High Court Questions Demolition Of Private Houses In Goalpara, Says Authorities Prima Facie Misused Disaster Management Act

The Gauhati High Court has said that the demolition of residents' homes on private land in Goalpara did not "prima-facie" show any imminent threat requiring such action and further prima facie pointed to misuse of the Disaster Management Department Act.The court was hearing a petition moved by various persons challenging notice issued by Circle Office, Matia (Respondent No. 3) "threatening"...

“Cant Turn Around After Unpalatable Result”: Gauhati High Court Rejects Challenge To Law Officers Selection By Failed Candidates

The Gauhati High Court has denied relief to four candidates who had challenged result to recruitment for law officers in Assam State Prosecution Service after finding that the candidates had participated in the selection process, waited for the results and then later challenged the selection process after finding the result "not palatable".Justice Devashis Baruah observed, “In the opinion...

Passport Issued Despite Pending Citizenship Reference: Gauhati High Court Orders Inquiry, Directs Assam DGP To Fix Responsibility

The Gauhati High Court has directed the Assam Home Department and the Director General of Police to inquire into how a passport was issued to a person whose citizenship was already under question in a pending Foreigners Tribunal reference.A Division Bench of Justice Sanjay Kumar Medhi and Justice Pranjal Das, observed:“This Court fails to comprehend as to how such Passport could have...

Dimapur-Kohima Road Works: Gauhati High Court Expresses Displeasure Over Slow Progress, Directs Authorities To Expedite Pending Works

The Gauhati High Court has expressed displeasure over the slow progress of works on different stretches of the Dimapur-Kohima road and directed the authorities and contractors to expedite the pending works.A Division Bench of Justice Manish Choudhury and Justice Yarenjungla Longkumer observed, “We are constrained to express our displeasure with regard to the construction progress achieved...

Children Who Lose Parents To Motor Accident Entitled To Parental Consortium: Gauhati High Court Enhances Award To ₹8.81 Lakh

The Gauhati High Court enhanced the accident compensation granted to the family of the deceased to ₹8.81 Lakh observing that the deceased's two children were entitled to parental compensation which had not been granted by the motor accident tribunal. Justice Kaushik Goswami referred to Supreme Court's decision in Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram & Ors...

11 Years After SARFAESI Sale, Gauhati High Court Directs Bank To Hand Over Possession; Says Third-Party Injunction No Bar

The Gauhati High Court has directed a bank and the district administration to hand over possession of a property to auction purchasers more than 11 years after the SARFAESI auction, holding that a third-party injunction operating in a pending title suit would not bar them from taking possession.Justice Devashis Baruaah observed, “The said injunction, under no circumstances, would create...