Muslim Law Doesn't Recognize Joint Family, Brother Can't Sell Land Belonging To Minor Siblings: Gauhati High Court

The Gauhati High Court has reiterated that under Muslim Law interest of each heir is separate and distinct wherein the brother of four minor siblings cannot act as their guardian and sell off land belonging to the minors as under this law theory of representation or joint family is not recognized. In doing so the court upheld the plaintiff's possession over a land parcel for 30-33 years,...

Building Partly On Govt Land: Gauhati High Court Says Extent Of Demolition & Compensation Must Be Decided By Civil Court

The Gauhati High Court has held that the question of whether a building was damaged during an eviction drive, the extent of such demolition and the compensation payable for the loss cannot be determined in writ proceedings and must be adjudicated by a competent civil court on the basis of evidence.Justice Devashis Baruah made the observation while dealing with a writ petition seeking...

Seizure Witness Signed Papers At Police Station, Didn't Witness Recovery: Gauhati High Court Acquits Two In NDPS Case

The Gauhati High Court has acquitted two persons convicted under Section 20(b)(ii)(c) of the NDPS Act after finding that the seizure witnesses stated that their signatures were obtained either at the police station or at their residence and that they had not witnessed the recovery.Justice Mridul Kumar Kalita observed, “...none of the seizure witnesses has been able to prove the fact of...

National Highways Act | Reference Court Can Decide Title Dispute While Determining Entitlement To Land Acquisition Compensation: Gauhati High Court

The Gauhati High Court has held that where a dispute arises as to entitlement to compensation or its apportionment under the National Highways Act, 1956, the Reference Court under Section 3H(4) can incidentally decide questions of title.Justice Devashis Baruah observed, “In fact, in a proceedings under Section 3H (4) of the Act of 1956, the Reference Court is equipped with the jurisdiction...

Plaintiff Can't Oppose Impleadment Of Proper Party Merely As 'Dominus Litis': Gauhati High Court

The Gauhati High Court has held that a plaintiff cannot oppose the impleadment of a proper party merely on the ground that, being dominus litis, the plaintiff has the right to choose the persons against whom they wish to litigate.Justice Mridul Kumar Kalita observed, “...the general rule with regard to impleadment of parties, that the plaintiff being dominus litis may choose the person...

Gauhati High Court Legal Services Committee Constitutes Dedicated Panel For Legal Representation In Death References, Appeals

The Gauhati High Court Legal Services Committee recently (August 21) notified a dedicated panel for handling the death reference matters and appeals against death sentence. The Panel comprises of the following Senior Advocates:Senior Advocate Kamal AgarwalSenior Advocate Anup Kumar DasSenior Advocate Z. KamarThe said notification has been issued in compliance with the directions issued by...

Municipality May Refuse To Renew Tenant's Trade Licence Where Landlord Objects: Gauhati High Court

The Gauhati High Court has held that a municipality can insist upon written agreement for renewal of a tenant's trade licence and may refuse renewal where there is no consent from the owner of the premises.Justice Sanjay Kumar Medhi observed, “In the instant case, there is no such consent from the owner of the premises who has also contested this proceeding by filing of an...

Gauhati High Court Acquits Man In POCSO Case, Says Prosecution Failed To Prove He Knew Victim Was Minor

The Gauhati High Court quashed a man's conviction for kidnapping and sexual assault under POCSO Act observing that the prosecution failed to prove the case beyond reasonable doubt as it could not establish that the accused knew the alleged victim was a minor or that he had the intention to have sexual intercourse with her. The court was hearing a man's appeal against a trial court order which...

Earlier Finding Of Paternity Operates As Res Judicata In Maintenance Case; No DNA Test Without Strong Case Of Non-Access: Gauhati High Court

The Gauhati High Court has held that an earlier unchallenged finding that a man had a physical relationship with a woman and that a child was born out of that relationship can operate as res judicata in maintenance proceedings under Section 125 CrPC, so far as question of paternity of the child is concerned.Justice Sanjeev Kumar Sharma observed, “The said issue, having been already decided...

24-Hour Clock For Production Before Magistrate Runs From Initial Detention, Not Formal Arrest Under NDPS Act: Gauhati High Court

The Gauhati High Court has held that the 24-hour period for producing an accused before a Magistrate under Article 22(2) of the Constitution and Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 begins from the point of initial detention under Section 42 of the NDPS Act, and not from the time of formal arrest.Justice Sanjeev Kumar Sharma observed, “Therefore, once a person is...

Legal Heir Not Made Party Can Seek Setting Aside Of Ex-Parte Succession Certificate Under Order IX Rule 13 CPC: Gauhati High Court

The Gauhati High Court has held that the remedy for revocation of a succession certificate under Section 383 of the Indian Succession Act does not make an application under Order IX Rule 13 CPC irrelevant where the succession proceedings had gone ex parte against a legal heir who was not made a party.Justice Mridul Kumar Kalita observed, “The question that as there is a specific provision...

State Authority Can't Challenge Ex-Parte Award For Lack Of Hearing After Failing To Ensure Representation: Gauhati High Court

The Gauhati High Court has held that a State authority cannot assail an ex parte award for want of opportunity of hearing where it had notice of the proceedings, had engaged counsel and still failed to ensure its representation.Justice Kaushik Goswami observed, “The fact that the appellant is a State authority cannot, by itself, absolve it of the responsibility of diligently...