Registering Authority Becomes Functus Officio Once Sale Deed Is Registered, Cannot Cancel It: Gauhati High Court Reiterates

The Gauhati High Court has reiterated that once a sale deed is registered, the Sub-Registrar or Registrar becomes functus officio and has no power to cancel or reopen the registration. A registered sale deed can be cancelled only by a competent Civil Court.Justice Anjan Moni Kalita observed, “a sale deed once registered by competent authority, i.e. the Sub-Registrar or the Registrar, the...

Long Occupation Of Govt Land Doesn't Create Right To Settlement Under Assam Settlement Rules: Gauhati High Court

The Gauhati High Court has held that merely being in occupation of Government land for a long time does not confer any right to have the land allotted, and at best the occupant may be considered for allotment subject to the land policy and public interest.Justice Devashis Baruah observed, “This Court also cannot turn a blind eye to the fact that merely being in occupation of Government...

Gauhati High Court Clubs 4 FIRs Over Alleged ₹80-Crore Skill-Training Fraud Involving 20,000 Fake Beneficiaries

The Gauhati High Court has clubbed four FIRs arising from allegations of an ₹80-crore skill development fraud involving more than 20,000 alleged fake labourers or beneficiaries, after finding that the allegations in all four FIRs were the same. Justice Anjan Moni Kalita observed, “In view of the aforesaid facts, this Court is also of the opinion that allowing four FIRs to independently...

Blacklisting Can't Be Based Merely On Prima Facie Satisfaction From FIR, Chargesheet & Cognizance: Gauhati High Court

The Gauhati High Court has held that blacklisting or debarment, which entails the consequence of a “civil death” to a contractor, cannot be based merely on a prima facie satisfaction and must follow an independent assessment of the available material by the competent authority.Justice Devashis Baruaah observed, “A drastic measure of blacklisting which entails the consequence of a...

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...