Assam Land Requisition Act | Landowner's Appeal Must Be Decided Before Possession Is Taken: Gauhati High Court

The Gauhati High Court has held that the right of appeal under Section 3(3) of the Assam Land (Requisition and Acquisition) Act, 1964 is a substantive right and cannot be rendered illusory by taking possession of the land before the appeal is decided.Justice Manish Choudhury observed, “If a statute provides such a right to appeal, such right to appeal is not to be illusory. A right to...

Forest Department Can't Evict Alleged Encroachers Without Following Supreme Court Directions In Abdul Khalek: Gauhati High Court

The Gauhati High Court has held that if the Forest Department proposes to take action against alleged occupants of a reserved forest, it must follow the procedure laid down by the Supreme Court in Abdul Khalek v. State of Assam.Justice Devashis Baruah, observed, “...taking into account the directions, which were passed by the Supreme Court in Abdul Khalek (supra), whereby there was a...

Borrower Of Vehicle Steps Into Shoes Of Owner, Can't Claim Compensation U/S 163A MV Act Against Owner & Insurer: Gauhati High Court

The Gauhati High Court has held that a permissive user who borrows a vehicle and steps into the shoes of its owner cannot claim compensation under Section 163A of the Motor Vehicles Act against the owner and insurer of that vehicle.Justice Manish Choudhury observed, “The claimant was a permissive user and the borrower of the two-wheeler which he borrowed from the owner. He had, thus,...

S.144 BNSS | Disputed Marital Relationship Requires Evidence At Trial: Gauhati High Court Refuses To Quash Maintenance Proceedings

The Gauhati High Court has held that maintenance proceedings cannot be quashed where the nature of the alleged marital relationship between the parties requires determination through evidence at trial.Justice Sanjeev Kumar Sharma observed, "Although the contradictory statements of the respondent made in different proceedings as to the dates and places of marriage do create some doubt...

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...

Doctor's Registration Can't 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"...

“Can't 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...