Gauhati High Court
Gauhati High Court Calls For Affidavit From Fisheries Dept Detailing Action Taken For Restricting Import, Stock Or Sale Of Fish Preserved With Formaldehyde
The Gauhati High Court has recently issued directions to the Fishery Department, Assam Government to furnish details of the action taken by it in pursuance to the Standard Operating Procedures (SOP) in respect of Kamrup (Metro) district for restricting import/stock/sale of fish imported from other than self-sufficient States by Road/River Route using formaldehyde and indicating the results of...
Gauhati High Court Directs State To Furnish Details Of Interim Measures Taken To Deal With Pollution Of Bharalu River
The Gauhati High Court recently directed the State Government to furnish the details regarding the interim measures to be taken by it to deal with the pollution of the Bharalu River in Guwahati. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a suo moto PIL in which an affidavit was filed on behalf of the Additional Secretary, Department of Urban...
[NDPS Act] Gauhati High Court Sets Aside Conviction Of Accused Due To Non-Compliance With S. 52A, Doubts On Validity Of Seizure
The Gauhati High Court recently set aside the conviction of two accused persons under Section 20(C) read with Section 29 of the NDPS Act on the ground that seizure of the contraband from the possession of the accused persons is doubtful and there was no compliance of Section 52A of the NDPS Act.The single-judge bench of Justice Malasri Nandi observed:“From the evidence of PW 12...
POCSO Act | Charge Of Penetrative Sexual Assault Can Be Invoked In Case Of Non-Tear Of Hymen: Gauhati High Court
The Gauhati High Court has made it clear that the charge of penetrative sexual assault under the POCSO Act can be invoked even on slightest penetration and it is not necessary to show victim's hymen-tear in such cases.It thus set aside the judgement of a trial court by which it acquitted an accused in a criminal case registered under Section 6 of the POCSO Act, on the ground that the trial...
Gauhati High Court Calls For Report From SLSA On Condition Of Children Lodged In Shelter Homes Across State
The Gauhati High Court recently directed the Assam State Legal Services Authority (ASLSA) to instruct the Secretaries of the respective District Legal Services Authorities to take stock of the situation in the shelter homes, particularly regarding the conditions of the children and submit a report before the Court on May 01, 2024. The division bench of Chief Justice Vijay Bishnoi and...
Gauhati High Court Halts De-Notification Of Deepor Beel Wildlife Sanctuary
The Gauhati High Court on Friday directed the Assam Government not to issue any notification de-notifying the Deepor Beel Wildlife Sanctuary.The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam noted:“…once the notification declaring the Deepor Beel as Wildlife Sanctuary has been affirmed by the Division Bench of this Court and a SLP filed against the decision of...
State Has Primary Duty To Disburse Funds Under Assam Victim Compensation Scheme: Gauhati High Court
The Gauhati High Court has recently asked the Assam government to come up with a definite proposal for release of the requisite funds to be disbursed to the victims under the Assam Victim Compensation Scheme, 2012 by May 20, 2024. The division bench comprising the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed:“We are forced to make a comment that it is very sorry state of...
Gauhati High Court To Celebrate 76th Establishment Day Today
The 76th Establishment Day of the Gauhati High Court is set to be observed on April 5 with a commemorative program slated at the Kalaguru Bishn-uprasad Rabha Auditorium of Cotton University.According to an official statement, the event will commence at 5 pm and will witness the presence of Justice Ranjan Gogoi, former Chief Justice of India, who will grace the occasion as the chief guest....
Gauhati High Court Denies Interim Relief To Allow MP Naba Kumar Sarania To Contest Polls Over SLCSC Order Stating He Doesn't Belong To ST Community
The division bench of Gauhati High Court on Wednesday set aside an interim order by a single bench which suspended an order passed by the State Level Caste Scrutiny Committee which opined that Naba Kumar Sarania, a sitting Lok Sabha member from Kokrajhar constituency does not belong to Bodo/Bodo Kachari community, which is a recognized ST(P) community in Assam.The consequence of the said...
Kamakhya Temple Corridor: PIL In Gauhati High Court Seeks Protection Of Temple's Original Structure, Notice Issued
The Gauhati High Court on Tuesday issued notice to the Assam government on a PIL seeking that the original structure of Kamakhya Temple not be disturbed with the construction of the proposed 'Maa Kamakhya Temple Access Corridor'.The plea also seeks a direction on the State to not proceed with construction of the Corridor without taking prior approvals and clearance from the Department...
Appointment Of Arbitrator When Claims Not Covered By GCC Would Cause Wastage Of Resources And Time: Gauhati High Court Dismisses S. 11 Application
The Gauhati High Court single bench of Justice Michael Zothankhuma held that while the primary authority to determine non-arbitrability lies with the Arbitral Tribunal, the Court may intervene in manifestly non-arbitrable claims to prevent resource wastage. “To appoint an Arbitrator, even though there is no doubt in the view of this Court that the present dispute is not...
Gauhati High Court Urges State To Notify Child Protection Policy, Rules Under Juvenile Justice (Care & Protection) Act
The Gauhati High Court has urged the State Government to notify the Child Protection Policy and the rules under the Juvenile Justice (Care and Protection) Act by June 24, 2024. The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further showed hope that the High Court appointed Committee shall be able to complete the inspection of all the Child Care...