Gauhati High Court
Advocate Rinima Begum Murder Case| 'Sessions Court Ignored Relevant Materials': Gauhati HC Cancels Bail Granted To 2 Men
The Gauhati High Court cancelled the bail granted by the Sessions Court to 2 men in connection to the Barpeta Advocate Rinima Begum Murder case of 2022. A bench of Justice Robin Phukan observed that while granting bail to the accused, the Sessions Judge did not discuss the existence of a prima facie case, the nature of the accusation, the severity of punishment, apprehensions of...
[Police Station Arson Case] Rs. 30 Lakh Compensation Paid To Accused Whose Houses Were Demolished: Assam Govt Tells High Court
The Assam Government on Wednesday informed the Gauhati High Court that a compensation of Rs. 30 Lakhs has been paid to six affected persons whose houses at Batadrava in Nagaon district were demolished by the local Police in May, 2022.The said affected persons are accused of arson in Batadrava Police Station in May, 2022 and their houses were allegedly bulldozed in the aftermath of the fire.As...
Gauhati High Court Closes PIL Challenging Non-Completion Of Augmentation Of Greater Diphu Water Supply Scheme
The Gauhati High Court recently closed a PIL raising the grievance regarding non-completion of the 'Augmentation of Greater Diphu Water Supply Scheme in Karbi Anglong District', by observing that the Assam Government has already approached the Central Government for the purpose of providing fund for implementation of the aforesaid Water Supply Scheme and the matter is now under...
Gauhati High Court Voids Provision Imposing 7% Ad Valorem Duty On Court Fees For Grant Of Probate Or Letters Of Administration Over Properties Exeeding ₹5 Lakh In Value
The Gauhati High Court on Tuesday held that Article 11 of Schedule I of the Court Fee (Amendment) Act, 1950 in respect of levy of Court fee for grant of probate or letter of administration at the rate of 7 percent ad valorem where the value of properties exceeds Rs.5 Lakhs without there being any upper limit fixed, as unconstutional and violative of Article 14 of the Constitution of India....
Gauhati HC Directs Govt To Reconsider Case Of Candidates With Experience As Home Guards, SPOs In 2017 Recruitment For Constables Under Assam Industrial Security Force
The Gauhati High Court recently directed the Assam Government to reconsider the case of candidates who had previous experience as Home Guards and then Special Police Officers (SPOs) for the recruitment process of Constables under the Assam Industrial Security Force in 2017, by allotting two marks for such certificates wherein the period of service either as Home Guards or SPOs has not...
Daily Wager Employed By State Without Issuance Of Advertisement Or Selection Process Isn't Entitled To Claim Protection From Retrenchment: Gauhati High Court
The Gauhati High Court single bench of Justice Michael Zothankhuma dismissed a writ petition noting that neither an advertisement was issued, nor any selection process was followed before engaging the employee as an occasional daily wager. It further held that State Bank of India (SBI) is State under Article 12 of the Constitution. Therefore, it would have to make appointments...
Gauhati High Court Seeks Status Report On Pending Cases Against MPs/MLAs From Assam, Nagaland, Mizoram & Arunachal Pradesh
The Gauhati High Court on Wednesday directed the Registrar General of High Court to present a status report with regard to the number of pending cases along with status and stay orders in these cases pertaining to MPs and MLAs in the four states under its jurisdiction namely- Assam, Nagaland, Mizoram and Arunachal Pradesh.The said direction was passed in a suo moto proceeding before the...
Gauhati HC Commutes Death Sentence On Ground That Trial Court Failed To Consider Convict's Possibility Of Rehabilitation & Social Integration
The Gauhati High Court recently commuted the death sentence of a convict to life imprisonment on the ground that the trial court while imposing the ultimate penalty of death, failed to take into consideration the possibility of his reformation, rehabilitation and social reintegration.The division bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita observed that there are no...
Gauhati HC Allows Plea By Riflemen Challenging 'Break In Service' Due To Discharge Based On Unsubstantiated Claims Of Not Being Medically Fit
The Gauhati High Court has recently allowed a writ petition over the issue of treatment of appointment from the initial year of 2001, filed by six Rifleman (GD) of Assam Rifles who were discharged from service in 2001 on the ground that they were medically unfit during their basic training.A single-judge bench of Justice Sanjay Kumar Medhi observed:“……this Court is of the considered...
[APSC Cash-For-Jobs Case] Gauhati High Court Upholds Order Changing Status Of Suspended APS Officer Sukanya Das From Witness To Accused
The Gauhati High Court recently upheld an order of the Special Judge by which the status of the suspended APS officer Sukanya Das was changed from a witness to an accused in the APSC cash for job case under various provisions of the Prevention of Corruption Act, 1988 and IPC.The single judge of Justice Mridul Kumar Kalita observed:“There is nothing in the impugned order which shows that...
Gauhati High Court Asks State's Finance Dept About Compensation To 'Batadrava Police Station Arson' Accused Whose Houses Were Demolished
The Gauhati High Court on Friday granted a week's time to State's Finance Department to apprise the Court as to by what time the compensation would be paid to those whose houses at Batadrava in Assam Nagaon's district were demolished by Assam Police in May, 2022. The said affected persons are accused of arson in Batadrava Police Station in May, 2022 and their houses were allegedly bulldozed...