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...

Employee Of Railways Cannot Be Appointed As Arbitrator, Violates Section 12(1) A&C And Perkins Eastman: Gauhati High Court

The Gauhati High Court single bench of Justice Michael Zothankhuma held the personnel who is the employee of the Indian Railways cannot be appointed as an arbitrator as it would violate Section 12(1) of the Arbitration and Conciliation Act, 1996 and the law laid down in Perkins Eastman Architects DPC & Anr. Vs. HSCC (India) Ltd. Section 12(1) of the Arbitration and Conciliation...

MSMED Act | Conciliation Mechanism Under Section 18 Shall Be Followed To Resolve Payment Dispute: Gauhati High Court Dismisses Writ Petition

The Gauhati High Court single bench of Kaushik Goswami dismissed a writ petition noting that when a dispute arises regarding payment under Micro, Small and Medium Enterprises Development Act, 2006, the mechanism under Section 18 shall be followed to resolve the dispute by way of a conciliation proceeding, failing which arbitration proceeding as prescribed under Section 18 to...

Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court

The Gauhati High Court single bench of Justice Michael Zothankhuma held that panel/appointment of the serving/retired officials of the Railways, as members of the Arbitral Tribunal, is hit by Section 12(5) and the 7th Schedule of the Arbitration and Conciliation Act. “When the General Manager, N.F. Railway himself cannot be made an Arbitrator in view of Section 12(5) and the...

Gauhati HC Directs Consideration Of Plea For Refund By Pilgrims Who Were Given Regular Flights For Haj Pilgrimage Despite Paying For Charetered Flight

The Gauhati High Court recently directed Central Haj Committee to dispose the representations of 137 Haj pilgrims seeking for the refund of the excess flight fare within 90 days, as they were allegedly asked to take normal passenger flight despite paying fare of an international chartered flight from Guwahati to Jeddah, as per the provisions laid down in Section 42 of the Haj Committee Act,...

Gauhati High Court Issues Notification Adopting Practise Directions For Proceedings Initiated Under POCSO Act

The Gauhati High Court recently issued a notification to adopt the practice directions for the proceedings in Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act, 2012 in the High Court and its Outlying Benches. This move by the High Court came in pursuance to an order dated June 23, 2023 in the case of Dipak Nayak v. The State of Assam & Ors. wherein a divison bench...