Gauhati High Court Asks Assam Education Secretary To Furnish Affidavit On Implementation Of RTE Act In Private Schools Of Each District

The Gauhati High Court has recently asked the Assam Government to file affidavits stating the implementation of Section 12(1)(C) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) in each of the districts of Assam.The Court was hearing a PIL regarding non-implementation of Section 12(1)(c) of the RTE Act in the State. It was contended that the State Government...

Gauhati High Court Orders Rs 1 Lakh Compensation, Future Admission To Reserved Category MBBS Aspirant Erroneously Denied Seat

The Gauhati High Court recently directed the State Government to grant admission in MBBS Course at Assam Medical College, Dibrugarh to a OBC Ex-TGL Category candidate in the next academic session, who was initially given admission in the said course and later his name was removed from the revised list of admission, on the ground that the said candidate was illegally deprived of his...

Inclusive Infra, Vocational Training, Interpreters And More: Gauhati High Court Frames 'Equal Opportunity Policy For Persons With Disabilities'

The Gauhati High Court has framed and notified 'Equal Opportunity Policy for Persons with Disabilities' for all the Courts under its jurisdiction. The policy statement dated February 27, 2024 read:“The Gauhati High Court is committed towards eliminating all forms of discrimination (direct and indirect) and harassment and denial of reasonable accommodation to PwDs.”Major Highlights of the...

Retired Govt Servant Not Entitled To Separate Pension Or Gratuity For Period Of Subsequent Re-Employment: Gauhati High Court

The Gauhati High Court on Thursday upheld an order of the Assistant Registrar, NIT Silchar by which a former Lecturer of the NIT Silchar was denied second pension benefit on the ground that she was granted the benefit of voluntary retirement from the post of Assistant Teacher by the Government of Nagaland and subsequently re-employed at NIT. The single judge bench of Justice Lanusungkum...

Two Parallel Proceedings In Respect Of Same Period Not Permissible As Per CGST/SGST Act: Gauhati High Court

The Gauhati High Court has held that two parallel proceedings in respect of the same period are not permissible as per the CGST/SGST Act.The bench of Justice Manish Choudhury has observed that Section 6 of the CGST/SGST Act, more particularly Section 6(2), indicates that once a proceeding is initiated in either of the two Acts, another proceeding for the same period under the other Act cannot...

[Disability Pension] No Qualifying Service Needed To Claim Pension, Burden To Prove Disconnect Between Disease & Service Lies On Employer: Gauhati HC

The Gauhati High Court recently set aside the orders by which the claim of an Ex-Rifleman (Assam Rifles) for disability pension was rejected by the Director General (Assam Rifles), on the ground that the said orders are illegal and arbitrary which violates the legal right of the said Rifleman under Rule 3(A) of the CCS (Extraordinary Pension Rules), 1939.The single-judge bench comprising...

Will Implement Remedial Measures To Check Illegal Mining Activities In Dehing Patkai Elephant Reserve: Assam Govt Assures High Court

The Gauhati High Court on Tuesday was informed that the Assam Government has decided to implement, in phased manner, the recommendations and the remedial measures suggested by the One-Man Enquiry Commission for the purpose of checking the illegal mining activities in the Dehing Patkai Elephant Reserve at Patkai Hills.The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam...

[S. 489B IPC] Gauhati High Court Sets Aside Conviction Of Man For Using Counterfeit Currency Without Knowing, Says No Mens Rea

The Gauhati High Court on Tuesday set aside the conviction and sentence order of a man passed by the Trial Court under Section 489B (Using as genuine, forged, or counterfeit currency notes or bank notes) of IPC, on the ground that the prosecution has failed to prove the mens rea of the accused-appellant necessary to constitute an offense under the said provision. While setting aside...

Conditions U/S 42 NDPS Act Don't Apply To Search Of Private Vehicle 'In Transit': Gauhati High Court Denies Bail

The Gauhati High Court recently said conditions under Section 42 [Power of entry, search, seizure and arrest without warrant] NDPS Act of 'recording reasons for belief' and 'taking down of information received in writing' do not apply to search of a private vehicle 'in transit'. While denying bail to an accused intercepted driving a truck from which contraband in commercial quantity...

S.106 Evidence Act | Burden Of Proof Can't Be Shifted On Accused When Multiple Witnesses To Crime Present: Gauhati High Court

The Gauhati High Court recently set aside a murder conviction stating that accused has a right to remain silent and the burden of proof cannot be shifted upon the accused by applying Section 106 of the Indian Evidence Act, 1872 when multiple witnesses to the crime were present.Section 106 stipulates that when any fact is especially within the knowledge of any person, the burden of proving...

Gauhati High Court Stays Eviction Notices Issued To 43 Families On Bharalu River Bank Claiming Refugee Status

The Gauhati High Court recently stayed the eviction notices issued by the Assam Government to 43 families who are living on the bank of Bharalu river, by observing that on the basis of the documents annexed with the writ petition regarding their refugee status, the petitioners have been able to make out a prima facie case for interim protection.The single judge bench of Justice Manish...

"High Court Not Equipped To Conduct Enquiry, File Criminal Case": Gauhati HC Dismisses PIL Alleging Corruption In PM 'Krishak Sinchayee Yojana'

The Gauhati High Court recently dismissed a PIL which alleged rampant corruption in implementation of the Central Government funded schemes such as Pradhan Mantri Krishak Sinchayee Yojana – Per Drop More Crop (PMKSY-PDMC).The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam noted that the High Court is not equipped for conducting an enquiry into the allegations...