Gauhati High Court Disposes PIL Seeking 80% Job Reservation For Assamese People, Says Issue Under Consideration Of State Govt

The Gauhati High Court on Wednesday disposed of a PIL which contested that despite the Assam Accord executed between the stakeholders and the then Prime Minister of India, on August 15, 1985, certain promises made in the Assam Accord have not been complied with till date.The division bench comprising the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed that the issues raised in...

Court Not Mere Post Office U/s 11(6) A&C Act, Has Power To Decide Arbitrability By Prima Facie Analysis: Gauhati HC

The Gauhati High Court single Judge Justice Michael Zothankhuma has rejected the notion that it is a mere post office under Section 11(6) of the Arbitration and Conciliation Act, 1996, obligated to appoint an arbitrator without considering obvious legal infirmities. The single-judge held that the court under Section 11(6) of the Arbitration Act decides the arbitrability of the dispute...

Arbitration Commences When Arbitral Tribunal Is Constituted, Not When Party Gives Receipt Of Claim: Gauhati High Court

The Gauhati High Court single bench of Justice Sanjay Kumar Medhi held that the commencement under Section 21 of the Arbitration and Conciliation Act, 1996 does not arise unless an Arbitration Tribunal is constituted. It held that the arbitration does not automatically commence when the other party gives receipt of the claim. Brief Facts: The dispute arose when the Badri Rai...

Gauhati HC Impleads State's Social Justice Dept In Plea Seeking Medical, Physical Test Criteria For Transgender Candidates In Police Recruitment

The Gauhati High Court recently impleaded and issued notice to the Social Justice and Empowerment Department, Assam as a party respondent in a PIL filed by Assam Transgender Association seeking a direction to the Assam Police to republish and amend the advertisement and be directed to formulate a suitable criteria and options in the physical test, medical test etc. for recruitment of...

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC

The Gauhati High Court on Saturday granted bail to suspended ACS officer Rakesh Das, accused of using illegal means to increase his marks by inserting fake answer script in Combine Competitive Examination 2013, conducted by Assam Public Service Commission (APSC).The single judge bench of Justice Robin Phukan observed that in the present case, the provision of Section 41A of CrPC has not...

Gauhati High Court Sets Aside Family Court's Interim Maintenance Order Passed In Absence Of Affidavits Disclosing Parties' Asset & Liabilities

The Gauhati High Court recently set aside a Family Court order directing a husband to pay interim maintenance of Rs. 5,000/- per month to his wife, on the ground that both the parties have not submitted the affidavits disclosing the assets and liabilities in the proceeding before the Family Court.The single judge bench of Justice Robin Phukan observed:“Here in this case, having gone through...

High Court Hails Assam Govt For Preparing Draft Child Policy, Social Audit Process Covers Requirements Of JJ Act, POCSO And Child Protection Act

The Gauhati High Court has welcomed the move of the Assam Government for formulating draft Child Policy and designing social audit process to cover requirements of three Acts namely Juvenile Justice (Care and Protection) Act, Child Protection Act, and POCSO Act so that there is due compliance of the relevant provisions in the said Child Policy.The division bench of Justice Kalyan Rai Surana...

Gauhati High Court Stays SCN Seeking Reversal Of ITC On Account Of Default At Supplier's End

The Gauhati High Court has granted the interim stay of Show Cause Notice in the case of Surya Business Private Limited, seeking reversal of ITC on account of default at the supplier's end.The bench of Justice Manish Choudhury has observed that the petition challenging the Show Cause Notice seeking reversal of ITC requires further examination and directed that the department shall not act upon...

'Torn Jeans, Pyjamas Next?' Gauhati High Court Pulls Up Lawyer For Justifying Wearing Jeans In Court

The Gauhati High Court recently refused to modify/alter an order passed by it in January 2023 by which it directed the police to remove a lawyer from the High Court campus after he appeared before the Court wearing a jeans pant in a pre-arrest bail application matter.The single judge bench of Justice Kalyan Rai Surana observed:“It appears that by virtue of this interlocutory application,...

Justice Vijay Bishnoi Sworn In As Chief Justice Of Gauhati High Court

On February 5, Justice Vijay Bishnoi sworn in as the Chief Justice of Gauhati High Court.The Assam Governor Gulab Chand Kataria administered the oath of office to Justice Bishnoi. Assam Chief Minister Himanta Biswa Sarma, Assembly Speaker Biswajit Daimary and several other dignitaries were present at the oath taking ceremony held at Raj Bhavan. It is to be noted that the Supreme Court...

Gauhati High Court Directs Nagaon District Admin To Take Effective Steps To Prevent Unauthorised Buffalo Fight Upon PETA's Representation

The Gauhati High Court recently directed the State government to look into a representation seeking to stop an event of buffalo fight (Moh-juj) which was scheduled to be held on February 04 in Assam's Hatigarh. The development ensued in a writ petition filed by People for the Ethical Treatment of Animals (PETA) India challenging a notification dated December 27, 2023 issued by the...

Litigant's Caste/ Religion Not To Be Mentioned In Court Filings: Gauhati High Court

The Gauhati High Court on January 30, 2024 issued a notification with immediate effect by which it directed that the caste/religion of a litigant will no longer be required to be mentioned in the memo of parties in any petition/suit/proceeding filed before the Gauhati High Court or the courts under its jurisdiction. This move by the Gauhati High Court came after the order dated January 10,...