Workmen's Compensation Act | Gauhati HC Sets Aside Award For Driver Who Lost Eye In Accident, Says No Qualified Medical Practitioner Assessed Loss Of Earnings

The Gauhati High Court has set aside an order passed by the Commissioner of Workmen's Compensation which awarded a compensation of Rs. 3,74,364/- to a driver who allegedly lost vision in one eye in an accident, on the ground that no qualified medical practitioner was examined to assess the loss of earning capacity of the claimant in relation to his injuries and disability certificate was...

PDS License Cannot Be Cancelled Unless Show Cause Notice Explicitly Intimates Licensee Of Prospective Cancellation: Gauhati High Court

The Gauhati High Court has made it clear that a show cause notice issued to a license holder under the Assam Public Distribution of Articles Order, 1982 would be insufficient to cancel the license if the notice does not explicitly mention cancellation as a consequence to failure to submit an adequate reply.The single judge bench of Justice Devashis Baruah observed:“A perusal of Clause 15(2)...

High Court Issues Notice To Assam Govt In Plea Challenging Socio-Economic Survey Of 'Indigenous Muslims' For Implementing 'Welfare Schemes'

The Gauhati High Court on Monday issued notice to the Assam Government in a PIL challenging the Recommendations of the Sub-Committee on 'Cultural Identity of Indigenous Assamese Muslims' and the Cabinet decision to conduct a socio-economic survey of the five sub-groups (Syed, Goriya, Moriya, Deshi and Julha) which are identified as the indigenous Assamese speaking Muslims by the...

When Functional Disability Assessed At 50%, Loss Of Earning Capacity Cannot Be Assumed As 100%: Gauhati HC Directs Re-Assessment Of Accident Compensation

The Gauhati High Court has set aside an order of the Commissioner, Workmen's Compensation, Golaghat which directed the Insurance Company to pay Rs. 4,99,152/- a driver who suffered injuries as a result of an accident, on the ground that the Commissioner has erred in assessing the amount of compensation by erroneously accepting the loss of earning capacity of the claimant to be 100% in...

Guwahati Grenade Blast 2019 | High Court Grants Bail To UAPA Accused In Custody For Over 4.5 Years Citing Insufficient Evidence

The Gauhati High Court last week granted bail to one Indra Mohan Borah, who has been booked under the stringent Unlawful Activities Prevention Act (UAPA) for his alleged involvement in the 2019 grenade blast that occurred near the Guwahati Central shopping mall which left 12 people injured. A bench of Justice Michael Zothankhuma and Justice Malasri Nandi granted him bail noting that...

Industrial Units Can't Be Discriminated For Budgetary Support Based Turnover: Gauhati High Court

The Gauhati High Court recently held that the exclusion of industrial units who were eligible to avail benefits under the NEIIPP, on the classification that they did not pay Central Excise Duty either because their annual turnovers were below the threshold limit of 1.5 crores or that they had produced items which were already exempted, cannot be permitted to be a ground to deny the benefits...

High Court Directs Assam University To Consider Lateral Entry Of Candidates From B-Voc To B-Tech Courses As Per AICTE Guidelines

The Gauhati High Court has recently directed the Registrar of Assam University, Silchar to consider the admission of two students, who have passed the Bachelor of Vocation (B. Voc.) from the said University, in a course for B. Tech. (Lateral) in Agricultural Engineering as per the AICTE rules. The single-judge bench of Justice N. Unni Krishnan Nair observed:“In terms of the order...

Supreme Court Collegium Recommends Appointment Of Two Women As Gauhati HC Judges

The Supreme Court collegium has recommended the appointment of Shamima Jahan, an advocate, and Yarenjungla Longkumer, a judicial officer, as judges of the Gauhati High Court.The collegium comprising Chief Justice DY Chandrachud, and Justices Sanjiv Khanna and BR Gavai has passed a resolution which reveals that the names have been suggested on the strength of the high court collegium's May...

Consideration For Promotion Facet Of Fundamental Right, Can't Deny Promotion To Eligible Candidates If Vacancies Available: Gauhati High Court

The Gauhati High Court has directed the Department of Fishery, Government of Assam to consider the representation of a retired In-Charge District Fisheries Development Officer (DFDO) for promotion to the post of DFDO on merit regarding the position obtaining on the date of his retirement from service and pass an appropriate order within 3 months. The single-judge bench of Justice Suman...

Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction

The Gauhati High Court has set aside the conviction and sentence imposed on a man, for committing the alleged offence of rape against a minor under Section 376 of IPC, by the Trial Court on the ground that the evidence of the victim is not similar to the deposition of her younger sister before the court and the evidence of the medical officer who examined the victim does not indicate any...

Gauhati High Court Directs State To Provide Medical Care & Financial Assistance To Girl Who Was Left Bedridden Due To Rare Complication After Vaccine

The Gauhati High Court recently directed the State to pay a monthly stipend at the rate as applicable to unskilled workers under the Minimum Wages Act, 1948 to take care of her daily needs and a monthly sum of Rs. 3700/- for engaging a caretaker till her life, to a minor girl who is suffering from Acute Disseminated Encephalomyelitis (ADEM), a permanent disability, which is a rare...

Gauhati High Court Grants Bail To Army Major Accused Of Torturing Minor Domestic Help

The Gauhati High Court has granted bail to Major Shailendra Kumar Yadav, who, along with his wife, was arrested in September for allegedly torturing their minor domestic help.Justice Susmita Phukan Khaund observed, “Indeed, there are incriminating materials against the petitioner and his wife. The photographs clearly reveal that the victim was subjected to extreme cruelty, but fortunately,...