Gauhati High Court Directs Assam Police To Pay ₹5 Lakh Compensation To Advocate For Handcuffing Him Without Just Cause

The Gauhati High Court on Wednesday directed the Assam Police to pay a compensation of Rs. 5 Lakhs to an Advocate for handcuffing him without just cause. The single judge bench of Justice Devashis Baruah observed that the act of police to handcuff the said advocate without just cause violates the mandate of Article 21 of the Constitution of India.“…..the Petitioner is an Advocate...

Gauhati High Court Sets Aside Murder Conviction Upon Finding Accused Was Of Unsound Mind, Directs Production Before Mental Health Review Board

The Gauhati High Court on Monday set aside the conviction of a man under Section 302 of IPC passed by the Trial Court on the ground that he was of unsound mind at the time of the incident and was not capable of understanding the consequences of his action.While setting aside the conviction, the division bench of Justice Michael Zothankhuma and Justice Malasri Nandi observed:“…….we are...

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction

The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed:“……considering the fact that the testimony of the victim girl while she has...

Gauhati High Court Allows Candidate Whose Written-Answer Sheet Was Rejected For Containing Two Ticks On One Answer To Appear In Viva-Voce

The Gauhati High Court has allowed a candidate whose answer scripts were rejected for containing two tick marks against a single answer, to appear in the viva voce of the examination.It was held that the reasons for the rejection of the written answer script in the exam for the post of Sub-Inspector in the Food and Civil Supplies Department were a result of certain acts on the part of...

Gauhati High Court Allows Advocate To Sponsor Education Of Child Born Out Of Sexual Assault

The Gauhati High Court recently allowed an Advocate who voluntarily came forward to pay and take care of the educational needs of a child aged 4+ years who was born out of a sexual offence committed against their minor mother.A single judge bench of Justice Achintya Malla Bujor Barua noted that if the authorities are of the view that the victim child who was born out of the aforesaid offence...

Alongside Embargo Of Section 37 NDPS Act, Undue Delay In Trial Can Be A Ground For Grant Of Bail: Gauhati High Court

The Gauhati High Court recently granted bail to an accused arrested for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) considering that there was no plausible ground to believe that he was guilty of the offence. Allowing the plea of the petitioner-accused, Justice Arun Dev Choudhury observed that alongside the embargo placed by Section 37 of NDPS Act,...

Foreigners Tribunals Declared Almost 85% Proceedees Indian Citizens: Gauhati High Court Directs State To Probe

The Gauhati High Court has directed the Assam Government to conduct a departmental review and take appropriate measures in cases where Foreigner Tribunals had declared proceedees/applicants as citizens of India or foreigners without any analysis of the materials on record or any proper reasoning for such declaration.Upon observing such a trend in orders by the foreigner tribunals merely...

Gauhati High Court Directs State To Pay ₹5 Lakh Compensation To Daughter Of Man Killed By Police During 'Assam Movement' In 1981

The Gauhati High Court recently directed the State Government to pay a compensation of Rs. 5 lakhs under its ex gratia compensation scheme, to the daughter of a man who was killed by the police when he was participating in the Assam movement on November 30, 1981. The claim for compensation had initially been refused on the ground that the said amount had been already disbursed to the brother...

Gauhati HC Says Specially Abled Child Has Right To Have Benefit Of Caregiver, Directs Education Dept To Reconsider Transfer Of His Father

The Gauhati High Court has asked the Director of Secondary Education, Assam to give due consideration to the representation made by one of its official regarding his transfer, on the ground that he is the father of a specially abled child.Justice Achintya Malla Bujor Barua observed that the child has a "legal right" to have the benefit of his care giver father to be with him without any...

Relevant Evidence Not Considered, Gauhati High Court Asks Labour Court To Decide Assam Power Corp Workers' Termination Issue Afresh

The Gauhati High Court has recently set aside the judgment of a single bench which affirmed an award of the Labour Court rejecting claims of certain workmen engaged by Assam Power Development Corporation Limited regarding their unlawful termination.A division bench of Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaundon set aside the order on the ground that photocopies of the...

Assam Services Rules | Pensioner Entitled To Provisional Pension Until Criminal Appeal Attains Finality: Gauhati High Court

The Gauhati High Court has held that a criminal appeal is a judicial proceeding in the context of Rule 22(1) of the Assam Services (Pension) Rules, 1969 ("1969 Rules") and a pensioner is entitled for provisional pension until appeal u/s 374 CrPC attains finality.The Single Judge Bench of Justice Arun Dev Choudhury noted:“Rule 22 (1) of Rules, 1969 provides that when a proceeding...

Gauhati High Court Acquits Man Accused Of Killing Mother & Injuring Brother, Says Incriminating Circumstances Were Not Conclusively Proved

The Gauhati High Court has recently set aside the conviction of a man for allegedly murdering his mother and injuring his brother, on the grounds that incriminating circumstances were not proved beyond all reasonable doubt before the trial court. It was further observed that the allegedly incriminating circumstances did not form a complete chain of events in order to indicate that the accused...