Family Pension Denied Due To Non-Provincialisation Of Service Before Death; Gauhati HC Suggests To make Fresh Plea To Governor

Gauhati High Court: A Single Judge Bench of Justice Robin Phukan disposed of a writ petition filed by a widow seeking family pension under the Assam Services (Pension) Rules, 1969. The court held that family pension could not be granted since the petitioner's husband's service was not provincialised before his death. However, it directed the widow to file an application before the...

Gauhati HC Sets Aside Disciplinary Action Against Law Students For Protesting At College Event, Asks Them To Apologise & Pay 10K Costs

The Gauhati High Court recently set aside two notices issued by Tezpur Law College's Principal-in-Charge initiating disciplinary action against a law student, on the condition that he shall tender a written apology to the Principal publishing it in two widely circulated newspapers in the locality and also pay cost of Rs.10,000.Justice Robin Phukan in his December 20 order...

Gauhati HC Directs Assam, Nagaland, Mizoram And Arunachal Pradesh To Report Steps Taken To Improve Condition Of Central/District Jails

The Gauhati High Court recently directed four states–Assam, Nagaland, Mizoram and Arunachal Pradesh, to file their respective comprehensive affidavit addressing all the issues highlighted by a Committee in its inspection report concerning the condition of different central jails and district jails across these states. The division bench of the Chief Justice Vijay Bishnoi and Justice...

Gauhati High Court Sets February 2025 Deadline For State To Notify Draft Rules & Child Protection Policy

The Gauhati High Court recently directed the Assam Government to inform it by February 25, 2025, about the status of the issuance of notification for the Draft Rules and Child Protection Policy; filling of the vacancies, and the status of social audit and tentative time of completion of the said audit. The division bench comprising Justice Kalyan Rai Surana and Justice Arun Dev Choudhury...

[Probation Of Offenders Act] Gauhati HC Extends Benefit Of Probation To Man Convicted U/S 498A IPC, Says Offence Was Not Heinous

The Gauhati High Court on Thursday (December 19) extended the benefit of Probation of Offenders Act to a man who was convicted and sentenced by the Trial Court to undergo one year imprisonment for the offence of cruelty under IPC Section 498A, after noting that the nature of offence alleged in the case was not so heinous. Notably, the Probation of Offenders Act Act provides for the release...

Gauhati HC Directs Counselling Of Parents Of Minor Rape Survivor Who Underwent Pregnancy Termination To Ensure She Isn't Abandoned

The Gauhati High Court on Thursday (December 19) directed the Secretary, District Legal Services Authority (DLSA) to undertake counselling of the parents of the minor girl, who was allowed to terminate her 26-week pregnancy after she was allegedly gang raped, so that they do not abandon her. A division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund further...

S.68 IT Act | Whether Assessee Discharged Burden To Substantiate Identity & Genuineness Of Share Application Money Is 'Question Of Fact', Not Law: Gauhati HC

The Gauhati High Court refused to entertain an appeal with respect to genuineness of credit received by an assessee from share application money, holding that the same would require it to venture into factual matrix of the case which is beyond its jurisdiction under Section 260A of the Income Tax Act, 1961. The appeal was preferred by the Revenue, following CIT(A) reversing the...

Gauhati High Court Issues Complete Ban On Buffalo & Bulbuli Bird Fights In Assam

The Gauhati High Court on Tuesday issued an order completely banning Buffalo and Bulbuli bird fights in the State of Assam.Justice Devasis Baruah passed the order upon hearing the arguments of People for Ethical Treatment of Animals (PETA), which argued that the 2023 government notification which allowed these fights to take place, violated the Prevention of Cruelty to Animals Act 1960 and...

Gauhati High Court Asks Assam DGP To Direct Police Stations Not To File 'Hit And Run' Case U/S 106(2) BNS As Provision Not In Force Yet

The Gauhati High Court recently asked Assam's Director General of Police to issue necessary direction to the police stations under his jurisdiction, not to register any case under Section 106 (2) of the BNS–pertaining to death by rash driving which is not culpable homicide–which has not come into force till date.Section 106(2) BNS states that "whoever causes death of any person by rash...

[MV Act] Gauhati HC Sets Aside MACT Order Which Dismissed Claim For Being Barred U/S 166(3), Says Accident Occured Before Section Was Inserted

The Gauhati High Court recently set aside an order passed by the Motor Accident Claims Tribunal, Kamrup by which it dismissed a claim petition filed after six months of the accident for being barred by limitation under Section 166(3) of the Motor Vehicles Act, 1988 (as amended in 2019), on the ground that the amendment to Section 166 of the Act, which includes the insertion of sub-section...

Gauhati High Court Asks Its Registry To List All 20 Criminal Pleas Involving MPs, MLAs Before Special Bench For Expeditious Disposal

The Gauhati High Court on Monday (December 9), directed its Registry to take necessary steps for listing all pending twenty criminal petitions and criminal revision petitions involving MPs or MLAs before a Special Bench within 10 days, after obtaining necessary approval of the Chief Justice on the administrative side.A division bench of Justice Suman Shyam and Justice Arun Dev Choudhury...

In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped

The Gauhati High Court on Monday (December 9) permitted a minor girl who was allegedly gang raped, to terminate her 26-week pregnancy, after noting that it would be in the girl's best interest. A division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund passed the order while hearing a Suo Moto writ petition registered on the basis of a news article published in the Times...