Thorough Enquiry Is A “Condition Precedent” Before Declaring Any Monument As 'Ancient': Gauhati High Court

The Gauhati High Court on Tuesday (December 03), in a writ appeal, quashed a declaration issued by the District Magistrate, Kamrup (M) in 2005, declaring the Christian Cemetery located on Dag No.183 of Sahar Guwahati Part-VII as Heritage site on the ground that the impugned declaration was neither issued by the authority conferred under the Assam Ancient Monuments and Records Act, 1959, nor...

Human Rights Commission Constituted, Building Allotment And Appointment Process Underway: Mizoram Govt Tells High Court

The Mizoram government on Wednesday (November 27) informed the Gauhati High Court at Aizawl that it has constituted the State Human Rights Commission under the provisions of Section 21(4) and (1) of the Protection of Human Rights Act, 1993 with its Headquarters at Aizawl.The division bench of Justice Nelson Sailo and Justice Marli Vankung was further informed by the State Government that...

Gauhati High Court Directs Nagaland Govt To Inform On Availability of Blood Banks, Blood Storage Units In All 17 Districts

The Kohima bench of the Gauhati High Court recently directed the Nagaland Government to apprise about the status of existence or the availability of Blood Banks as well as Blood Storage Units in all the 17 districts of the State. In doing so the court observed that the issue was of substantial importance to the citizens particularly to those residing in rural areas and not having access...

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court

The Gauhati High Court at Aizwal recently set aside the judgment and sentence order passed by a Trial Court under Section 4 of the POCSO Act, on the ground the charge was framed without specifying the charge to be under 4(1) or 4(2) of the POCSO Act and the Trial Court did not put any preliminary questions to the victim child, before recording her evidence.The division bench comprising...

DRT May Entertain Plea Against Measures To Recover Secured Debts Beyond Limitation If Satisfied With The Reasons: Gauhati High Court

The Gauhati High Court has recently held that the Debt Recovery Tribunal has to dispose of an application under SARFAESI Act made against measures to recover secured debts by any person in accordance with Section 24 of the Recovery of Debts and Bankruptcy Act which applies the provisions of the Limitation Act to tribunal proceedings.For context, Section 24 of the RDB Act states that...

Income Tax Return Is Different From Average Annual Financial Turnover Document: Gauhati High Court Explains

The Gauhati High Court has held that the words “Turnover” and “Income Tax Return” are different and exemption to a bidder from submitting the former in a tender process would not exempt it from furnishing the ITR, for the prescribed years. “The primary purpose of reporting Annual Turnover is to provide a clear picture of a company's revenue-generating capacity. It is...

Dismissal from Service Automatically Forfeits Leave Benefits; No Express Denial Required: Gauhati HC

Gauhati High Court: A Division Bench of Chief Justice Justice & Justice N. Unni Krishnan Nair of the Gauhati High Court overturned the Central Administrative Tribunal's order directing Railways to release leave encashment benefits to a dismissed employee. The Court held that dismissal from service automatically results in forfeiture of past service under Rule 40 of Railway...

'Sorry State Of Affairs': Gauhati HC Laments 'Casual' Approach Of State In Plea Challenging Construction Of Amusement Park At Silchar

The Gauhati High Court recently pulled up Assam Government for filing an affidavit in a very casual manner, in an ongoing PIL filed by several persons being aggrieved with the decision of the Silchar Municipal Board allowing the private respondent Assam Progressive Developers Limited to set up an amusement park in the Gandhibag Park.The division bench comprising the Chief Justice Vijay...

Candidates Eligible For Promotion Under 4% Reservation For Benchmark Disability Should Be Considered Under Said Quota: Gauhati High Court

The Gauhati High Court recently directed the State Authorities to consider the cases of two Junior Engineers (Civil) for promotion to the post of Assistant Engineer (Civil) against the 4 percent quota reserved for Persons with Disabilities in terms of the provisions of the Rights of Persons with Disabilities Act, 2016.The Single Judge Bench comprising Justice Kardak Ete observed:“The...

Case Cannot Be Referred To Lok Adalat Without Giving Opportunity Of Hearing To All Parties To Dispute: Gauhati High Court

The Gauhati High Court at Aizawl on Thursday (November 14) set aside an Award passed by a Lok Adalat under Section 19 of the Legal Services Authority Act on the ground that the petitioner was not a party in the original civil suit and hence, she was not given an opportunity of being heard in the matter before referring the case to Lok Adalat.The Single Judge Bench of Justice Marli...

Gauhati High Court Closes PIL On Heritage Tree Felling In Assam's Dighalipukhuri After Govt Decides On Realignment Of Flyover

The Gauhati High Court on Wednesday (November 13) closed a Public Interest Litigation raising grievance that construction of two arms, connecting the under construction elevated road on GNB Road, would require the old trees aged about hundred years or more in and around Dighalipukhuri pond to be felled down.The division bench of the Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan...

'Last Seen Theory' Not Independently Sufficient To Convict For Murder: Gauhati HC Acquits Man Allegedly Last Seen By Witnesses With Deceased

The Gauhati High Court on Tuesday (November 13) acquitted a man convicted of murder on the ground of "last seen theory", while holding that theory does not apply in the present case and is also not independently sufficient to sustain conviction.It also said that without there being other supporting materials of credence, extra-judicial confession also cannot be the basis of a...