Gauhati High Court
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...
Gauhati High Court Directs Haj Committee To Decide Issue Of Excess Fare Charged From Pilgrims Within 90 Days
The Gauhati High Court recently directed the Central Haj Committee of India to dispose of the representations regarding excess airfare charged from Haj pilgrims of Assam, strictly in the light of the provisions contain in Section 42 of the Haj Committee Act, 2002, within 90 days. The single bench comprising Justice Soumitra Saikia was hearing a writ petition filed by 91 Haj pilgrims of...
Summary Of SCN In GST DRC-01 Cannot Substitute Requirement For Issuance Of SCN U/S 73(1) Of CSGT Act: Gauhati High Court
The Gauhati High Court stated that issuance of summary of Show Cause Notice in GST DRC-01 cannot substitute requirement for issuance of show cause notice under section 73(1) of CSGT Act. The Bench of Justice Manish Choudhury observed that “…….the issuance of the Summary of the Show Cause Notice, Summary of the Statement and Summary of the Order do not dispense with the...
Notice U/S 148A(b) Flagging Bogus Transactions Cannot Be Faulted For Merely Mentioning Sale Entry As That Of Purchase: Gauhati HC
The Gauhati High Court has dismissed a challenge to an order under Section 148A(d) of the Income Tax Act, 1961, deeming the Petitioners' case fit for issuance of notice for escapement of income assessment under Section 148. In doing so, it held that the order cannot be faulted merely because the alleged bogus transactions, whose existence the Petitioners (X and Y) did not deny in...
Cancellation Of Promotion & Reversion Of Employee's Position Without Providing Show Cause Notice Is Unsustainable : Guwahati High Court
A single judge bench of the Guwahati High Court comprising of Justice Suman Shyam, while deciding a writ petition held that the cancellation of a promotion and reversion of an employee's position without providing a show cause notice or an opportunity to be heard is unsustainable and arbitrary. Background facts The petitioner was an employee of Sivasagar Municipal Board (SMB) and...
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...