Gauhati High Court Gives 'Last Opportunity' To GMC To Provide Details Of Service Provider Entrusted With Building & Maintaining 'Vending Zones'

The Gauhati High Court on Friday granted the last opportunity to Guwahati Municipal Corporation to apprise it of the details of the Service Provider which was engaged in developing and maintaining the vending zones and also to provide the details of works that have been done by the said service provider. A division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair...

Part-Time Contractual Employees Are Entitled For Maternity Benefits Even If Terms Of Appointment State Otherwise: Gauhati High Court

The Gauhati High Court on Tuesday (September 10) disposed of a 2015 writ petition by setting aside with the communications informing the petitioners that maternity leave benefits are available only to regular employees of Kendriya Vidyalaya Sangathan (KVS).Background factsThe petitioner in the matter was a part-time contract teacher in Kendriya Vidyalaya from 29.06.2012 to 04.03.2015 with...

Gauhati High Court Calls For Equal Opportunity Of Promotion For Inspectors Of Armed And Unarmed Branch Of Mizoram Police

The Gauhati High Court recently held that proviso to Rule 6(1) of the Mizoram Police Service Rules, 2008, shall be interpreted in a manner which provides equal opportunity of promotion to the Inspectors of the Armed Branch as well as Un-armed Branch of the Mizoram Police. The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed:“It is a salutory principle of law...

Gauhati High Court Issues Notice To State On Plea Alleging Custodial Death Of Prime Accused In 14-Yr-Old Girl's Gang Rape

The Gauhati High Court on Monday issued notice to the Assam Government and Police authorities in a plea on the custodial death of the prime accused in the gang rape of a fourteen-year-old girl in Nagaon, who allegedly drowned in a pond when he tried to flee from police custody. The division bench of Justice Manash Ranjan Pathak and Justice Soumitra Saikia issued the said notice while hearing...

Gauhati HC Halts 'Unjustified' Transfer Of Asst Excise Inspectors, Says Such Frequent Transfer Orders Cannot Be Endorsed In Interest Of Justice

The Gauhati High Court recently interfered and set aside the frequent transfer order of three Assistant Excise Inspectors on the ground that the reasons cited in the transfer orders are not justified. The single-judge bench of Justice Sanjay Kumar Medhi observed:“…Though there is no manner of doubt that the posts involved are transferable which may be done in the public interest and...

Gauhati High Court Urges State Govt To Notify Draft Child Protection Policy & Rules, Flags Issues Being Faced By Juvenile Justice Boards

The Gauhati High Court recently exhibited its hope and trust in the Assam Government to take immediate steps to notify the Draft State Child Protection Policy as well as the Rules. The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further directed the State Government to take steps for the redressal of the various issues and challenges faced by the Juvenile...

Gauhati HC Sets Aside NDPS Conviction, Cites Irreconcilable Contradictions In Prosecution Evidence, Failure To Follow Mandatory Procedure

The Gauhati High Court on Monday set aside a judgment and order passed by a Trial Court by which it convicted and sentenced a person under Section 21(c) of the NDPS Act, on the ground that there are irreconcilable contradictions in the evidence of the prosecution and lapses in not following the mandatory procedural requirements.The single judge bench of Justice Mridul Kumar Kalita was hearing...

30-40 Yrs Old Trees Cut! Gauhati High Court Seeks Mizoram Govt's Response On Steps To Curb Menace Of Tree Felling

The Gauhati High Court recently directed the Mizoram government to apprise it about the measures taken or proposed to be taken by it for curbing the menace of felling of trees in Aizawl as well as in other villages of the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma observed,“…the felling of trees in Aizawl as well as villages such as Ailawng...

“Assessee Entitled To Hearing If Pre-Deposit Is Made”: Gauhati High Court Grants Fresh Hearing

The Gauhati High Court while granting a fresh hearing to the assessee stated that the benefit of hearing has to be given to the assessee as the statutory deposit has already been made by the assessee. The Bench of Justice Arun Dev Choudhury observed that “This court though cannot find fault with the appellate authority in non-entertaining the appeal due to non-compliance of...

Mizoram Govt Not Taking Effective Steps To Improve Prison Conditions Despite Availability Of Funds: Gauhati High Court

The Gauhati High Court recently granted four weeks to the State of Mizoram to clarify its position regarding the scheduled start and completion of work for improving the conditions of prisons in the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed,“We expect that the State Government shall come with a concrete proposal...

Gauhati High Court Tells Mizoram Govt To Set Up State Human Rights Commission In Two Months Or Face Contempt

The Gauhati High Court recently provided last opportunity of two months to the State of Mizoram to establish State Human Rights Commission.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed:“It is to be noticed that the sanction of posts is only on paper and till date, the State Human Rights Commission has not been constituted....

High Court Appoints Advocate Commissioner To Inspect "Artificial Floods" In Assam District Due To Illegal Constructions Blocking Drains

The Gauhati High Court on Friday appointed Advocate Anjan Kalita as Commissioner for a fact finding enquiry into the allegation of creation of artificial floods in the Southern Kamrup district of Assam. The division bench of Justice Suman Shyam and Justice Mridul Kumar Kalita was hearing a PIL which alleges that a few industrialists and real estate dealers acting in collusion and with the...