'Serious Concern': Gauhati High Court On Plea Against Lack Of Medical Assistance, Reconstructive Surgery Facility For Transgender Persons

The Gauhati High Court on Friday asked the Union Government and Assam Government to apprise it about the issue of failure to address the medical needs of the members of the Transgender community living in Assam, specifically, extending the facility of reconstructive surgery.The division bench of Justice Suman Shyam and Justice Mridul Kumar Kalita observed,“…we are of the view that the...

Voluntary Resignation Results In Forfeiture Of Past Service, Employee Not Entitled To Pension Benefits: Gauhati High Court

A single judge bench of the Gauhati High Court comprising of Justice Kardak Ete, while deciding writ petition held that an employee is not entitled to pensionary benefits if they submit a voluntary resignation, which results in the forfeiture of their past service. Background Facts The employee joined the Central Reserve Police Force (CRPF) as a Constable on August 6, 2000. He...

No Element Of Misstatement And Intention To Evade Payment Of Service Tax: Gauhati High Court Quashes Demand & Penalty

Finding that the Assessee company had provided every detail regarding availment of CENVAT Credit in the ST-3 Returns, and the same was considered by the Central Excise Commissioner, the Gauhati High Court held that the fact of wilful misstatement or suppression should specifically be mentioned in the show-cause notice. Since the Department had not misstated any fact with intent to...

Foreigner Tribunal Members Must Be Given Relevant Bare Acts, At Least Two Law Journals Reporting HC Orders: Gauhati High Court To State

The Gauhati High Court recently asked the Government of Assam to ensure that at least two law journals as well as the relevant Bare Acts are made available to the serving Members of the Foreigners Tribunals on a regular basis.The single-judge bench of Justice Suman Shyam observed:“There can be no denial of the fact that the learned Members of Foreigners Tribunals are constantly required...

Non-Compliance With S.26(1) Of Competition Act: Gauhati HC Sets Aside Rs 5 Lakh Penalty Imposed On Star Cement Ltd By CCI

The Gauhati High Court recently set aside an order passed by the Competition Commission of India by which it imposed a penalty of Rs. 5 Lakhs on Star Cement Ltd. under Section 43 of the Competition Act, 2002 for non-compliance with the order of its Director General.The single judge bench of Justice Kaushik Goswami further quashed the proceedings against Star Cement Ltd. (petitioner) and...

Gauhati HC Reinstates Assam Police Constable Removed From Service Without Hearing Based On Enquiry Report Alleging Unauthorised Leave

The Gauhati High Court recently set aside an order of removal from service of a Constable of Assam Police on the allegation of unauthorised leave or overstay in leave, on the ground that the disciplinary authority acted on the enquiry report without giving a reasonable opportunity to the said constable to submit his reply on the said report. The single-judge bench of Justice Sanjay Kumar...

Absence Of Clear Guidelines For Recruitment Documents, Gauhati High Court Directs Appointment Of Applicant

A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding a writ petition held that in the absence of clear and proper guidelines for recruitment documents, an applicant cannot be denied appointment to the job post. Background Facts An advertisement was published on 24th June 2020 for filling 344 posts of Junior Engineer (Civil) under...

Gauhati High Court Criticises Assam Government For Delay In Notifying Draft Child Protection Policy And Rules

The Gauhati High Court on Thursday expressed its displeasure about the delay in notifying Draft Rules and the Draft Child Protection Policy by the Assam Government.The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury observed:“The delay in notifying the Draft Rules as well as the Draft Child Protection Policy discloses that the State Government or its...

Fair Trial Includes Fair Opportunity For Both Sides: Gauhati HC Sets Aside Trial Court Order Closing Evidence Of Party For Not 'Taking Steps'

The Gauhati High Court recently set aside the orders passed by a Civil Court by which it had closed the evidence of the plaintiff's side for not taking any steps, on the ground that a fair trial includes affording a fair opportunity to both the parties to prove their respective cases.The single-judge bench of Justice Robin Phukan observed:“It is well settled that right to fair trial is a...

[S.4 POCSO Act] Guilt Can Be Established Based On Victim's Uncorroborated Statement Provided It Is Cogent & Relevant: Gauhati HC

The Gauhati High Court recently upheld a conviction passed by the Trial Court under Section 4 of the POCSO Act, by observing that in case of a sexual offence, the finding of guilt can be recorded even on the basis of an uncorroborated statement of the victim provided the same is cogent and relevant. The single-judge bench of Justice Malasri Nandi noted:“The trial court found the...

High Court Calls For Reports From Neighbouring States Over Measures Taken To Remove Illegal Encroachments In Reserve Forests Near Assam's Borders

The Gauhati High Court recently directed the States of Mizoram, Nagaland and Arunachal Pradesh to file affidavits regarding the measures carried out by them to remove the illegal encroachments in the reserve forest land situated in the inter-state border of these States with the State of Assam. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam passed...

Purchaser Can't Be Punished For Failure Of Seller To Deposit Tax: Gauhati High Court

The Gauhati High Court has held that a purchasing dealer cannot be punished for the act of the selling dealer in case the selling dealer had failed to deposit the tax collected by it.The bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam has observed that the Department is precluded from invoking Section 9(2)(g) of the DVAT to deny ITC to a purchasing dealer who has bona fide...