Undue Delay In Completion Of Trial, Eligible For Bail Due To Prolonged Incarceration: Gauhati HC Releases Man Accused Of Possessing Methamphetamine

The Gauhati High Court on Wednesday granted bail to a man accused of possessing a commercial quantity of methamphetamine tablets individually, on the ground that there is a delay in the completion of the trial and he has been detained for more than 3 years and 8 months. The single-judge bench of Justice Mridul Kumar Kalita observed: “…..this Court comes to the finding that...

Motor Accident | Gauhati High Court Pulls Claimant For Concealing Compensation For Vehicle Loss Received From Own Insurer, Imposes Cost

The Gauhati High Court recently set aside an Award granted by Motor Accident Claims Tribunal to a Ford Eco Sport owner, on finding that the claimant had concealed that he received compensation from his own insurer for loss of vehicle.The claim was made for damage of the vehicle and not for any injuries sustained by any person. Claimant had received compensation from its insurer TATA AIG. He...

Gauhati High Court Pulls Up State Govt For Non-Response On Plea Flagging Waterlogging Issue In Guwahati City, Imposes 1K Cost

The Gauhati High Court on Wednesday pulled up the Assam Government and concerned departments for not filing a response to a Public Interest Litigation (PIL) raising the issue of water logging in the city of Guwahati. The division bench of the Chief Justice Vijay Bishnoi and Justice Kardak Ete observed:“As noticed on 03.06.2024, the petitioner has raised Gauhati High Court serious...

Kamakhya Temple Corridor Construction Won't Commence Without Clearance From IIT Gauhati: Assam Govt Tells High Court

The Assam Government recently informed the Gauhati High Court that no construction will start in the proposed 'Maa Kamakhya Temple Access Corridor' until due clearance is received from IIT Guwahati as well as other relevant agencies.The single judge bench of Justice Soumitra Saikia was hearing a writ petition filed by one of the members of the four Bordeori/Borpujari families who are...

Panel Of Arbitrator Proposed By Railways Would Have Certain Relationship With Railways, Violates 7th Schedule: Gauhati High Court

The Gauhati High Court bench of Justice Kalyan Rai Surana has held that the panel of arbitrators of Railways would have a certain amount of relationship with the Railways and therefore, they would be covered by the 7th schedule of the Arbitration and Conciliation Act, 1996. The 7th Schedule of the Arbitration and Conciliation Act, 1996, lists the categories of persons who are...

Arbitral Tribunal With Serving/Retired Railway Officers Violates Section 12(5) Of Arbitration Act: Gauhati High Court

The Gauhati High Court bench of Justice Michael Zothankhuma has held that Railways cannot constitute an Arbitral Tribunal consisting of serving/retired Railway Officers, as it was not in consonance with Section 12(5) and 7th Schedule of the Arbitration and Conciliation Act, 1996. Section 12(5) deals with the grounds of ineligibility of an individual to act as an arbitrator....

Not A Bona Fide Passenger: Gauhati High Court Denies Compensation Over Death Of Man Who Fell From Moving Train And Was Subsequently Run Over

The Gauhati High Court recently upheld a judgment of the Railway Claims Tribunal by which it denied compensation to the father of a deceased who fell down from a running train and was run over by the said train, on the ground that the aspect of the deceased being a bona fide passenger was not proved in accordance with law.The single-judge bench of Justice Sanjay Kumar Medhi noted:“An...

Gauhati HC Enhances Compensation Awarded To Wife Of Deceased Driver, Says Motor Accident Claims Tribunal Didn't Consider His Future Prospects, Monthly Income

The Gauhati High Court on Tuesday enhanced an award by Rs. 1,50,000/-, granted by a Motor Accident Claims Tribunal to the wife of a deceased driver on the ground that the Tribunal did not consider the future prospect and the monthly income of the deceased mentioned by the employer in the written statement. The single-judge bench of Justice Sanjay Kumar Medhi observed:“In the unorganized...

No Provision Mandating Assessee To Install All Capital Goods In Year Of Procurement Itself To Avail Cenvat Credit: Gauhati High Court

The Gauhati High Court has held that it is not mandatory for the assessee to install all capital goods in the year of procurement itself so as to avail CENVAT credit.The bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam has observed that as long as the CENVAT credit is availed during the period of exemption available under the Notification dated July 8, 1999, the claim of the...

No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court

The Gauhati High Court bench of Justice Michael Zothankhuma has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Real Estate (Regulation and Development) Act (RERA Act). The High Court held that there was there is no inherent conflict or repugnancy between the RERA Act and the Arbitration Act. It held...

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC

The Gauhati High Court on Wednesday dismissed an Interlocutory Application filed by a woman for condonation of 122 days of delay in preferring the matrimonial appeal which challenged an ex-parte divorce decree passed by the District Court, on the ground that the bar of Section 15 of the Hindu Marriage Act (remarriage) would not be applicable in the case and delay has not been...

Auditor General Will Decide: Gauhati High Court Disposes PIL Alleging Corruption, Misappropriation Of Funds In Assam Sarva Shiksha Abhiyan

The Gauhati High Court recently disposed of a PIL which prayed for high level enquiry alleging corruption and misappropriation of government funds allotted under the Assam Sarba Siksha Abhiyan Mission, by observing that the Principal Auditor General (Audit), Assam shall decide the concerned Audit Objections expeditiously.The division bench of Chief Justice Vijay Bishnoi and Justice Suman...