[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...

Centre Notifies Appointment Of Two Additional Judges Of Gauhati High Court As Permanent Judges

The Central Government today notified appointment of two Additional Judges of the Gauhati High Court as the Permanent Judges.The following two Judges have been appointed as Permanent Judges: Justice Susmita Phukan KhaundJustice Mitali Thakuria “In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint...

Assam Victim Compensation Scheme: High Court Seeks Chief Secretary's Statement On Why Adequate Funds Not Made Available

The Gauhati High Court on Monday directed the Assam govt's Chief Secretary to apprise it as to why required money has not been made available for disbursement of compensation to the victims under the Assam Victim Compensation Scheme and the steps proposed to be taken to release the amount at the earliest.The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a...

Duty Of Courts To Examine And Reject Time Barred Claims To Prevent Parties From Being Drawn Into Costly Arbitration Processes: Gauhati High Court

The Gauhati High Court bench of Justice Michael Zothankhuma has held that it is the duty of courts to examine and reject time-barred claims to prevent parties from being trapped in protracted and costly arbitration processes. Brief Facts: The Petitioner approached the Gauhati High Court (“High Court”) and filed an application Section 11(6) of the Arbitration and Conciliation...

Gauhati High Court Directs Assam Govt To Apprise It Of Steps Taken To Deal With Problem Of Water-Logging In Gauhati City

The Gauhati High Court on Monday asked the Assam Government to apprise it within 10 days, about the steps that have been taken by the State to deal with the problem of water logging in the Guwahati city.The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL raising the issue regarding the water logging in Guwahati City during the monsoon season.The...

Able-Bodied Husband Who Can Support Himself Is Bound To Support Wife; Not Having A Job/ Business No Excuse: Gauhati HC

The Gauhati High Court has recently observed that if the husband is healthy, able-bodied and in a position to support himself, he is under the legal obligation to support his wife. A bench of Justice Malsari Nandi added that the husband's plea that he does not have the means to pay because he does not have a suitable job or business is a “bald” excuse that is not acceptable...

Confessional Statement Not Signed Or Proved By Magistrate Who Purportedly Recorded It Can't Be Treated As True U/S 164 CrPC: Gauhati High Court

The Gauhati High Court at Kohima recently set aside a rape and murder conviction on the ground that the trial court convicted and sentenced the accused to undergo life imprisonment solely basing on the unsigned and unproved confessional statement.The division bench of Justice Sanjay Kumar Medhi and Justice Budi Habung observed,"The document which has not been signed or proved by...

Gauhati High Court Dismisses Plea Challenging 2015 APSC Recruitment For Lecturers In Nursing Colleges

The Gauhati High Court recently dismissed a writ petition challenging the recruitment process initiated in the year 2015 by the Assam Public Service Commission (APSC) for different posts of Lecturers in the Nursing Colleges of Assam, on the ground that said grounds of challenge structured is both legally and factually untenable. The single judge bench of Justice Sanjay Kumar Medhi...

Gauhati High Court Sets Aside Order Directing Railways To Pay Compensation For Death Of Man While Crossing Unmanned Railway Crossing, Cites Driver's Negligence

The Gauhati High Court on Tuesday set aside the judgment of a Motor Accident Claims Tribunal which directed the NF Railways to pay a compensation of Rs. 4 Lakhs to the representatives of a deceased person who died in an accident where his vehicle was hit by a train while trying to cross one unmanned Railway crossing, on the ground that the accident happened due to the negligence of the driver...

Gauhati High Court Sets Aside Conviction Of Accused For Allegedly Murdering Wife, Says Evidence Didn't Point Towards Hypothesis Of Guilt

The Gauhati High Court recently set aside the conviction of an accused, who was convicted under Section 302 of IPC by the Trial Court for the murder of his wife, on the ground that the prosecution was unable to lead evidence which had unerringly pointed towards the guilt of the said accused.The division bench comprising Justice Manish Choudhury and Justice Robin Phukan...

Long-Term Capital Gains Exempted From Income Tax, Non-Disclosure Doesn't Amount To Loss Of Revenue: Gauhati High Court

The Gauhati High Court has held that the long-term capital gains are exempt from income tax, and the non-disclosure while computing the long-term capital gains cannot result in causing prejudice to the department.The bench of Justice Kaushik Goswami has observed that the Principal Commissioner of Income Tax has initiated the proceedings simply on the basis of the proposal of the...