‘No Doubt Local Officials Are Involved’: Meghalaya HC Full Bench Orders Deployment Of Central Armed Forces To Prevent Illegal Coal Mining

The Meghalaya High Court has taken a tough stand against the rampant illegal coal extraction and transportation within the State. While sounding the bell of caution for the probable outcomes of such unscientific mining, a Full Bench comprising Chief Justice Sanjib Banerjee, Justice H.S. Thangkhiew and Justice W. Diengdoh observed, “Without intending to sound apocalyptic or seeking...

[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC

The Meghalaya High Court on Tuesday observed that the statement of an alleged victim girl in a POSCO case has a telling effect with regard to the fate of the criminal case as the sole testimony of a reliable witness, more so, when alleged victim of sexual assault will persuade and convince the court as to whether a case has been made out or not as far as conviction is...

Can't Turn Blind Eye To Heinous Crime Of Rape On Victim's Change Of Heart: Meghalaya High Court Refuses To Quash POCSO Case

The Meghalaya High Court on Monday dismissed a petition under Section 482 of Cr.PC. praying for quashing and setting aside a FIR under section 376/506 IPC and Section 4 of the POCSO Act, 2012 on the ground that the parties have come to amicable settlement. The court held:“It may be true that after a change of heart or on extraneous circumstances, the petitioner No. 2 (victim)...

Meghalaya High Court Dismisses Saket Gokhale's Plea Seeking Action Against NPP For Violation Of Electoral Rules

Finding the maintainability of the writ petition filed by All India Trinamool Congress spokesperson Saket Gokhale to be barred by Article 329(b) of the Constitution, the Meghalaya High Court on Friday dismissed his plea seeking action against the National People's Party (NPP) for not filing its election expenditure report within 75 days of the conduct of the State Assembly Elections 2018.In...

Consensual Relationship Leading To Child Birth: Meghalaya High Court Quashes POCSO Case

The Meghalaya High Court has quashed proceedings under the POCSO Act on the ground that the victim was in an intimate and consensual relationship with the accused and both have agreed to stay together as husband and wife. While allowing the petition, Justice W. Diengdoh observed: “this is one such case where a young couple about to cross their years of adolescence have got...

‘State Of Anarchy Brought About By Govt’: Meghalaya High Court Raps State For Aiding Illegal Coal Mining, Unlicensed Plants

The Meghalaya High Court has pulled up the State Government for its inaction against illegal coke plants functioning in the state.While expressing severe disappointment, the Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said: “It is a matter of crying shame that despite orders of the Supreme Court, no less, a state of anarchy is brought about by the...

Transfer Application Of CAPF Personnel Can't Be Kept In Limbo Merely Because New Procedure Is Yet To Be Evolved: Meghalaya High Court

The Meghalaya High Court on Tuesday held that transfer application of a CAPF personnel shall not be kept in halt on the ground that earlier procedure has been kept in abeyance or a new procedure has not yet been evolved.The division bench comprising Justice Sanjib Banerjee, Chief Justice and Justice W. Diengdoh observed,"There is no doubt that a new body or a new procedure will be put...

[Assam Rifles] No Parity Between Combatised & Non-Combatised Personnel, Denial Of Ration Money Allowance To Latter Not Arbitrary: Meghalaya HC

Observing that there was no parity between non-combatised and combatised personnel in paramilitary force Assam Rifles on account of their nature of service, the Meghalaya High Court on Monday held that the principle of ‘Equal Pay for Equal Work’ had no application for the grant of ration money allowance to non-combatants posted in operational areas and the denial of the same cannot be...

Departmental Promotion Committee Not Convening Alone Not Special Circumstance To Confer Retrospective Promotions: Meghalaya High Court

The Meghalaya High Court on Monday held that retrospective promotions are permissible on the consideration of a special circumstance surrounding a particular case but non-sitting of "Departmental Promotion Committee” (DPC) is not a special circumstance to confer this career advancement retrospectively.The observation came from Justice H. S. Thangkhiew while hearing a plea in terms of...

Best Of 2022- Important Judgments From North East High Courts

As the end of year 2022 is nearing, LiveLaw brings to you a bunch of important Cases from the High Courts of Gauhati, Meghalaya, Tripura, Sikkim and Manipur. This roundup includes 180+ important orders and judgments.GAUHATI HIGH COURT "Benefit Of CAA Available": Gauhati HC Asks East-Pakistan Immigrant To Apply For Citizenship, Sets Aside Order Declaring Him 'Foreigner' Case title -...

'Unauthorized Coke Plants Matter Of Crying Shame': Meghalaya High Court Pulls Up State, Directs Strict Action

The Meghalaya High Court recently pulled up the State government over possible connivance for operation of unauthorized coke oven plants and illegal coal mining, despite several orders passed by the Supreme Court and the National Green Tribunal. The High Court was hearing a public interest litigation averring that there were more than sixty coke making units operating in the West...

High Court Stays Assam-Meghalaya Border Pact On Tribal Chiefs' Plea

The Meghalaya High Court last week put an interim stay on the execution of the Assam-Meghalaya border pact, which was entered into between the two States subsequent to the signing of a Memorandum of Understanding (MoU) dated 29.03.2022. The MoU was signed by Assam Chief Minister Himanta Biswa Sarma and his Meghalaya counterpart Conrad Sangma to resolve the long standing...