Interviews Mostly Guided By Nepotism In India: Meghalaya HC Bats For Transparent Selection Processes

The Meghalaya High Court has voiced its concern over 'favouritism' and 'nepotism' affecting government's recruitment drives. While referring to Articles 14, 15 and 16 of the Constitution that guarantee equality and non-discrimination, Chief Justice Sanjib Banerjee observed,"Just as religion, race, caste, sex, descent, place of birth, residence are to be kept out of the consideration,...

Failed To Retain Clerical Post In 1989, Cannot Claim Benefits Now: Meghalaya High Court To Assam Rifles Jawan

The High Court of Meghalaya recently ruled that merely because a personnel of Assam Rifles occupied a clerical post for a few months, would not make him entitled to the benefits which people on such positions in the central armed force gained on account of a judgement passed on August 23 in 2012.The division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said: "Merely...

Prohibiting Villagers From Using Public Road Violates Fundamental Rights: Meghalaya HC On Village Durbar Resolution

The High Court of Meghalaya recently observed that a resolution prohibiting two senior citizens from using a village road for transportation of their produce violated their fundamental rights and is manifestly illegal, discriminatory and at the same time punitive in nature.The resolution was passed against the two men by Marwir Village Dorbar after they refused to give No Objection...

[27 Yrs Delay] Law Assists Those Who Are Vigilant With Their Rights & Not Those Who Sleep Thereupon: Meghalaya High Court

The Meghalaya High Court has reiterated that law assists only those who are vigilant with their rights and not those, who sleep thereupon.The observation came from Justice W. Diengdoh:"The maxim "Vigilantibus Non Dormientibus Jura Subveniunt" which means that the law assists those who are vigilant with their rights and not those that sleep thereupon is very much applicable to the case of...

Article 137 Of Limitation Act Applies To Application For Revocation Of Succession Certificate U/S 383 Indian Succession Act: Meghalaya High Court

The Meghalaya High Court recently observed that Article 137 of the Limitation Act applies to applications made under Section 383 of the Indian Succession Act which for revocation of a succession certificate.Justice H. S. Thangkhiew observed: "Article 137 of the Limitation Act, provides for 3(three) years as a period of limitation, on an application for which no period of limitation...

"Judge Ill-Equipped To Administer Justice": Meghalaya HC Slams District Council Court For Trying 'Mentally Unfit' Man For Triple Murder

The Meghalaya High Court recently expressed its displeasure over incompetency of District Council Court which have been authorised by the Governor to take up heinous offences involving tribals and attracting harsh punishment.A bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh remarked that the State would do well to consider the quality and ability of Judges manning District...

"To Cut Short Relationship At This Juncture Would Not Serve Course Of Justice": Meghalaya HC Quashes POCSO Charges Against Husband

The Meghalaya High Court has quashed charges under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') against a husband for having 'consensual' sexual relationship with his minor wife. A Single Bench of Justice W. Diengdoh observed, "Notwithstanding the fact that a proper criminal proceeding cannot be cut short without very strong and compelling circumstances...

POCSO Act Not Meant To Breakdown Happy Family Relationship: Meghalaya High Court Quashes Proceedings Against Minor's Partner

The Meghalaya High Court, while quashing a POCSO FIR against a minor's partner, reiterated that rigors of the Act may not be applied to break down a happy family relationship. Such cases must be decided by taking a sympathetic view towards the accused, who is in a consensual relationship with the minor, in the instant case almost 18 years of age.The observation came from Justice W. Diengdoh...

"Victim-Accused Living Happily As Wife-Husband": Allahabad High Court Quashes POCSO Case, Relies On Meghalaya HC's Ruling

The Allahabad High Court recently quashed an FIR and criminal proceedings in a POCSO case registered against a man as it noted that the accused man and victim-wife (who was a minor at the time of the incident) were 'happily' living with each other as husband and wife. The bench of Justice Gautam Chowdhary granted bail to one Gufran Shaikh who had been booked under Sections 363, 366, 376...