Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence

The Meghalaya High Court has observed that even with a delay of one year in commencing trial under the Protection of Children from Sexual Offences Act, 2012 (POCSO), while deciding on bail, the gravity of the offence needs to be taken into considerationThe accused/petitioner was arrested in relation to a POCSO case and a chargesheet was filed against him in June 2023. The Trial before the...

Resolution Applicant Not Bound To Pay Past Dues When No Claim Is Made, Even If Electricity Dues Are Statutory In Character: Meghalaya High Court

The Meghalaya High Court has held that a State authority cannot compel a successful resolution applicant under Insolvency and Bankruptcy Code, 2016 (I&B Code) to pay past electricity dues, if the State authority has not made any claim in respect of its dues under approved resolution plan.The Petitioner-Company, Reliance Infratel was admitted to insolvency and a resolution plan was...

In A Sacred Relationship Husband Is Property Of Wife & Vice-Versa: Meghalaya HC Modifies Conviction Of Husband Accused Of Killing Wife's Paramour

The Court also stated that betrayal in a sacred relationship may lead to such incidents and that by killing the man whom he found his wife with in a compromising position, the accused had 'safeguarded his right over his wife.'

Right Of Appeal Relating To Value Of Service Maintainable Before Supreme Court: Meghalaya High Court

The Meghalaya High Court has held that the right of appeal relating to the value of service is maintainable before the Supreme Court.The bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh has observed that there is an appellate remedy available to the appellant or to the aggrieved party in terms of Section 35G of the Central Excise Act, 1944; the issue pertaining to the value...

Disciplined Force Employees Not Entitled Overstay Over Leave Period Without Reasons: Meghalaya High Court

A single judge bench of the Meghalaya High Court comprising of Justice S. Vaidyanathan, Chief Justice, while deciding Writ Petition in the case of Shri Ashwin Patti vs. Union of India, held that employees of the disciplined forces are not eligible for any relief if they exceed their leave period without providing adequate justification. Background Facts Ashwin Patti (Petitioner)...

Estoppel Against Challenging The Nature Of Employment Once It Duly Accepted: Meghalaya High Court

A single judge bench of the Meghalaya High Court comprising of Justice H.S. Thangkhiew while deciding a Writ Petition in the case of Gurdeep Singh & Ors vs UOI & Ors has held that there is an estoppel against challenging the nature of employment once the employee has duly accepted the same Background Facts A total of 14 Petitioners were part-time cleaners and sweepers...

'Both Victim & Accused Had Lust & Infatuation': Meghalaya HC Upholds POCSO Conviction, Says Male Partner Made Scapegoat

While upholding the conviction of a Man under Section 4 of the Protection of Children from Sexual Offences Act, 2012, the Meghalaya High Court recently observed that while at a young age, both (victim and accused) had lust and infatuation, only the accused was made a scapegoat. Noting that "there is no provision under the POCSO Act to pardon a person who has committed the offence out...

Mandate Of The Arbitral Tribunal Can Only Be Extended By The High Court If The Tribunal Was Constituted Pursuant To Directions Under Section 11(6) Of The A&C Act: Meghalaya High Court

The Bench of Justice H.S. Thangkhiew of Meghalaya High Court has held that the mandate of the arbitral tribunal can only be extended by the High Court under Section 29A of the A&C Act if the tribunal was constituted pursuant to the directions issued by the Court under Section 11(6) of the Act.The Court held that though the Court may have directed the nominee arbitrators of the parties...

Principal Civil Courts Can Extend Or Substitute Mandate Of Arbitrator If Not Originally Appointed By High Court Or Supreme Court: Meghalaya High Court

The Meghalaya High Court single judge bench of Justice H. S. Thangkhiew held that Principal Civil Courts of original jurisdiction have the jurisdiction to extend or substitute the mandate of arbitrators under Section 29A of the A&C Act, 1996, only when the arbitrator was not appointed by the High Court or the Supreme Court. Brief Facts:An Arbitral Tribunal was established on March 13,...

Review Petition Has A Limited Purpose And Cannot Be Allowed To Be 'An Appeal In Disguise': Meghalaya High Court

The Meghalaya High Court, in a significant ruling, has dismissed a Review Petition, affirming the principle that a review application cannot function as an "appeal in disguise." The court underscored that the power of review is exclusively applicable in cases where there exists an error apparent on the face of the record and not merely based on an erroneous decision.The above ruling came in...

High Court Upholds Validity Of Meghalaya Teacher Eligibility Test (MTET) For Assistant Teacher Appointments

The Meghalaya High Court while affirming the mandatory requirement of the Meghalaya Teacher Eligibility Test (MTET) for individuals aspiring to secure Assistant Teacher positions, has dismissed an application seeking relaxation in the criteria for the recruitment of teachers in the state. The Court held that the appellants, despite being untainted candidates, were not entitled to any relief....

Medical Board's Opinion Will Prevail Even If Differing Opinions Are Given By Doctors: Meghalaya HC Dismisses Hearing-Impaired Applicant's Plea For Constable Post

The Meghalaya High Court has upheld the decision of the Medical Board and dismissed a plea by a man seeking appointment as Constable (GD) in CAPFs and Rifleman in Assam Rifles. The court emphasized the authority of the Medical Board's opinion regarding the petitioner's hearing impairment, stating that despite differing opinions from other doctors, the Medical Board's assessment takes...