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...

Meghalaya High Court Urges AAI To Consider Starting Shillong-Bhopal Direct Flights As Judges Need To Attend National Judicial Academy

The Meghalaya High Court recently suggested that the Airports Authority of India (AAI) should consider establishing a direct flight between Shillong and Bhopal on Fridays and Sundays.The Court also recommended that, in the national interest, the AAI should ensure the availability of connecting flights (non-direct flights) to Bhopal from major cities or states like Chennai, Kerala,...

S. 313 CrPC | Procedure Adopted By Trial Court Must Be Such That It Could Be Understood By An Illiterate Person: Meghalaya HC

The Meghalaya High Court has recently noted that the procedure adopted by the trial court in discharging its duty towards the object of Section 313 of CrPC (Power to examine the accused) must be couched in a form which an ignorant or illiterate person may be able to appreciate and understand. A bench of Justice B. Bhattacharjee underscored that while recording an illiterate...

Justice H.S Thangkhiew Appointed As Acting Chief Justice Of Meghalaya High Court

The President of India has appointed Justice H.S Thangkhiew, senior-most Judge of the Meghalaya High Court as its Acting Chief Justice with effect from November 2, 2023 as the current Chief Justice Sanjib Banerjee retired today.The notification issued in this regard reads thus:"In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to...

Meghalaya High Court Asks State, AAI To Expeditiously Complete Inspection For Shillong Airport Expansion

Hearing a Public Interest litigation seeking to enhance Air connectivity in Meghalaya, the High Court has issued directives to the State Government and the Airports Authority of India (AAI) to expedite the inspection for expansion of Umroi Airport near Shillong.The bench comprising Chief Justice Sanjib Banerjee and Justice B. Bhattacharjee urged the authorities to complete the...

Liability U/S 23 POCSO Act Extends To Reporter, Contributor Of News Disclosing Minor's Identity: Meghalaya High Court

The Meghalaya High Court has recently clarified that Section 23 of the POCSO Act applies not only to publishers and owners of media outlets but also to reporters or contributors of news.Justice B. Bhattacharjee emphasised that the intention of the legislature behind the enactment of this provision is that the identity of a child should not be disclosed directly or indirectly. "Section 23 of...

Ensure No Garbage Pile Up In Jowai Till Waste Disposal Unit Is Commissioned: Meghalaya High Court

Stressing the importance of a robust waste management system in Jowai, the Meghalaya High Court has directed the state to ensure that there is no piling up of garbage or waste at any place in Jowai, till such time that the waste disposal unit is commissioned.The bench comprising Chief Justice Sanjib Banerjee and Justice W. Deingdoh observed,“Once the relevant unit becomes functional, the...

'Grandiose Plans But Very Little Improvement': Meghalaya High Court Asks State To Explore Innovative Solutions For Traffic Congestion In Shillong

The Meghalaya High Court expressed grave concern over the escalating traffic congestion in Shillong, observing that despite the State's ambitious plans, the situation on the ground remains dire. It thus urged the authorities to explore out-of-the-box solutions to alleviate the city's traffic congestion.A bench comprising Chief Justice Sanjib Banerjee and Justice W. Diengdoh added that...