Illegal Coal Mining: Meghalaya High Court Says State Govt Consistently "Wards Off" PILs But Does Little To Crack Down On Unauthorized Operations

The Meghalaya High Court has once again expressed its dissatisfaction with the State government's insufficient efforts in tackling the issue of illegal coal mining and the transportation of coal to illicit coke plants.A bench comprising of Chief Justice Sanjib Banerjee along with Justices HS Thangkhiew and W Diengdoh observed, "The State’s consistent practice has been to ward off these...

Meghalaya High Court Imposes ₹10L Cost On PWD For Unnecessary Litigation, Says "Voluminous Tomes" Won't Dissuade Judges From Looking Deep

The Meghalaya High Court while upholding an arbitral award has ordered the Public Works Department (National Highway) to pay a contractor Rs. 10 lakh over and above the award amount, saying that PWD put the contractor through unnecessary litigation."This is a complete waste of time and a reckless exercise undertaken by an irresponsible appellant...It has become fashionable, particularly...

[Coal Supply Agreement] Meghalaya High Court Says Party In Breach Of Contract Liable To Compensate Only 'Actual Loss'

In relation to a contractual dispute arising out of a coal supply agreement, the Meghalaya High Court held that party in breach would be liable to compensate the other party only to the extent of the loss suffered by such other party, unless there is a genuine pre-estimate indicated by way of liquidated damages.The case involved a coal supply agreement between Coal India Limited, and...

16-Yr-Old Capable Of Making Conscious Decision About Sex: Meghalaya High Court Quashes POCSO Case Against Boyfriend

Quashing an FIR for offences under sections 3 & 4 of POCSO Act pertaining to penetrative sexual assault on a minor, the Meghalaya High Court has held that a 16-year-old is capable of making a conscious decision with regard to an act of sexual intercourse.A bench of Justice W. Diengdoh observed,"This Court looking into the physical and mental development of an adolescent of that age...

Meghalaya High Court Says Central Bonded Warehouse Has Prima Facie Prejudiced Distillers, Asks It To Verify Uniformity In Rates Charged

The Meghalaya High Court has directed the Central Bonded Warehouse (CBW), sole wholesaler for alcoholic beverage in the State, to inquire into allegations of biased practices and to ascertain whether it is charging differentially from different manufacturers and distillers or is making certain rebates and concessions selectively. The bench comprising Chief Justice Sanjib Banerjee and Justice...

Unless Indian Judges Get Serious, Trend Of False Affidavits And False Evidence May Render Judiciary Irrelevant: Meghalaya High Court

The Meghalaya High Court, while affirming the conviction of an accused in a rape case, said the trial court upon disbelieving the evidence of any person on cogent grounds, should also take steps for perjury. “Unless Indian judges get serious with litigants and witnesses, the present trend of false affidavits being filed and false evidence being given may one day render the...

Ensure Uninterrupted Power Supply To Hospitals: Meghalaya High Court To State

The Meghalaya High Court has directed the State government to ensure that hospitals and like institutions are exempted from power cuts."The most elementary thing that must be ensured is the uninterrupted supply of power to such places as power is essential in running machines for patients on life support and, possibly, supply of oxygen," a bench comprising Chief Justice Sanjib Banerjee...

Absence Of Witnesses Not Ground To Exonerate Accused In POCSO Case If Survivor's Testimony Reliable: Meghalaya High Court

The Meghalaya High Court has recently ruled that the absence of witnesses in sexual assault cases under the Protection of Children from Sexual Offences Act (POCSO Act) cannot be used as a justification to exonerate the accused in such cases, if survivor's testimony is reliable.A Bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh while dispelling the notion that...

Operators Of Illegal Coke Plants Mostly Based In Assam, Several Benami Transactions Also Detected: Meghalaya Police to High Court

In pursuance of the order directing it to find out the persons behind the setting up of illegal coke oven plants in Shailang Area of West Khasi Hills Districts, the police has told the Meghalaya High Court that the investigation has revealed that the operators are mostly based in Assam and raids have been conducted to arrest them.“That insofar as the actual owners/operators of the illegal...

Complicity Of State With Mafia Operating In Illegal Mining Of Coal & Its Transportation Is Clear And Obvious: Meghalaya High Court Raps Govt

The Meghalaya High Court has expressed deep concern over the laxity of the State in allowing tens of thousands of metric tonnes of coal to be cleared for export through land customs stations without verifying the source or origin of the coal. A bench comprising Chief Justice Sanjib Banerjee and Justice W. Diengdoh said:“Several letters issued to the State by Central agencies and by the...

Meghalaya High Court Asks State To Prohibit Exhibition Of Animal Carcasses By Meat Shops, Says It May Be Stored In Refrigerators Or Containers

The Meghalaya High Court has asked the state government to prohibit the display of animal carcasses at meat shops while giving the liberty to store them in refrigerators or containers or even in showcases within the premises but not open to public view from outside.A bench comprising Chief Justice Sanjib Banerjee and Justice W. Diengdoh passed these directions while hearing a Public...

'Shut The Stable Door After Horse Has Bolted': Meghalaya High Court Expresses Dissatisfaction At DGP's Affidavit In Illegal Coal Mining Case

The Meghalaya High Court has expressed dissatisfaction at the affidavit filed by the Director-General of Police (DGP) for their apparent inaction and failure to check illegal coal mining operations and transportation in the State.Expressing dissatisfaction with the lack of action taken regarding the numerous instances of flagrant breach of subsisting orders highlighted in Justice Katakey's...