HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on Arvind Kejriwal; Manu Bhaker Interview row; DHFL Bank Fraud case; and more
Take a quick glance at what the High Courts were discussing in this late Monsoon season
Gauhati High Court
‘Will impose heavy cost, initiate contempt proceedings’; Gauhati HC grants last two months opportunity to State of Mizoram to set up State Human Rights Commission
The present petition is pending since 2021, and the Court observed that the State Government is not willing to set up State Human Rights Commission in State of Mizoram.
Effort shall be made by authorities to address grievance of Transgender Community members in respect to their medical needs: Gauhati HC
Petitioner stated that due lack of proper guidelines and clear instructions, neither the Central Government nor the State Government of Assam is coming forward with any concrete step to redress the grievance of the transgender community.
‘Resignation can be accepted only when it is clear, unambiguous, unequivocal, and not conditional’; Gauhati HC upholds employee’s voluntary resignation
It appears that petitioner has retyped his resignation letter by way of improvement as the original letter titled as ‘Regarding Resignation from Service’ submitted to respondent is hand-written, with different sentence and meaning.
Know Thy Newly Appointed Supreme Court Judge | Justice Nongmeikapam Kotiswar Singh
Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
Know Thy Judge | Supreme Court of India: Justice Ujjal Bhuyan
On 05-07-2023, the Supreme Court Collegium had recommended the appointment of Justice Ujjal Bhuyan, Chief Justice, High Court for the State of Telangana to the Supreme Court of India. Upon acceptance of the recommendation by the Law Ministry, Justice Bhuyan took oath as Supreme Court Judge on 14-07-2023.
‘Departments not serious in solving water logging problem’; Gauhati HC imposes Rs 1000 cost and grants one more opportunity to file response
On 03-06-2024, the petitioner, North East Eco Development Society raised a serious issue regarding water logging in the city of Guwahati, which has persisted for a long time.
Gauhati HC holds bar to remarriage not applicable in case of delay in filing appeal against divorce decree
Gauhati High Court holds statutory bar to remarry u/s 15 HMA cannot be extended by filing application seeking condonation of delay to challenge the divorce decree.
No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court
There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.
‘Principal Auditor General shall decide Audit Objections expeditiously’; Gauhati HC disposes of PIL against officials allegedly involved in misappropriation of funds under Assam Sarba Siksha Abhiyan Mission
Out of the 43 Audit Objections, 23 Audit Objections have already been dropped after getting satisfactory clarification/reply from the authority concerned and the rest are soon to be dealt with.
[Assam Victim Compensation Scheme] Gauhati HC directs Chief Secretary of Assam to file affidavit stating the reason for not making required amount available for disbursement of compensation
On the demand of around Rs. 44 Crores, only Rs. 9 Crores was provided to Assam State Legal Services Authority by the Finance Department and the Law Department of the State, for providing compensation to the victims.
President appoints 2 Permanent Judges for Gauhati High Court and 1 Additional Judge for J&K and Ladakh High Court
The Judges were appointed by the President of India in exercise of the power conferred by Article 217(1) and Article 224(1) of the Constitution respectively.
HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on Liquor Policy Scam; False article on Anant Ambani Interview; Reservation for Disabled Persons; Organ donation; and more
A quick legal roundup to cover important stories from all High Courts this week.
[Section 125 CrPC] Able bodied husband who can support himself is obligated to support his wife: Gauhati High Court
A fascicular reading of Sections 125(1) and 125(4) of the Criminal Procedure Code, 1973 clearly demonstrates that if husband wilfully and intentionally neglects to provide maintenance to his wife then she can approach before the court seeking maintenance.
Confessional statement, not signed or proved by the Magistrate who recorded it, cannot be treated as true u/s 164 CrPC: Gauhati High Court
The Gauhati High Court noted that after completion of the investigation, the petitioner was not examined under Section 313 of the Criminal Procedure Code, 1973, to enable him to personally explain circumstances appearing in the evidence against him, nor was his statement recorded.
Gauhati High Court directs State to specify steps taken to deal with water logging problem in Guwahati
The Court opined that the water logging issue is directly related to the public, but the authorities concerned did not address it properly.
‘Accident took place due to driver’s negligence’; Gauhati HC sets aside order directing Railways to pay compensation
Section 161 of the Railways Act, 1989 makes it compulsory for the drivers of every vehicle crossing an unmanned level crossing, to stop and to observe whether any train is coming, before crossing the level crossing, but in the present case, the driver failed to do so.
Long term capital gains exempted from income tax; non-disclosure will not cause prejudice to interest of revenue or loss of revenue: Gauhati HC
The twin conditions, i.e., firstly, the order being erroneous and secondly, the order being prejudicial to the interest of revenue, must exist before power under Section 263 of the Income Tax Act, 1961 is exercised.
[Rinima Begum Murder Case] ‘Order suffered from serious infirmities resulting in miscarriage of justice’; Gauhati HC cancels bail granted to two men
The Court stated that the order granting bail is passed in contravention to the well-established jurisprudence of bail, as Respondents 2 and 3, who were involved in heinous crimes, their release will result in weakening of prosecution case and will also have an adverse impact on the society.
Gauhati High Court directs State to reconsider experience as homeguards/ Special Police Officers for constables recruitment under Assam Industrial Security Force
The High Court directed the State to follow a uniform marks allocation process for the appointment of constables under AISF and reconsider the case of candidates having prior experience as home guards and SPOs.