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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.
A quick legal roundup to cover important stories from all High Courts this week.
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.
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.
The Court opined that the water logging issue is directly related to the public, but the authorities concerned did not address it properly.
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.
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.
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.
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.
“The fees levied by courts should not exceed the cost of administration of justice. The levy of fee by courts for grant of probate without an upper limit is a discriminatory class legislation without any rational nexus or reasonable differentia.”
Recommendations were made regarding the appointment of 2 Additional Judges of Gauhati High Court as Permanent Judges and extension of term of Additional Judge of Jammu & Kashmir and Ladakh High Court.
A quick legal roundup to cover important stories from all High Courts this week.
Though the State Public Health Laboratory; College of Fisheries; Gauhati University; Nagaon College; and Dibrugarh University had found chemical formaldehyde in fishes, the Fishery Department in its survey found all the samples to be negative.
A quick legal roundup to cover important stories from all High Courts this week.
For dealing with pollution of Bharalu River, three Sewage Treatment Plants are proposed to be constructed at different locations and Phases-I and II of the project are scheduled to be completed in the year 2030.
The version of the informant/victim must be considered with utmost care before discerning it. In fact, if the version of the informant/victim inspires confidence and appears to be trustworthy, credible, unblemished and of sterling quality, no further corroboration is required.
The inordinate delay in finalization of the agency for conducting social audit does not appear to be in public interest, therefore, the Government is granted liberty to explore alternatives for appointing persons for conducting social audit.
On 15-03-2024, the Chief Justice issued a Notification regarding adoption of Practice Directions for Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act in Gauhati High Court and the Outlying Benches.
Justice Vijay Bishnoi, known for his commitment to upholding constitutional principles and ensuring procedural fairness, took oath of office as Chief Justice of Gauhati High Court on 05-02-2024.
The High Court opined that it cannot venture into interpreting the scope of Gauhati High Court Rules and BCI Rules vis-à-vis dress code for advocates in the absence of necessary parties.