Appointment of 15 Additional Judges as permanent Judges of 5 High Courts
15 Additional Judges have been made permanent Judges in Gauhati High Court, Bombay High Court, Kerala High Court, Himachal Pradesh High Court and Calcutta High Court
Gauhati High Court
Supreme Court Collegium recommends appointment of 15 Permanent Judges for 5 High Courts
Collegium in its Resolution dated 12-07-2023 recommended names of 15 Judges who are to appointed Permanent Judges in their respective High Courts. 3 out of the 15 recommended names are women Judges.
Constitutional Courts to tread with caution while dealing with challenges to Orders of Specialised Tribunals: Meghalaya HC
The Constitutional Courts would not interfere with a view expressed on interpretation unless it appears to be grossly inappropriate and outlandish.
Gauhati HC directs the State of Assam to expediate the process of constituting a Transgender Welfare Board
The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.
Gauhati HC asks to be apprised of the steps taken by Assam Govt towards protection of Ahom dynasty era monuments from illegal encroachment
In the instant PIL where the central issue was regarding illegal mining in Digboi forest, the Court also took note of the fact that the illegal activities are also destroying heritage sites associated with Ahom dynasty.
HIGH COURT JUNE 2023 WEEKLY ROUNDUP| Stories on Jeeva murder case; Look out circulars; M3M India PMLA Case; Modi-Adani love affair remark case; Uttarakhand Communal Tensions and more
A quick legal roundup to cover important stories from all High Courts this week.
Procedure of post-investigation FIR is totally alien to the principles of criminal jurisprudence: Gauhati High Court
The Court made strict observations regarding conduct of the police officers of Bilasipara Police Station and directed the enquiry officers to expediate the investigations.
“Dog meat consumption is an ancient Naga custom”: Gauhati High Court sets aside ban on sale of dog meat
Consumption of dog meat is a regarded custom amongst the Nagas since times immemorial and the Food Safety and Standards Act, 2006 already provides for an appropriate authority to issue prohibition orders.
Gauhati High Court directs Department of School Education to take appropriate actions against schools violating Right to Education Act, 2009
The High Court was hearing a bunch of petitions highlighting the violation of Right of Children to Free and Compulsory Education Act, 2009 by certain schools.
Why Gauhati High Court refused to quash FIR filed against Youth Congress President, Srinivas B.V?
The Court was of the view that the petitioner’s utterances towards the victim and the allegations stated in the FIR, prima facie attract the penal provisions related to sexual harassment.
SC collegium recommends Justice Robin Phukan’s appointment as Gauhati HC’s permanent Judge; 3 Advocates, including 1 flagged by IB, for appointment as Bombay HC Judges
The two Supreme Court collegium resolutions were passed on 02-05-2023.
Gauhati High Court refuses to grant interim relief to Youth Congress President, Srinivas BV
The High Court’s order came in reference to the FIR filed by the President of Assam Youth Congress who has levelled allegations of mental harassment on Indian Youth Congress President, Srinivas BV.
Supreme Court affirms Gauhati HC’s reversal of Assam MLA Akhil Gogoi’s discharge in anti-CAA protest case but grants bail
The Supreme Court observed that this was not a case where Akhil Gogoi should be allowed to be detained in custody, especially after having secured an order of discharge, rightly or wrongly.”
“A class of its own in the category of frivolous cases”: Gauhati High Court berates counsels who signed Vakalatnama for non-existent petitioner
Gauhati High Court was faced with a peculiar case where “petitioner” had followed every rule in the book to file a well-planned petition; however, in reality the petitioner did not exist!
“Rule 3A(2) of Tripura Sales Tax Rules, 1976 does not change the chargeability or liability to pay tax”: Supreme Court upholds validity
Supreme Court said that merely providing the mode or machinery/mechanism for recovery of tax payable by the transferer/supplier from buyer deducting tax at source and depositing the same with Revenue cannot be said to be ultra vires to Tripura Sales Tax Act and Rules.
Gauhati High Court directs Assam Government to properly implement policies framed in pursuance of Right to Education Act
Gauhati High Court was deliberating over a PIL filed to highlight ineffective implementation of State govt.’s policies framed as per the mandate in Section 12(1)(c) of RTE Act, 2009
Explained| Inter-State transfer of suit, appeal or other proceedings: Supreme Court’s power under Section 25 CPC versus Common High Courts’ power under Section 24 CPC
The Supreme Court settled the issue relating to the scope and ambit of Section 24 vis-à-vis section 25 of the CPC that arose in view of the peculiar circumstances relating to transfer of a suit wherein two States share a common High Court as provided under Article 231 of the Constitution of India.
Know Thy Judge | Justice Nongmeikapam Kotiswar Singh – The 36th Chief Justice of Jammu & Kashmir and Ladakh High Court
Justice N. Kotiswar Singh was serving as the Acting Chief Justice of Gauhati High Court, prior to being appointed as the Chief Justice of Jammu & Kashmir and Ladakh High Court.
Know Thy Judge | Justice Hrishikesh Roy
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid. We have curated some of his important High Court and Supreme Court decisions.
‘Rural health practitioners are not medical practitioners’; Assam Rural Health Regulatory Authority Act, 2004 rightly struck down by Gauhati HC: Supreme Court
Observing that performance of functions identical to those performed by medical practitioners by persons who do not possess the qualifications prescribed under the Central Act, could have dangerous consequences, the Supreme Court held that Rural Health Practitioners enlisted under the Assam Act, are underqualified to perform functions similar to those performed by medical practitioners registered in accordance with the Indian Medical Council Act, 1956. The Court, however, upheld the constitutionality of the Assam Community Professional (Registration and Competency) Act, 2015 that was enacted to give continuity in service to the practitioners in question.