Assam AG Files Contempt Petition Against HC Bar Association Prez, Two Other Advocates Over Gauhati High Court Relocation Row; Verdict Reserved

The Gauhati High Court on Tuesday (April 8) reserved judgment in criminal contempt petitions filed by Advocate General, Devajit Saikia under Sections 11, 12 & 15(1)(a) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, alleging that Anil Kumar Bhattacharyya (Senior Advocate) and another advocate (Pallavi Talukdar) of the Gauhati High Court have...

2024 Lok Sabha Polls: Gauhati HC Rejects Congress Candidate's Plea Challenging BJP Candidate's Election Over Lack Of Proper Attestation

The Gauhati High Court recently dismissed a petition by Congress's Hafiz Rashid Ahmed Choudhury–who contested from Assam's No. 7 Karimganj Constituency in the 2024 Lok Sabha Elections–challenging the election of winning BJP candidate Kripanath Mallah. The court dismissed the petition on the ground of lack of proper attestation of the petition. The court also allowed an application moved...

Gauhati High Court Declines Stay On Amendments To Nagaland Lokayukta Act Regarding Provisions On Eligibility, Constitution Of Search Committee

The Gauhati High Court at Kohima recently denied to stay the two amendment Acts of 2019 and 2022, respectively to the Nagaland Lokayukta Act, 2017.The division bench of Justice Devashis Baruah and Justice Budi Habung observed:“The law as regards the stay of an enactment of legislature or its amendments is very clear. The power under Article 226 of the Constitution can be exercised when...

Gauhati HC Issues Notification Directing Subordinate Courts In Assam To Dispose Of Pending Execution Petitions In 6 Months

The Gauhati High Court on Wednesday (March 26) issued a notification directing all the Sub ordinate Courts of State of Assam to dispose of the pending execution petitions within a period of 6 months without fail, or else the concerned Presiding Officer would be answerable to the High Court.The said notification was issued in pursuant to the order dated March 6 passed by the Supreme Court...

Gauhati High Court Directs Assam Govt To Show Steps Taken To Combat Problem Of 'Rampant' Hill Cutting

The Gauhati High Court recently asked Assam Government to place on record measures taken by it to tackle the problem of "hill cutting" in greater Guwahati and surrounding areas as well as other areas in the state. The division bench comprising the Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair was hearing a PIL highlighting the issue of encroachments and cutting of hills which...

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498(A) of the Indian Penal Code. A bench of Justice Parthivjyoti Saikia added that the word “cruelty” for the purpose of Section 498(A) IPC is to be established in the context of Section 498(A),...

Retracted Statement Can't Be Termed As Incriminating Material, No Addition Can Be Made In Respect Of Completed Assessment: Gauhati High Court

The Gauhati High Court stated that retracted statement cannot be termed as incriminating material and no addition can be made in respect of completed assessment. The Commissioner of Income Tax (Appeals) and the ITAT were of the view that the said piece of evidence, i.e. retracted statement cannot be termed as incriminating material, noted the Division Bench of Chief...

Gauhati High Court Directs Assam Govt To Report On Action Taken Against Fake Doctors By Anti-Quackery Units In State

The Gauhati High Court was recently informed that in almost each of the district of the State of Assam, the Anti Quackery Units are already formed and regularly inspecting the clinical establishments in each district.The division bench of the Chief Justice Vijay Bishnoi and Justice Kaushik Goswami was hearing a PIL raising the problem of 'quacks' operating in the State of Assam. Pursuant to...

Informing 'Grounds Of Arrest' To Accused Distinct From Mere Intimation Of Arrest: Gauhati High Court Issues Directives To Assam Police

The Gauhati High Court recently directed the Chief Secretary and Director General of Police, Assam, to ensure that when exercising the power to arrest without a warrant, the police or any other authority issues a notice to the arrestee under Section 47 of BNSS or any other relevant provision of a special law, stating the grounds of arrest. While hearing a bail application, the single judge...

Carbonated Fruit Drinks Qualify As Fruit Beverages, Taxable At 12% GST: Gauhati High Court

The Gauhati High Court stated that carbonated fruit drinks qualify as fruit beverages and are taxable at 12% GST. The Bench of Justice Soumitra Saikia opined that “where the subject product contains soluble solids and fruit content as per the report of the State Food Laboratory, it cannot be said to be akin to water, mineral water or aerated water. Mere presence of carbon dioxide...

Gauhati High Court Directs Registry To Seek Report From Concerned Courts Regarding Delay In Progress Of Pending Cases Against MPs/MLAs

The Gauhati High Court on Tuesday (March 11) asked for specific reports from the concerned Courts indicating the reason as to why, the pending cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) could not progress further.The division bench comprising Justice Suman Shyam and Justice Arun Dev Choudhury was hearing a suo moto writ petition regarding status...

Gauhati High Court Directs State To Enrol Public Information Officers, Other Departments On RTI Portal

The Gauhati High Court recently directed the State Authorities to complete the process of enrolling the Public Information Officers (PIOs) and the other Departments on the online RTI Portal, who have not enrolled to date, and also to make a provision expeditiously for uploading the supporting documents as directory instead of mandatory. The division bench comprising Chief Justice Vijay...