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...

Mere Breach Of Land Sale Contract Not Enough To Prosecute For Cheating Without 'Dishonest Intention' While Making Promise: Gauhati HC

The Gauhati High Court recently quashed an order taking cognizance of a cheating case for alleged breach of contract for sale of land, noting that there was no misappropriation or fraudulent or dishonest intention at the beginning of the transaction.In doing so the court underscored that mere breach of contract is not enough to prosecute for cheating unless dishonest intention while making...

India's Got Latent Row | Gauhati HC Makes Absolute Interim Anticipatory Bail Granted To YouTuber Ashish Chanchlani

The Gauhati High Court on Friday granted anticipatory bail to YouTuber Ashish Chanchlani in connection with the FIR lodged against him by the Guwahati Police over the alleged obscene and controversial comments made in an episode of 'India's Got Latent'.A bench of Justice Mridul Kumar Kalita allowed his plea, making his relief absolute. Earlier, on February 18, he was granted interim...

Rule 36(4) Of CGST Rules Is Constitutionally Valid, Does Not Derive Power From Section 43A: Gauhati High Court

The Gauhati High Court has upheld the constitutional validity of Rule 36(4) of the Central Goods and Services Tax/Assam Goods and Services Tax Rules, 2017. The provision stipulates documentary requirements and conditions for a registered person claiming input tax credit (ITC).A division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair observed that the provision was...

'Except Plea Of Maintainability, No New Ground Can Be Taken Up In Appeal': Gauhati HC Upholds Award Passed By Motor Accident Claims Tribunal

The Gauhati High Court on Tuesday (February 18) dismissed an appeal filed against the judgment of a Motor Accident Claims Tribunal, by observing that a new ground, which was never taken at the time of filing of the written statement before the Tribunal, cannot be taken up in an appeal. The single judge bench of Justice Parthivjyoti Saikia noted: “…Except a plea of...

India's Got Latent Row | High Court Grants Interim Protection From Arrest To YouTuber Ashish Chanchlani In Assam Police FIR

The Gauhati High Court today granted interim Anticipatory Bail Protection to YouTuber Ashish Chanchalani in connection with the FIR lodged against him by the Guwahati Police over the alleged obscene and controversial comments made in an episode of India's Got Latent.However, a bench of Justice Mridul Kumar Kalita directed Chanchlani to appear before the Investigating Officer within 10...

Union Govt Notifies Appointment Of Justice Yarenjungla Longkumer As Additional Judge Of Gauhati High Court

Justice Yarenjungla Longkumer has been appointed as Additional Judge of the Gauhati High Court by the official notification issued by the Union Law Ministry dated February 12. Her name was recommended by the Supreme Court Collegium on January 4, 2024, for appointment as Additional Judge. Justice Longkumer did her matriculation in the year 1983 from Little Flower School, Kohima,...

'India's Got Latent' Row | YouTuber Ashish Chanchlani Moves High Court Seeking Anticipatory Bail In Guwahati Police FIR

YouTuber Ashish Chanchlani has moved the Gauhati High Court seeking Anticipatory Bail in connection with the FIR lodged against him by the Guwahati Police over the alleged obscene and controversial comments made in an episode of India's Got Latent.The FIR registered on February 12 has invoked Sections – 79 (Word, gesture or act intended to insult the modesty of a woman), 95 (Hiring,...

Family Courts Not Available In All Districts, 30-Day Limitation To Appeal Under FC Act v/s 90 Days Under HMA Can Prejudice Litigants: Gauhati HC

The Gauhati High Court recently allowed an application seeking condonation of a 21-day delay in filing an appeal against a family court's order, after noting that this 21-day delay which was already beyond the prescribed 30-day limitation period as prescribed under the family court's act may not classify as “barred by limitation”. A division bench comprising Justice Sanjay Kumar Medhi...

Gauhati High Court Asks Principal Secretary, DGP About Steps Taken To Stop Illegal Coal Mining In Assam Forest

The Gauhati High Court recently asked Assam's Principal Secretary (Home and Political), Assam and the Director General of Police (DGP) about the steps taken to stop illegal coal mining activities in the concerned forest areas where it has been alleged to take place. The court in its order directed the personal appearance of the officers after noting that an affidavit on the issue had not...

Do Minor Mineral Rules Stipulate Action Against Contractor For Indulging In Illegal Mining Beyond Scope Of Contract: Gauhati HC Asks State

The Gauhati High Court on Monday (February 10) asked the State Authorities, whether there is any provision under the existing mineral rules for taking action against the erring contractor, who has flouted the conditions of the lease or has illegally extracted the minor minerals out of the scope of the contract. The division bench comprising the Chief Justice Vijay Bishnoi and...

Gauhati High Court Directs PWD To Stop Construction Activities, Earth Filling In Fresh Water Lake Deepor Beel

The Gauhati High Court recently directed the Public Works Department (PWD) to file an affidavit to the effect that the earth filling and the other construction activities in the Deepor Beel area will be removed by the next date of hearing of a PIL on the issue.The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL regarding the protection of the...

Illegal Coal Mining: Gauhati High Court Orders Protection Of Ahom Historical Monuments

The Gauhati High Court recently directed the State Government to complete, preferably within six months, the exercise of taking Ahom Dynasty monuments under the purview of 'protected historical sites/monuments' by measuring their authenticity, integrity and archaeological findings. The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam further directed the State...

Toilet Facilities In Court Premises: Gauhati High Court Notifies Committee To Monitor Implementation Of Apex Court Directions

The Gauhati High Court recently (January 28) constituted a Committee to monitor the implementation of the directions issued by the Supreme Court in Rajeeb Kalita v. Union of India & Ors, for the construction of toilet facilities especially for women, specially-abled persons and transgender persons in Court premises and tribunals across the country.The Supreme Court had directed that...