HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Right to sleep, Ayushman Bharat Scheme; Gaurav Bhatia; Dominos Trade Mark; Bigg Boss; and more
A quick legal roundup to cover important stories from all High Courts this week.
Gauhati High Court
Gauhati High Court directs State to furnish details of interim measures to be taken to deal with pollution of Bharalu River
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.
[POCSO Act] Charge of penetrative sexual assault can be made on some degree of insertion; non-tear of hymen of no consequence: Gauhati HC remands matter back to Trial Court
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.
Notify the Child Protection Policy in the State of Assam by June 24 : Gauhati High Court urges State Government
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.
Gauhati High Court adopts Practice Directions for proceedings filed under POCSO Act
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.
Know Thy Judge | Justice Vijay Bishnoi, the 41st Chief Justice of Gauhati High Court
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.
Wearing Jeans Before the Court | De-courting due to improper attire doesn’t infringe Advocate’s right to get an audience from Court: Gauhati HC
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.
Gauhati HC issues directions to end the requirement of mentioning a litigant’s caste/religion in any proceeding or suit
The directions were issued by the High Court in pursuance to the directive issued by the Supreme Court in Shama Sharma v. Kishan Kumar.
Know Thy Judge | Justice Hrishikesh Roy: Crafting a Lasting Legacy in Mediation
Justice Hrishikesh Roy, sitting Judge of Supreme Court of India and former Chief Justice of Kerala High Court is known for his notable contributions to the causes of alternative dispute settlement and legal aid.
Who can initiate ACRs/APARs of District Superintendents of Police in Assam? Supreme Court answers
The Court observed that merely for being deployed in Assam, IPS Officers could not be denied benefit under 2007 Rules applicable across the board to their ilk serving across the country.
Gauhati HC upholds judgment by Foreigners Tribunal declaring a woman to be a foreigner who entered India illegally
Gauhati HC opined that the petitioner failed to discharge her burden to prove the contents of her evidence so as to establish her Indian citizenship.
Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC
The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.
Gauhati HC sets aside conviction and sentence of a rape accused due to inconsistencies in the deposition of the prosecution witnesses
The Court was of the view that the depositions did not have the requisite sterling quality and inconsistencies in the same created serious doubt regarding the nature of the alleged sexual offence but also credibility of the deposition.
Supreme Court Collegium reiterates its recommendation to transfer Justice Nani Tagia, Judge, Gauhati High Court to Patna High Court
The reiteration came after the Collegium deliberated over a reconsideration request submitted by Justice Tagia.
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
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.