Bringing you the Best Analytical Legal News
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.
The directions were issued by the High Court in pursuance to the directive issued by the Supreme Court in Shama Sharma v. Kishan Kumar.
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.
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 opined that the petitioner failed to discharge her burden to prove the contents of her evidence so as to establish her Indian citizenship.
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.
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.
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.
The reiteration came after the Collegium deliberated over a reconsideration request submitted by Justice Tagia.
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
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.
The Constitutional Courts would not interfere with a view expressed on interpretation unless it appears to be grossly inappropriate and outlandish.
The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.