Gauhati High Court
Will Must Be Proved In Accordance With Law, Mere Production Or Marking As Exhibit Not Enough To Grant Probate: Gauhati High Court
The Gauhati High Court has held that production of the original Will by itself is not sufficient for grant of probate unless the Will is proved in accordance with law, observing that mere exhibition of a certified copy or production of the original without proving its execution and due attestation cannot sustain a probate. [2026 LiveLaw (Gau) 91]Justice Mridul Kumar Kalita, presiding over...
No Blanket Exemption From Royalty Payable For Earth Excavated And Reused At Project Site: Gauhati High Court
The Gauhati High Court has declined to interfere with a forest royalty demand, holding that where the competent authority has undertaken inspection, verification of records and afforded opportunity to the contractor, the demand does not warrant interference under Article 226 merely because the factual determination is disputed. [2026 LiveLaw (Gau) 89]Justice Kardak Etex, pressing over the...
Gauhati High Court Upholds Foreigner Declaration, Says Contradictory Testimony Can't Be Excused On Basis Of Unproven Mental Illness
The Gauhati High Court has upheld an order of the Foreigners Tribunal declaring a man to be foreigner of post 25.03.1971 stream, while holding that contradictory statements made by him during the proceedings could not be explained on the basis of an unproven claim of mental illness. A Division Bench comprising Justice Kalyan Rai Surana and Justice Shamima Jahan observed that a mere...
Section 145 CrPC Can't Be Used To Evict Person Whose Possession Is Admitted: Gauhati High Court
The Gauhati High Court has held that where the fact that the petitioner is in possession of the disputed land is an admitted fact from the pleadings of the respondent himself, there is no bona fide dispute as regards possession and, therefore, the jurisdiction under Section 145 CrPC cannot be invoked. [2026 LiveLaw (Gau) 90]Justice Sanjeev Kumar Sharma, presiding over the case, observed,...
Dismissal On Technical Grounds Means Employee Remains 'In Service' For Subsistence Allowance, Rules Gauhati HC
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that when a punishment order is set aside on a technical ground and the matter is remanded for a fresh decision, the employee is deemed to be in service and entitled to subsistence allowance but not automatic back wages for the intervening period. Background Facts...
Consequential Demolition Order Can't Be Challenged Without Challenging Original Demolition Notice: Gauhati High Court
The Gauhati High Court has held that a consequential demolition order cannot be challenged in isolation without assailing the original demolition order on which it is founded. [2026 LiveLaw (Gau) 88]Declining to interfere with a demolition schedule issued by the Guwahati Metropolitan Development Authority (GMDA) for removal of an allegedly unauthorised construction, the Court observed that...
Private University Professor's Termination Not Amenable To Writ Jurisdiction Unless It Involves Breach Of Statutory/Public Duty: Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that writ petition under Article 226 is not maintainable against a private university for termination of an employee arising from a pure contract of service, unless the action involves a public law element or statutory violation. Background Facts The appellant was...
Are ED's 'Reasons To Believe' To Pass Provisional Attachment Order Confidential In Nature? Gauhati High Court Refers Issue To Larger Bench
The Gauhati High Court has referred to the larger bench to decide whether "reasons to believe" to be recorded in writing by Enforcement Directorate's Authorized Officer on the basis of material in his possession to pass a Provisional Attachment Order is confidential in character and whether it must be to be furnished to the affected person. [2026 LiveLaw (Gau) 85]Justice Manish Choudhury in...
Gauhati High Court Upholds Closure Of Plaintiffs' Evidence After 11 Adjournments, Lack Of Due Diligence
The Gauhati High Court refused to permit a party to file affidavit of evidence on noting that they had taken 11 adjournments, observing that though courts have the discretion to permit filing of evidence after delay, such discretion has to be exercised strictly where repeated adjournments have been granted. [2026 LiveLaw (Gau) 84]It held that plaintiffs cannot be allowed to file...
Gauhati High Court Asks Assam Govt To Create Separate Cadre For Community Health Professionals, Expedite Process For Service Benefits
The Gauhati High Court has directed the Assam Government to expedite the process of framing the necessary criteria and modalities for Rural Health Practitioners/Community Health Professionals and create a separate cadre with pay, grade, health and other service benefits. [2026 LiveLaw (Gau) 83]While issuing directions to the State, the Justice Soumitra Saikia observed:“The State will...
NDPS Act | Separate Contraband Recoveries Can't Be Treated As Commercial Quantity Absent Proof Of Joint Possession: Gauhati High Court
The Gauhati High Court has held that separate recoveries of contraband cannot be treated as a single commercial quantity, in the absence of evidence showing that the accused were acting together or were in joint possession of the contraband. [2026 LiveLaw (Gau) 82]On that basis, the Court modified the conviction of three appellants under the NDPS Act and reduced their sentence from 15...