Age Limit Under Surrogacy Act Valid, Can't Be Relaxed Just Because Couple's First Attempt Failed: Gauhati High Court

The Gauhati High Court has held that the statutory restrictions governing surrogacy are constitutionally valid and cannot be relaxed on the basis of individual circumstances.A division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, presiding over the case, observed, “The measures pursue legitimate state interests, bear a rational nexus with the object of the...

Civil Judge Can't Authenticate Talaq, Grant Decree Dissolving Muslim Marriage; Family Court Is Competent Forum: Gauhati High Court

The Gauhati High Court has held that civil judge does not have the jurisdiction to authenticate dissolution of a Muslim marriage in the form of talaq and grant a declaratory decree of divorce and the competent court would be the Family Court or the District Court in the absence of family court.In doing so the high court upheld an order of Civil Judge (senior division) which had dismissed...

Fallout In Love Affair & Refusal To Marry Cannot Automatically Lead To Abetment Of Suicide Case: Gauhati High Court

The Gauhati High Court recently set aside the cognisance taken under Section 306 IPC in respect of a man accused of abetting a minor girl's suicide noting that other than the fact that he had refused to marry her there was no prima facie material indicating instigation by him which could have compelled the deceased to commit suicide. The high court however upheld the cognizance taken by the...

Employer Retains Right To Disciplinary Action Even After POSH Conciliation Settlement: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that conciliation under Section 10(4) of the POSH Act bars only further inquiry by the Internal Complaints Committee and does not prevent the employer from initiating independent disciplinary proceedings under the service rules in light of new evidence to ensure a...

S. 223, 226 BNSS | Magistrate Must Give Notice To Accused After Examining Complainant & Before Taking Cognizance: Gauhati High Court

The Gauhati High Court has held that under the provisions of BNSS if the Magistrate feels that there is some substance in a criminal complaint then after examining the complainant and the witnesses on oath and before taking cognizance of the matter, the magistrate must give notice to the accused providing him an opportunity of hearing.In doing so the court set aside notices issued by the...

Gauhati High Court Bar Association To Boycott Foundation Stone Ceremony Of New High Court Building; Announces Hunger Strike

The Gauhati High Court Bar Association has decided to boycott the proposed foundation stone laying ceremony for the new High Court building scheduled to be held on January 11 at Rangmahal in North Guwahati. The decision was taken in continuation of a resolution adopted at the Association's Emergent Extra-Ordinary General Meeting held on January 6.In a press release issued on Tuesday, the...

Gauhati High Court Annual Digest 2025

Citation 2025 LiveLaw (Gau) 1 to 2025 LiveLaw (Gau) 85Convict Has Right To Be Considered For Release On Probation: Gauhati HC Grants Relief To Headmaster, Son Who Assaulted Student's MotherCase Title: Abdur Rehman Mandal & Anr. v. Mosht Rukia Kjhatun and Anr. & The State of AssamCitation: 2025 LiveLaw (Gau) 1The Gauhati High Court recently extended the benefit of Section 4 of Probation...

Gauhati High Court Upholds Age Restriction Under Assisted Reproductive Technology Act, Says It Ensures Well-Being Of Mother & Child

The Gauhati High Court recently upheld the constitutional validity of Section 21(g) of Assisted Reproductive Technology (Regulation) Act 2021 which prescribes an age limit for men and women who can avail ART services, observing that provision was enacted to ensure well-being of the mother and child. For context, as per Section 21(g), ART services can be provided to women who are above the age...

BNSS Procedures Mandatory For GST Arrests Despite Revenue Nature Of Investigation: Gauhati High Court

The Gauhati High Court held that even though GST investigations are revenue in nature, arrests made by GST officers must strictly comply with the mandatory procedural safeguards prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Justice Pranjal Das opined that even with regard to arrest by revenue authorities under GST, the procedural compliance...

GST Registration Can Be Restored If Returns And Dues Are Cleared: Gauhati High Court

The Gauhati High Court has allowed a writ petition seeking restoration of Goods and Services Tax (GST) registration which had been cancelled due to non-filing of returns for a continuous period of six months. A single judge bench of Justice Kardak Ete was hearing the petition filed by a proprietor engaged in execution of works contracts, whose GST registration was cancelled by the...

Rule 47(1) Of Assam Panchayat Rules Only Caps Highest Bid For Market Settlement, Doesn't Prescribe Lowest Viable Rate: Gauhati High Court

The Gauhati High Court has held that Rule 47(1) of the Assam Panchayat (Financial) Rules, 2002 only prescribes an upper limit for settlement of markets and does not contemplate or permit reading any minimum or “lowest viable” bid requirement into the statutory scheme. The Court further held that administrative notices or assumptions drawn from tender-related figures cannot be used to...

S. 11 Cattle Preservation Act | Circle Officer May Be Authorized To Enter, Inspect Premises But Has No Power To Seal It: Gauhati High Court

The Gauhati High Court has observed that a Circle Officer "may be" conferred with power under Section 11 of the Assam Cattle Preservation Act 2021 to enter and inspect a premises where violation the statute may have occurred including a meat shop, however the officer has no authority or jurisdiction to seal the premises.The Court noted that the statute permits such officers to enter and inspect...