Gauhati High Court Weekly Round-Up : January 12 - January 18, 2026

Nominal Index [Citations: 2025 LiveLaw (Gau) 4-9 ]X v/s Y 2026 LiveLaw (Gau) 4Seema Chakraborty & Anr. v. Union of India & Ors. 2026 LiveLaw (Gau) 5The State of Assam & Others vs. Ikbal Hussain Laskar 2026 LiveLaw (Gau) 6HIMASHMI SAIKIA & Ors. v/s THE STATE OF ASSAM AND 2 ORS 2026 LiveLaw (Gau) 7The State of Assam & Ors. v. Dipak Gogoi 2026 LiveLaw (Gau) 8Mahindra and...

Lok Adalat Settlement Must Be With Parties' Free Consent, Counsel Cannot Compromise Case Without Written Authority: Gauhati High Court

The Gauhati High Court, while considering the validity of a settlement recorded in a National Lok Adalat, held that settlement under the Legal Services Authorities Act, 1987 must be arrived at by the parties themselves with free consent, and that in the absence of written authority authorising counsel to sign a compromise, such settlement cannot be treated as valid.Justice Sanjay Kumar...

Compassionate Appointment Can't Be Denied Because Deceased Had Less Than 3 Yrs Of Service Left: Gauhati High Court

The Gauhati High Court has held that a policy condition restricting compassionate appointment on the basis of the remaining length of service of a deceased government employee is arbitrary and violative of Article 14 of the Constitution.A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed, “We find that the classification made on the basis of...

Reservation Norms Can't Be Introduced Midway To Scrap Completed Selection Process: Gauhati High Court

The Gauhati High Court has quashed the cancellation of recruitment process for the post of Rehabilitation Workers under the National Health Mission (NHM), Assam, which was halted after the State Government flagged non-compliance with reservation norms. The recruitment, which had progressed up to the publication of an approved select list, was cancelled on the grounds that reservations had...

Contract Employee Subjected To Disciplinary Rules Can't Be Terminated Without Departmental Enquiry: Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that if a contractual employee's appointment expressly incorporates statutory disciplinary rules, then the termination on grounds of misconduct is punitive and invalid without following the prescribed enquiry procedure under such rules. Background Facts The...

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...