Disputes Over ESI Coverage, Contribution Liability Cannot Be Decided In Writ Jurisdiction Bypassing Statutory Mechanism: Gauhati High Court

The Gauhati High Court has held that disputes relating to ESI coverage, number of employees, contribution liability and the factual basis of an order passed under Section 45A of the Employees' State Insurance Act must ordinarily be raised before the Employees' Insurance Court under Section 75.In doing so the court said that the issues cannot be converted into a plea of inherent lack...

S.125 CrPC Maintenance | Magistrate Can't Presume High Income Merely Because Husband Failed To Produce Employment Documents: Gauhati High Court

The Gauhati High Court has held that mere failure of the husband in furnishing documents regarding his employment does not discredit his evidence about his income as stated in statement of assets and liabilities in maintenance proceedings. In doing so the court held that order shifting burden of proof on the husband to establish his income, for determining maintenance to wife, is arbitrary....

NRC Extracts Not Admissible To Prove Citizenship: Gauhati High Court Upholds Foreigner Tribunal Order

The Gauhati High Court has reiterated that extracts of National Register of Citizens (NRC) produced to prove Indian citizenship is not admissible in evidence for any purpose. A Division Bench of Justice Sanjay Kumar Medhi and Justice Shamima Jahan observed:"The petitioner had thereafter relied on the NRC details wherein the petitioner was shown as the son of Abul Haki. The same is again...

Children Can't Be Automatically Declared Foreigners Merely Because Parent Was Declared Foreigner: Gauhati High Court

The Gauhati High Court has made it clear that the children cannot automatically be declared foreigners, merely because a Foreigner Tribunal had declared their parent as a foreigner.In doing so, a Division Bench of Justice Sanjay Kumar Medhi and Justice Shamima Jahan reiterated that until a specific reference is initiated against an individual, no orders of declaration as foreigner of such...

Road Accident Victims Can't Be Left Remediless Due To Disputes Between Insurer And Insured: Gauhati High Court

The Gauhati High Court has reiterated that victims of road accidents should not be left without remedy merely because of disputes between the insured and the insurer, even while holding that the insurance company cannot be made liable where there was no valid policy covering the vehicle at the time of the accident.Justice Yarenjungla Longkumer, observed, “the fact that there was no...

Gauhati High Court Stays Felling Of 100-Year-Old Trees In Heart Of Aizawl City

The Gauhati High Court at Aizawl recently issued notice on a PIL against felling of 100 years old trees in the vacated Assam Rifle's land in the city.The division bench comprising Justice Michael Zothankhuma and Justice Kaushik Goswami also directed that the State to ensure that no more trees are cut in the area, until further orders.The PIL has been filed by environmental activist...

Assam Service Rules | Officer Voluntarily Resigning Without Taking Another Govt Appointment Barred From Claiming Pension: Gauhati High Court

The Gauhati High Court held that under the Assam Service (Pension) Rules a government employee who voluntarily resigns, without there being material to show that the resignation was for taking up another qualifying government appointment, results in forfeiture of past service and the employee is not entitled to pension. The Court, however, clarified that claims relating to earned...

Recovery Of Excess Gratuity From Retired Employee Without Misrepresentation Impermissible: Gauhati High Court Reiterates

The Gauhati High Court has reiterated that recovery of alleged excess gratuity from a retired employee is not permissible where there is no misrepresentation or fraud on the part of the employee and the excess payment has arisen due to the employer's own calculation.Justice Budi Habung, presiding over the case, observed, “In the present case the petitioner is a retired employee. The...

MACT | Insurer Must Prove Breach Of Policy Condition To Avoid Liability: Gauhati High Court Enhances Compensation By Over ₹15 Lakh

The Gauhati High Court has held that an insurer cannot avoid its liability in a motor accident claim without proving breach of policy condition by cogent evidence, and accordingly enhanced the compensation from ₹24,48,576/- awarded by the Tribunal to ₹39,87,730/-, extending the benefit to all dependents and correcting the deduction towards personal expenses.Justice Mridul Kumar...

Promotion Can't Be Denied Due To Pending Investigation Without Chargesheet: Gauhati High Court

The Gauhati High Court has directed the Assam Police authorities to reconsider the case of a woman Sub-Inspector for confirmation in the rank of Sub-Inspector (UB) as well as promotion to the rank of Inspector (UB), while taking into account that no charge-sheet had been filed against her despite pendency of a criminal case.Justice Budi Habung, presiding over the case, observed,...

Gauhati High Court Alters Murder Conviction To Culpable Homicide Citing 'Sudden Fight' Between Accused & Deceased Over Land Dispute

The Gauhati High Court altered murder (Section 302 IPC) conviction to culpable homicide not amounting to murder (Section 304 part 1 IPC), after noting that a sudden fight without premeditation had arisen between the accused and the deceased over cultivable land thereby attracting exception-IV to Section 300 IPC. Exception IV states that Culpable homicide is not murder if it is committed...

Gauhati High Court Designates 41 Lawyers As Senior Advocates

The Gauhati High Court on Friday (April 24) notified a list of 41 lawyers who have been designated as senior advocates. "It is hereby notified that the remaining applications of the learned Advocates for Designation as Senior Advocates are deferred by the Full Court in its meeting today i.e. 24th April, 2026, and those shall be considered later on as per Rules," the notification states....