Gauhati High Court
Disciplinary Proceedings For Obtaining B.Ed Without Permission, Employee Can't Be Given Promotional Post : Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Kaushik Goswami held that obtaining a degree without prior permission amounts to misconduct in violation of statutory conduct rules. Further, during the pendency of disciplinary proceedings, an employee cannot be given an in-charge promotional post, though the degree itself...
Gauhati High Court Quashes NSA Detention Of Activist Victor Das For Violating Article 22(5) Safeguards
The Gauhati High Court has set aside the preventive detention of Victor Das under the National Security Act, 1980, holding that the constitutional safeguards under Article 22(5) were violated. A Division Bench of Justice Kalyan Rai Surana and Justice Anjan Moni Kalita quashed the detention order dated October 7, 2025, the grounds of detention, and the State Government's approval, directing...
CBSE Can't Reduce Marks In Subject Not Sought For Re-Evaluation: Gauhati High Court
The Gauhati High Court has held that while re-evaluating a student's answer sheet in a subject for which an application is made, the CBSE cannot alter marks in another subject that was not sought to be re-evaluated, and that marks already awarded in such other subjects cannot be changed without a corresponding application.Justice Nelson Sailo observed, “...when the son of the petitioner...
Intimation Of Arrest To Family Via WhatsApp Without Proof Of Service Not Enough Under S.48 BNSS: Gauhati High Court Grants Bail
The Gauhati High Court has held that intimation of arrest sent to the family members of an arrestee via WhatsApp, without proof of actual service, does not amount to due compliance with Section 48 of the BNSS, 2023, and that such non-compliance renders the arrest illegal, entitling the accused to bail.Justice Sanjeev Kumar Sharma, presiding over the case, held, “A perusal of the notices...
Gauhati High Court Quashes Child Marriage, POCSO Case As Couple Married, Living Together With Child
The Gauhati High Court, applying Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, quashed criminal proceedings under the Child Marriage Act and the POCSO Act, holding that since the parties were married, living together, and had a minor child, continuation of the trial would be futile.Justice Pranjal Das, pressing over the case, observed, “the objective reality that...
Gauhati High Court Grants Bail To Man Arrested For Posting Objectionable Facebook Comment On Red Fort Blast
The Gauhati High Court has granted regular bail to a man arrested for allegedly posting an objectionable Facebook comment in connection with a bomb blast near the Red Fort.Justice Pranjal Das, while allowing the bail application, observed, “Without going into the merit of the case; only considering the period of detention and completion of investigation, petitioner shall be allowed to go...
Failure To Strictly Comply With S.48 BNSS Mandating Intimation Of Arrest To Family Not Fatal In Disturbed Areas: Gauhati High Court
The Gauhati High Court has held that strict compliance with Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requiring written intimation of the grounds of arrest to the relatives of the accused, cannot be insisted upon in certain exceptional circumstances, and that the facts of the present case constitute such an exception. Justice Sanjeev Kumar Sharma, pressing over the...
Gauhati High Court Weekly Round-Up: February 09 - February 15, 2026
Nominal Index [Citations: 2026 LiveLaw (Gau) 25-29]M/s Amprolisa Construction and Marketing Pvt Ltd v. Gupta Hardware Private Limited and Another. 2026 LiveLaw (Gau) 25Abhishek Kar v State of Assam 2026 LiveLaw (Gau) 26Mahim Chandra Nath and 9 Others v. State of Assam and Others 2026 LiveLaw (Gau) 27Dr. Vimal Katiyar v. State of Assam & Anr. 2026 LiveLaw (Gau) 28Dalimi Kalita v Assam...
Challenge To Wrong Pay Fixation Not Barred By Limitation As It's A Continuing Wrong: Gauhati High Court
A challenge to wrong pay fixation cannot be rejected solely on the ground of delay where the grievance discloses a continuing or recurring wrong, the Gauhati High Court has held, while directing reconsideration of a claim raised by an Auxiliary Nurse and Midwife (ANM) seeking parity in pay with similarly situated employees.Justice Kardak Ete, presiding over the case, held, “I am of the...
Mere Touching Of Hand Not 'Criminal Force': Gauhati High Court Quashes Sexual Harassment Case Against IIT Professor
The Gauhati High Court recently quashed the sexual harassment case registered against an IIT Professor for allegedly touching the hands of a woman who had approached him seeking mentorship for her startup idea.Justice Sanjeev Kumar Sharma noted that mere 'touching' of hands does not satisfy the definition of 'force' to attract the offence of Outraging woman's modesty by assault or use of...
Proper Notice Under Section 18 Assam Land & Revenue Regulation Mandatory Before Evicting Occupants From Govt Land: Gauhati High Court
The Gauhati High Court has clarified that where persons are in illegal occupation of Government land, and the authorities seek to make the land encroachment-free, a proper notice under Section 18 of the Assam Land and Revenue Regulation, 1886 must be issued.Justice Sanjay Kumar Medhi, presiding over the case, observed, “...it appears that the petitioners are in possession of certain lands...
Gauhati High Court Quashes Case Against Influencer For Allegedly Linking Assamese Women To Black Magic
The Gauhati High Court has quashed the CID Cyber Case registered against influencer Abhishek Kar for linking Assamese women to black magic in a YouTube video.Justice Pranjal Das held that the statement attributed to him does not fulfill the essential ingredients to invoke offences under Section 196 (Promoting enmity between different groups) of the Bharatiya Nyaya Sanhita, Section 67...