Trial Court Judgment Set Aside In Earlier Round Becomes Non-Existent, Can't Be Reconsidered In Appeal On Merits: Gauhati High Court

The Gauhati High Court has held that where an earlier trial court judgment had already been set aside by the appellate court remanding the matter for fresh adjudication, the appellate court cannot later reconsider the earlier "non-existent judgment" on merits and uphold it.Justice Anjan Moni Kalita observed that Judgment dated 30.04.2011, passed by the magistrate court was in essence set aside...

Bail Can Be Cancelled If Procured By Fraud Or Misrepresentation: Gauhati High Court

The Gauhati High Court has held that bail granted to an accused person can be cancelled where it has been obtained by misrepresentation or fraud.Justice Pranjal Das observed, “...a bail order can also be cancelled, if it was procured by misrepresentation or fraud. The aforesaid principle would be squarely applicable to the facts and circumstances that have emerged in the instant case...

BNSS | Gauhati High Court Upholds Telephonic Intimation Of Arrest To Accused's Family, Notes No Prejudice Caused

The Gauhati High Court refused to grant bail to an NDPS accused who had claimed violation of arrest procedure under BNSS, after finding that his family who lived in Manipur were informed of the arrest via telephonic intimation and there was subsequent service of written notice under section 48 of BNSS. Justice Anjan Moni Kalita, noted that at the time of the accused's arrest in Guwahati, his...

Discharge Without Completion Of Training In Assam Rifles , No Right For Reinstatement : Gauhati HC

A Division Bench of the Gauhati High Court comprising Justice Unni Krishnan Nair and Justice Yarenjungla Longkumer held that a trainee who has neither successfully completed training nor been formally enrolled as a member of the Assam Rifles under the Assam Rifles Act, 2006, is not entitled to reinstatement, especially when he has voluntarily sought discharge by executing a...

'Fissiparous Tendency' : Gauhati High Court Issues Notice To Assam CM On Petitions Against 'Hate Speeches' Targeting Muslims

The Gauhati High Court on Thursday (February 26) issued notice on a PIL petition and two connected cases seeking directions to restrain Assam Chief Minister Himanta Biswa Sarma from making alleged hate speeches against the minority communities in the state.The PIL states that despite the presence of public videos of alleged hate speeches of CM Sarma, Assam Police has not filed a suo motu FIR....

Procedural Lapse By ICC Can't Extinguish Sexual Harassment Complaint: Gauhati High Court Orders Fresh Inquiry Under POSH

The Gauhati High Court has held that procedural lapses or inaction on the part of an Internal Complaints Committee (ICC) cannot defeat an aggrieved woman's substantive statutory right to seek redress under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Dismissing a challenge to the revival of ICC proceedings, Justice Devashis Baruah...

Retrospective Regularisation Shall Not Confer Seniority: Gauhati HC

A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Kaushik Goswami held that seniority as a graduate teacher can be counted only from the date when the teacher possessed both the Graduate qualification and received the Graduate scale of pay. Further, the retrospective regularization cannot confer retrospective seniority. Background Facts...

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...