'Hate Speech' PILs | Assam CM Continued Provocative Remarks After Court Issued Notice To Him: Petitioners Submit In Gauhati HC

The Gauhati High Court today granted a further 4 weeks' time to the respondents to respond to a bunch of PIL petitions seeking actions against Assam Chief Minister Himanta Biswa Sarma for making alleged hate speeches against the minority communities in the state.A bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury posted the matter for May 28, directing the State Government...

Congress Leader Pawan Khera Moves Gauhati High Court Seeking Anticipatory Bail In FIR By Assam CM's Wife Over Passport Row

Congress leader Pawan Khera has moved the Gauhati High Court seeking anticipatory bail in connection with an FIR filed by Assam CM Himanta Biswa Sarma's wife Riniki Bhuyan Sharma, amid allegations related to her holding multiple passports.As per the case status on the high court website, the petition was filed on Monday (April 20). For context the Telangana High Court had on April 10 granted...

Registrar Has Jurisdiction Over Removal Of Secretary Of Co op Society Being Statutory Officer : Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the Registrar of Co-operative Societies has jurisdiction under the Assam Co-operative Societies Act, 2007 to adjudicate a dispute concerning the removal of a Secretary/Chief Executive, as this office has a distinct statutory character and is not merely...

Gauhati High Court Weekly Round-Up: April 06 - April 12, 2026

Nominal Index [Citations: 2025 LiveLaw (Gau) 53-57]Agricultural and Processed Food Products Export Development Authority (APEDA) v. Union of India & Ors. 2026 LiveLaw (Gau) 53Boby Das v. Sri Kantiram Das 2026 LiveLaw (Gau) 54Ms. Lalhriatpuii & Ors. v. The Gauhati High Court & Ors. 2026 LiveLaw (Gau) 55Nizara Thakur v. State of Assam & Ors. 2026 LiveLaw (Gau) 56Sri Sajal Kamal...

Recruitment | Challenge To Marks Barred By Constructive Res Judicata Where Party Accepts Remand On Limited Issue: Gauhati High Court

The Gauhati High Court held that where the issue of award of marks in a recruitment process had already been raised in an earlier writ proceeding but the party had settled for remand to the executive authority on a limited issue, the subsequent challenge to the marks would be barred by constructive res judicata. Chief Justice Ashutosh Kumar, presiding over the case, observed,...

Assam College Employees Act | Family Pension Available To Employees Retired/Deceased Before 2005, Subject To CPF Refund: Gauhati HC

The Gauhati High Court has held that pension and family pension under the Assam College Employees (Provincialisation) Act, 2005 extend to employees who had retired or died prior to its commencement, and that denying such benefit on the ground of “retrospective” applicability is “an absurd proposition.”Justice Rajesh Mazumdar, presiding over the case, observed, “There is no quarrel...

Mizoram Judicial Service | Gauhati High Court Quashes Notification Clubbing Newly Created Post With Ongoing Recruitment, Directs Fresh Exam

The Gauhati High Court has quashed a notification which clubbed a newly created post in Grade-I of the Mizoram Judicial Service with the ongoing recruitment process initiated earlier, noting that the newly created post would fall within category of a “future” vacancy and not an “existing” or “anticipated” vacancy.The court referred to Supreme Court's decision in All India...

Major Son Pursuing Studies Not Entitled To Maintenance Under Section 125 CrPC: Gauhati High Court

The Gauhati High Court has held that maintenance under Section 125(1) CrPC cannot be granted to a son who has attained the age of majority, merely on the ground that he is pursuing his studies, as the statute itself restricts such entitlement till majority, except in cases covered by clause (c).Justice Sanjeev Kumar Sharma, pressing over the case, observed, “From the above clause (b) of...

Non-Renewal Of Contract Not Retrenchment: Gauhati High Court Sets Aside Reinstatement Of Workman

The Gauhati High Court, while setting aside an award directing reinstatement of a workman, has held that termination of service on account of non-renewal of a contractual engagement would not fall within the definition of “retrenchment” under Section 2(oo) of the Industrial Disputes Act, 1947.While dealing with Section 2(oo) of the Act, Justice Sanjay Kumar Medhi, noted, “Sub Section...

APSC Exam Probe: Gauhati High Court Bars Use Of Inquiry Panel's Reports To Prosecute Candidates Citing Violation Of Procedural Safeguards

The Gauhati High Court barred the State from using findings in two reports of an inquiry commission probing alleged irregularities in appointments to Assam Public Service Commission (APSC) Combined Competitive Examinations conducted 2013 and 2014, to initiate disciplinary proceedings/prosecution against various candidates. In doing so the court observed that the findings therein violated...

Even USA Feeling The 'Pinch Of Illegal Immigrants': Gauhati High Court Refuses Relief To Declared Foreigner's Family

The Gauhati High Court has held that once a person is declared a foreign national by a Foreigners' Tribunal, constitutional safeguards meant for citizens cannot be extended to such a person, and no further right of hearing is required before expulsion. The judgment was delivered by a Division Bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund, which observed, “Even the...

Negative DNA Finding Not Decisive When Prosecution Proves Sexual Assault Through Testimony & Other Medical Evidence: Gauhati High Court

The Gauhati High Court has held that where the testimony of the prosecutrix is reliable and corroborated by her statement and medical evidence, the prosecution can be held to have successfully proved the factum of sexual assault, and a negative DNA finding does not by itself affect such conclusion. While agreeing with the opinion of the trial court, Justice Pranjal Das, presiding over the...