No Requirement To Issue Pre-Cognizance Notice U/S 223 BNSS To Accused In Cheque Bounce Complaint: Gauhati High Court

Relying on the Supreme Court's decision in Sanjabij Tari vs. Kishore S. Borcar 2025 LiveLaw (SC) 952, the Gauhati High Court has held that a Magistrate is not required to issue notice to the accused at the pre-cognizance stage in a complaint under Section 138 of the Negotiable Instruments (NI) Act. The Court clarified that issuing such notice by invoking the first proviso to Section 223(1) of...

Tender | Common Site Photograph By Bidders Not Proof Of Cartelisation; Integrity Commitment Must Be Breached: Gauhati High Court

The Gauhati High Court while refusing to interfere with the award of a Public Works Department contract for construction of a Circuit House at Udalguri, held that an allegation of cartelisation raised by an unsuccessful bidder based solely on a common photograph enclosed with site-visit certificates of two competing bidders cannot be accepted in the absence of any concrete material showing...

PC Act Proceedings Can't Continue On Hearsay Evidence With No Nexus To Official Duty: Gauhati High Court

The Gauhati High Court has held that proceedings under the Prevention of Corruption Act, 1988 cannot be sustained against an accused Home Guard where the materials on record are only hearsay and do not disclose any nexus with the discharge of official duties. Justice Sanjeev Kumar Sharma, presiding over the case, held, “As regards the petitioner No.2, I find sufficient force in the...

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...