Section 145 CrPC Can't Be Used To Evict Person Whose Possession Is Admitted: Gauhati High Court

The Gauhati High Court has held that where the fact that the petitioner is in possession of the disputed land is an admitted fact from the pleadings of the respondent himself, there is no bona fide dispute as regards possession and, therefore, the jurisdiction under Section 145 CrPC cannot be invoked. [2026 LiveLaw (Gau) 90]Justice Sanjeev Kumar Sharma, presiding over the case, observed,...

Dismissal On Technical Grounds Means Employee Remains 'In Service' For Subsistence Allowance, Rules Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that when a punishment order is set aside on a technical ground and the matter is remanded for a fresh decision, the employee is deemed to be in service and entitled to subsistence allowance but not automatic back wages for the intervening period. Background Facts...

Consequential Demolition Order Can't Be Challenged Without Challenging Original Demolition Notice: Gauhati High Court

The Gauhati High Court has held that a consequential demolition order cannot be challenged in isolation without assailing the original demolition order on which it is founded. [2026 LiveLaw (Gau) 88]Declining to interfere with a demolition schedule issued by the Guwahati Metropolitan Development Authority (GMDA) for removal of an allegedly unauthorised construction, the Court observed that...

PAN Card, Voter ID Not Citizenship Proof : Gauhati High Court Declares Man Foreigner Despite Producing 15 Documents

The Court rejected the 1951 NRC extract, school certificate, voters' list entries, and other documents.

Private University Professor's Termination Not Amenable To Writ Jurisdiction Unless It Involves Breach Of Statutory/Public Duty: Gauhati HC

A Division Bench of the Gauhati High Court comprising Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that writ petition under Article 226 is not maintainable against a private university for termination of an employee arising from a pure contract of service, unless the action involves a public law element or statutory violation. Background Facts The appellant was...

Are ED's 'Reasons To Believe' To Pass Provisional Attachment Order Confidential In Nature? Gauhati High Court Refers Issue To Larger Bench

The Gauhati High Court has referred to the larger bench to decide whether "reasons to believe" to be recorded in writing by Enforcement Directorate's Authorized Officer on the basis of material in his possession to pass a Provisional Attachment Order is confidential in character and whether it must be to be furnished to the affected person. [2026 LiveLaw (Gau) 85]Justice Manish Choudhury in...

Gauhati High Court Upholds Closure Of Plaintiffs' Evidence After 11 Adjournments, Lack Of Due Diligence

The Gauhati High Court refused to permit a party to file affidavit of evidence on noting that they had taken 11 adjournments, observing that though courts have the discretion to permit filing of evidence after delay, such discretion has to be exercised strictly where repeated adjournments have been granted. [2026 LiveLaw (Gau) 84]It held that plaintiffs cannot be allowed to file...

Gauhati High Court Asks Assam Govt To Create Separate Cadre For Community Health Professionals, Expedite Process For Service Benefits

The Gauhati High Court has directed the Assam Government to expedite the process of framing the necessary criteria and modalities for Rural Health Practitioners/Community Health Professionals and create a separate cadre with pay, grade, health and other service benefits. [2026 LiveLaw (Gau) 83]While issuing directions to the State, the Justice Soumitra Saikia observed:“The State will...

NDPS Act | Separate Contraband Recoveries Can't Be Treated As Commercial Quantity Absent Proof Of Joint Possession: Gauhati High Court

The Gauhati High Court has held that separate recoveries of contraband cannot be treated as a single commercial quantity, in the absence of evidence showing that the accused were acting together or were in joint possession of the contraband. [2026 LiveLaw (Gau) 82]On that basis, the Court modified the conviction of three appellants under the NDPS Act and reduced their sentence from 15...

Gauhati High Court Admits PIL Over Assam's Growing Debt, But Flags Judicial Limits In Fiscal Matters

The Gauhati High Court recently admitted a PIL seeking directions to the Assam government to strictly comply with the provisions of the Assam Fiscal Responsibility and Budget Management Act, 2005 (as amended).The PIL alleges persistent violations of Sections 4, 5, 6, 7 and 8 of the AFRBM Act, including failure to limit fiscal deficit to 3% of GSDP (Gross State Domestic Product), elimination...

Under What Circumstances Cancellation of An Examination Is Justified? Answers Gauhati High Court

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that cancellation of an examination is only justified when the sanctity of the process is compromised at a systemic level and it is impossible to separate tainted candidates from untainted ones; otherwise, segregation of suspicious candidates is required. Background...

Mere Pendency Of Criminal Case Can't Justify Indefinite Withholding Of MBBS Pass Certificate After Course Completion: Gauhati High Court

The Gauhati High Court has held that mere pendency of a criminal proceeding, without any adjudication of guilt, cannot be a valid basis for indefinitely withholding the original Final MBBS Pass Certificate of a candidate who has successfully completed the MBBS course, statutory internship, and has already been granted registration by the competent authority.Justice Budi Habung observed,...