Gauhati High Court Weekly Round-Up: March 23 - March 29, 2026

Nominal IndexPrasun Banik v. The State of Assam and Anr. 2026 LiveLaw (Gau) 42Sibo Prasad Choudhury and 5 Ors v. Bicky Khan and 2 Ors 2026 LiveLaw (Gau) 44Mizanul Hoque v. State of Assam and 3 Ors. 2026 LiveLaw (Gau) 44Mukesh Jalan v. State of Assam 2026 LiveLaw (Gau) 45Dwipjyoti Talukdar Vs. The Union of India and Ors. 2026 LiveLaw (Gau) 46Prasanta Kumar Borah v. The State of Assam and 4 Ors. 2026 LiveLaw (Gau) 47Sri Ram Krishna Dutta & Ors. v. Bimal Phukan @ Bipin Bharali 2026 LiveLaw (Gau) 48Bail Can Be Cancelled If Procured By Fraud Or Misrepresentation: Gauhati High CourtCase Title: Prasun Banik v. The State of Assam and Anr.LL Citation: 2026 LiveLaw (Gau) 42The 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 as narrated and discussed above. Clearly, the respondent No.2/accused misrepresented facts amounting to fraud regarding his resignation in securing the bail order. Therefore, on the touchstone of the principles of law laid down by the Hon'ble Apex Court, the bail granted to the accused deserves to be cancelled in exercise of both the inherent powers of this Court as well as the powers of bail cancellation available to this Court concurrently with that of the Sessions Court,” the Court added.Trial Court Judgment Set Aside In Earlier Round Becomes Non-Existent, Can't Be Reconsidered In Appeal On Merits: Gauhati High CourtCase Title: Sibo Prasad Choudhury and 5 Ors v. Bicky Khan and 2 OrsLL Citation: 2026 LiveLaw (Gau) 44The 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 by the Sessions Court on 01.11.2011 wherein the session judge had specifically stated that it was a fit case for remand.Predetermined Show-Cause Notice Vitiates Disciplinary Proceedings: Gauhati High Court Orders Reinstatement Of Police PersonnelCase Title:Md. Mizanul Hoque v. State of Assam and 3 Ors.LL Citation: 2026 LiveLaw (Gau) 44The Gauhati High Court has held that a departmental proceeding cannot be sustained where the disciplinary authority shows a pre-determined mind at the very stage of issuing the first show cause notice, and where the enquiry is conducted in a manner contrary to law, rendering the process unfairJustice Rajesh Mazumdar observed, “…the words used in the first show cause notice like 'gross misconduct', 'act of indiscipline and dereliction of duty' and 'absolute lack of integrity' go to show that the disciplinary authority had already arrived at a finding regarding the guilt of the petitioner even before initiation of the departmental proceeding.” Mere Failure To Make Timely Payment Not Cheating Without Initial Fraudulent Intent: Gauhati High Court ReiteratesCase Name: Mukesh Jalan v. State of AssamLL Citation: 2026 LiveLaw (Gau) 45The Gauhati High Court has reiterated that mere non-payment arising out of contractual dealings, without prima facie material showing fraudulent or dishonest intention at the inception, cannot be treated as offences of cheating or criminal breach of trust.The ruling was delivered by Justice Anjan Moni Kalita, who observed, “…though there are instances of non-fulfillment of promises, the same cannot prima facie be termed as willful intention on the part of the accused-applicant for non-payment. It is seen that the disputes as alleged in the instant case are primarily of civil nature, wherein allegation of breach of several contracts by the accused-applicant is leveled. However, the same cannot be treated prima facie as Cheating or Criminal Breach of Trust on the basis of the materials available before this Court.”Discharge From Air Force On Grounds Of cumulative Unsuitability; Not A Punishment: Gauhati HCCase Name : Dwipjyoti Talukdar Vs. The Union of India and Ors.LL Citation: 2026 LiveLaw (Gau) 46A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that discharge of an airman under Rule 15(2)(g)(ii) of the Air Force Rules, 1969, based on cumulative red-ink entries reflecting unsuitability for service does not amount to punishment.Non-Disclosure Of Complaints Vitiates Enquiry: Gauhati High Court Sets Aside Action Against Gram PradhanCase Name: Prasanta Kumar Borah v. The State of Assam and 4 Ors.LL Citation: 2026 LiveLaw (Gau) 47The Gauhati High Court has held that an enquiry resulting in adverse civil consequences against a Gram Pradhan is vitiated ...

Gauhati High Court Weekly Round-Up: March 23 - March 29, 2026

Bhavya Singh

Tags