Gauhati High Court
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...
Marital Rape Not Criminalised, But Forced Sex In Love Relationship Is Criminal: Gauhati High Court Refuses To Quash FIR
The Gauhati High Court has held that the existence of a love relationship between a man and a woman does not dilute the criminality of rape, and that even in a premarital relationship, any forceful physical act against the woman's will remains a criminal offence. Presiding over the case, Justice Pranjal Das, observed, “Even if a man and a woman are in a relationship; that would certainly...
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...
No Mandatory Civil Adjudication Without Bona Fide Title Claim: Gauhati High Court Upholds Criminal Proceedings In Land Grabbing Case
The Gauhati High Court has held that prior determination of civil liability under Section 10(2) of the Assam Land Grabbing (Prohibition) Act, 2010 is not required in every case, and is not attracted where no bona fide plea asserting proprietary right, ownership, or lawful possession over the land is raised. In such circumstances, the Land Grabbing Tribunal can proceed with the criminal aspect...
Non-Disclosure Of Complaints Vitiates Enquiry: Gauhati High Court Sets Aside Action Against Gram Pradhan
The Gauhati High Court has held that an enquiry resulting in adverse civil consequences against a Gram Pradhan is vitiated if the complaints and foundational materials on which it is based are not disclosed to him, as such non-disclosure renders the opportunity of hearing illusory and violates both executive instruction 162-A and principles of natural justice.Justice Arun Dev Choudhury,...