Gauhati High Court
Gauhati High Court Stays Recruitment To Assam State Consumer Commission, Says Process Prima Facie Contrary To SC Directions
The Gauhati High Court has stayed the recruitment process for appointment to the post of Non-Judicial Member of the Assam State Consumer Disputes Redressal Commission, holding that the selection process appeared, prima facie, to have been initiated in breach of directions issued by the Supreme Court concerning the Consumer Protection Rules, 2020.Justice Kaushik Goswami passed the interim order...
Trial Court Can Rely On Accused's Plea Of Guilt Recorded At Charge Stage Even After Full Trial: Gauhati High Court
The Gauhati High Court has held that an accused's plea of guilt recorded at the stage of framing of charge does not lose its evidentiary value merely because the Trial Court proceeds to record evidence before deciding the case.A Division Bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar observed, "Section 229 Cr.P.C provides that if the accused pleads guilty during framing...
Two-Finger Test Violates Rape Survivors' Privacy, Dignity And Physical & Mental Integrity: Gauhati High Court
The Gauhati High Court has upheld the conviction and 20-year sentence imposed on a man under the Protection of Children from Sexual Offences (POCSO) Act for repeatedly raping his adopted daughter, while expressing surprise that a doctor conducted a two-finger test on the survivor despite Supreme Court decisions on the issue.A Division Bench of Justice Michael Zothankhuma and Justice...
'Advice' To Pay Cheque Amount Is Legally A Demand If Notice Clearly Seeks Payment: Gauhati High Court
The Gauhati High Court has held that a statutory notice issued under Section 138 of the Negotiable Instruments Act, 1881 need not expressly use the word "demand" to satisfy the legal requirement. A notice advising or requesting the drawer to pay the cheque amount would be sufficient if, read as a whole, it clearly conveys the requirement to make payment.Justice Sanjeev Kumar Sharma made...
Gauhati High Court Upholds Amendment To Arunachal Pradesh Police Rules Aimed At 'Equitable Distribution' Of Promotion Opportunities
Upholding the constitutional validity of Rule 5(1)(b) of Arunachal Pradesh Police Service (Amendment) Rules 2025, the Gauhati High Court held that allocating promotional quota to Arunachal Pradesh Police Service (Entry Grade) based on sanctioned strength of Inspectors in three feeder cadres does not violate Articles 14 and 16 of the Constitution.The Rules fix the promotional quota for the...
Nominating Another Woman As 'Wife' In Records Can't Override Legally Wedded Wife's Right To Family Pension: Gauhati High Court
The Gauhati High Court has held that a legally wedded wife of a deceased government employee cannot be denied family pension merely because the employee had nominated another woman as his “wife” in the pension records. A Single Bench of Justice Kaushik Goswami was hearing a writ petition filed by Shibani Dutta, whose husband, late Sankar Dutta, a retired government employee, had...
Can CBI Re-Arrest Accused Granted Bail On Technical Grounds Without First Obtaining Bail Cancellation Order? Gauhati High Court Answers
The Gauhati High Court has held that an investigating agency can re-arrest an accused who was granted bail on procedural technicalities rather than on merits, without first obtaining an order cancelling the bail.Justice Sanjeev Kumar Sharma dismissed a criminal petition challenging a Special Judge's order issuing a production warrant and permitting the Central Bureau of Investigation (CBI)...
Assam Settlement Rules | Authorities Must Consider Individual Claims Before Evicting People From Reserved Land: Gauhati High Court
The Gauhati High Court has held that where a person receives a notice alleging unauthorised occupation of land reserved under Rule 18(2) of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, the competent authority must consider the person's representation and supporting documents and pass an individual speaking order determining the person's status before taking...
Assam Land Policy | Long Possession Of Govt Land Doesn't Confer Right To Settlement: Gauhati High Court
The Gauhati High Court has held that long possession or mere occupation of Government land does not confer any right to obtain settlement of such land under the Assam Land Policy, 2019.Justice Devashis Baruah observed, "This Court also takes note of Clause 14.3 of the Assam Land Policy, 2019 which categorically stipulates that there is no right of the occupier of the land to get settlement...
Gauhati High Court Directs Assam Govt To Hold Silchar Municipal Corporation Elections Within 2 Months
The Gauhati High Court has directed the Assam Government to conduct elections to the Silchar Municipal Corporation expeditiously and preferably within two months, after noting that the revision of electoral rolls had been completed and there was no longer any impediment to holding the polls. Justice Sanjay Kumar Medhi observed: "From the affidavit-in-opposition filed by the...
100% Functional Disability Can Be Awarded Despite 10% Physical Disability If Head Injury Destroys Earning Capacity: Gauhati High Court
The Gauhati High Court has held that 100% functional disability and loss of earning capacity can be assessed despite only 10% permanent physical disability where a head injury renders the victim incapable of gainful employment. Dismissing an appeal filed by Oriental Insurance Company against a compensation award passed by the Motor Accident Claims Tribunal (MACT), Karimganj, Justice Mridul...