'No Ownership Right': Gauhati High Court Upholds Refund Of Earnest Money To Third-Party Who Was Sold Vehicle During Subsistence Of Loan

The Gauhati High Court dismissed a woman's appeal against an order directing her to refund over ₹4 Lakh to a third party for sale of a truck which she had bought on a loan, holding that she could not have sold or transferred the vehicle to a third party when she had no ownership right over the vehicle. The appellant had purchased a Tata truck on hire purchase agreement, but she failed to...

Clause 8 Of Assam GST Reimbursement Scheme Prima Facie Ultra Vires: Gauhati High Court Stays SCN Against Patanjali Foods

The Gauhati High Court found that Clause 8 of the Assam Industries [Tax Reimbursement for Eligible Units] Scheme, 2017, which restricts input tax credit, runs contrary to the Constitutional framework and the provisions of the CGST Act. Consequently, the bench stayed the operation of the show-cause notices (SCN) issued to Patanjali Foods Limited. Justice Manish Choudhury was addressing...

Cryptic Show Cause Notice Without Factual Details Invalidates GST Registration Cancellation: Gauhati High Court

The Gauhati High Court held that a GST registration cannot be cancelled on the basis of a cryptic show cause notice, which merely quotes statutory provisions without disclosing the factual grounds. Justice Sanjay Kumar Medhi noted that apart from stating the provisions of Section 29(2)(e) of the CGST Act, there are no facts or any details stated in the show cause notice. In the...

Gauhati High Court Grants Relief To Lecturer Denied UGC Pay Scale, Says Minimum Qualification Was Not Mandatory When He Was Regularized

The Gauhati High Court recently granted relief to a retired college lecturer who was denied UGC pay scale holding that the benefit cannot be denied as possession of M.Phil, NET, SLET, or Ph.D qualification was not mandatory on the date of the lecturer's regularization. The ruling was delivered by Justice Robin Phukan, who observed, “Since possession of M. Phil/NET/SLET/Ph.D. qualification...

Gauhati High Court Directs Assam Govt To Enforce Prohibitory Orders To Control Illegal Fishing In Kaziranga National Park

The Gauhati High Court recently directed the Assam Government to enforce prohibitory orders to control illegal fishing in the water bodies in Kaziranga National Park.The division bench comprising the Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury was hearing a PIL seeking urgent judicial intervention to curb large-scale fishing in the water bodies of Kaziranga National Park and...

Can't Interfere In Policy: Gauhati High Court Rejects PIL Claiming Non-Implementation Of 'Kavachh' System By Railways, Lack Of Amenities

The Gauhati High Court recently dismissed a PIL which alleged that Railways have failed to maintain punctuality, safety standards, amenities and service quality on the ground that the grievances in the petition were more in the nature of general policy suggestions and not legally enforceable rights.The division bench comprising the Chief Justice Ashutosh Kumar and Justice Arun Dev...

Merit Alone Governs Scale-VII Promotions; Courts Can't Re-Assess Marks: Gauhati High Court

The Gauhati High Court has held that promotion from Scale-VI to Scale-VII under the applicable Promotion Policy is governed by the sole criterion of merit, and that courts cannot interfere with or re-evaluate the marks awarded by duly constituted promotion committees unless there is a clear violation of the prescribed procedure, parameters, or evidence of arbitrariness or mala fides. A...

Must Balance Cyber Fraud Probe With Interest Of Innocent Account Holder: Gauhati HC Permits Conditional Operation Of Frozen Bank Account

The Gauhati High Court has held that a blanket freezing of a bank account pursuant to a cyber crime complaint cannot continue indefinitely and that the interest of investigation must be balanced with the rights of a bona fide account holder. Justice Sanjay Kumar Medhi, presiding over the case, observed, “After giving an anxious thought to the rival contentions, this Court is of the opinion...

CGST Act | Gauhati High Court Reads Down S.16(2)(aa); Says ITC Can't Be Denied To Bona Fide Buyer For Supplier's Default

The Gauhati High Court has held that Input Tax Credit (ITC) cannot be denied to a bona fide purchaser merely because the supplier failed to upload invoice details in Form GSTR-1, and has read down Section 16(2)(aa) of the CGST Act and AGST Act to protect genuine taxpayers. A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury disposed of a writ...

Gauhati High Court Weekly Round-Up: December 01 - December 07, 2025

Nominal Index [Citations: 2025 LiveLaw (Gau) 58-67]Judgments/ Orders This WeekCustomary Court Can't Enlarge Strength Of Bench After Hearing Ends Or Back Date Its Orders: Gauhati High CourtCase Title: Rippe Mayi v. Tumli Nyorak/Mayi & Anr.Citation: 2025 LiveLaw (Gau) 58The Gauhati High Court has held that an Inter-Village Territorial Customary Court cannot enlarge its forum after...

High Court Closes PIL Against 'Illegal' Stay Of Migrants & 'Insignificant Deportations' As Per Assam Accord, Awaits SC Verdict

The Gauhati High Court on Wednesday closed a Public Interest Litigation (PIL) plea that sought the strict implementation of the deportation clauses of the Assam Accord, 1985, in view of the pendency of similar substantial issues before the Supreme Court. A Bench of Justice Michael Zothankhuma and Justice N. Unni Krishnan Nair, disposed of the petition filed by the Assam Andolon...

Arbitration Clause In GeM Contract Becomes Inoperative Once S.18 Of MSMED Act Is Invoked Before MSME Council: Gauhati High Court

The Gauhati High Court has held that once a supplier invokes Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), the statutory dispute-resolution mechanism under the Act overrides the arbitration clause contained in a Government e-Marketplace (GeM) contract, including the agreed seat of arbitration.The ruling was delivered by Justice Manish Choudhury,...