Introduction Of Written Test Midway Permissible If Recruitment Rules Don't Prescribe Procedure & Change Applies Uniformly: Gauhati HC

A Division Bench of the Gauhati High Court comprising Justice Nelson Sailo and Justice Pranjal Das held that a recruiting authority can introduce a written test mid-process in the absence of detailed rules, provided it is done before that stage is reached, is applied uniformly and is not arbitrary. Background Facts The State of Nagaland issued an advertisement inviting applications for 40 posts of Excise Constables. The recruitment process prescribed was physical test and ...

LiveLaw Gauhati High Court Half Yearly Digest: January To June, 2026 [Citations 1 - 85]

Citations: 2026 LiveLaw (Gau) 1- 2026 LiveLaw (Gau) 85Nominal Index Bhupendra Choudhury v/s Arun Choudhury 2026 LiveLaw (Gau) 1Airports Authority of India & Ors. v. Praveen VS 2026 LiveLaw (Gau) 2 Hussain Md. Rijuan v/s The State of Assam 2026 LiveLaw (Gau) 3X v/s Y 2026 LiveLaw (Gau) 4Seema Chakraborty & Anr. v. Union of India & Ors. 2026 LiveLaw (Gau) 5The State of Assam...

Groping Patient's Breasts Not Part Of Routine Examination For Menstrual Problems: Gauhati High Court Upholds Doctor's Conviction

Doctor may touch the tummy or abdomen, but he is not required to squeeze the breasts for gynecological problem, Court said.

Will Must Be Proved In Accordance With Law, Mere Production Or Marking As Exhibit Not Enough To Grant Probate: Gauhati High Court

The Gauhati High Court has held that production of the original Will by itself is not sufficient for grant of probate unless the Will is proved in accordance with law, observing that mere exhibition of a certified copy or production of the original without proving its execution and due attestation cannot sustain a probate. [2026 LiveLaw (Gau) 91]Justice Mridul Kumar Kalita, presiding over...

No Blanket Exemption From Royalty Payable For Earth Excavated And Reused At Project Site: Gauhati High Court

The Gauhati High Court has declined to interfere with a forest royalty demand, holding that where the competent authority has undertaken inspection, verification of records and afforded opportunity to the contractor, the demand does not warrant interference under Article 226 merely because the factual determination is disputed. [2026 LiveLaw (Gau) 89]Justice Kardak Etex, pressing over the...

Gauhati High Court Upholds Foreigner Declaration, Says Contradictory Testimony Can't Be Excused On Basis Of Unproven Mental Illness

The Gauhati High Court has upheld an order of the Foreigners Tribunal declaring a man to be foreigner of post 25.03.1971 stream, while holding that contradictory statements made by him during the proceedings could not be explained on the basis of an unproven claim of mental illness. A Division Bench comprising Justice Kalyan Rai Surana and Justice Shamima Jahan observed that a mere...

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...