Gauhati High Court
Police Encounter Was Avoidable Had State Acted Earlier: Gauhati High Court Awards ₹25 Lakh Compensation To Victim's Family
The Gauhati High Court has awarded compensation to the family of a cultivator from Chirang district who died during a police operation in December 2016, after holding that despite prior intelligence inputs, the authorities failed to act in a timely and documented manner, making the incident avoidable and resulting in infringement of Article 21.The division bench comprising Justice Kalyan...
Gauhati High Court Weekly Round-Up : January 26 - February 01, 2026
Nominal Index [Citations: 2025 LiveLaw (Gau) 13-19]Hem Bahadur Pradhan @ Newar and Anr. v The State of Assam and 3 Ors. 2026 LiveLaw (Gau) 13Md. Kari alias Md. Jiyauddin v Union of India 2026 LiveLaw (Gau) 14Tufazzul Hussain v. Fulmala Khatun 2026 LiveLaw (Gau) 15Kurban Ali v Union of India & Ors. 2026 LiveLaw (Gau) 16Sri Madhu Ram Deka v. The State of Assam & Anr. 2026 LiveLaw...
Gauhati High Court Declines Compassionate Appointment Due To Delay But Grants Compensation For 'Arbitrary' Rejection
In a writ petition seeking a direction for fresh consideration of a compassionate appointment claim, the Gauhati High Court has held that such relief cannot be granted where nearly 13 years have elapsed since the death of the employee, observing that compassionate appointment is meant to provide immediate relief and must be proximate to the date of death, and that in the present case the...
Non-Disclosure Of Quality & Cost Based Selection Criteria In Tender By Itself Not Enough To Allege Malafides: Gauhati High Court
The Gauhati High Court has held that mere non-disclosure of use of Quality and Cost Based Selection (QCBS) method in selection of tender would not by itself give rise to allegations of malafides, favouritism or corruption by parties. Such ground cannot be raised, particularly where the decision to adopt such QCBS method was taken well before issuance of tender and at a stage when the identity...
S.143A NI Act | No Interim Compensation In Cheque Bounce Case If Accused's Defence Is Prima Facie Plausible: Gauhati High Court
The Gauhati High Court has held that where there are disputed questions requiring adjudication through evidence, it may not be prudent to grant interim compensation under Section 143-A of the Negotiable Instruments Act at that stage.Justice Pranjal Das accordingly set aside a trial court order directing payment of 20% of the cheque amount as interim compensation. The bench observed, "The...
Oral Evidence Can't Prove Citizenship Without Documentary Linkage: Gauhati High Court Dismisses Challenge To Foreigners' Tribunal Opinion
The Gauhati High Court dismissed a writ petition challenging a Foreigners' Tribunal opinion, holding that the petitioner had “miserably failed” to prove that he is a citizen of India and born out of bona fide citizens, and finding no perversity or error on the face of the record in the Tribunal's decision declaring him a foreigner A division bench comprising Justice Kalyan Rai Surana...
Marriage Can't Be Dissolved By Way Of Affidavit Made Before Notary: Gauhati High Court
The Gauhati High Court has held that a marriage cannot be dissolved by way of an affidavit made before a Notary, and that in the absence of any material showing invocation of the Dissolution of Muslim Marriages Act, 1939, a claim of divorce based merely on a notarised affidavit cannot be accepted. Setting aside the Family Court's maintenance order, the Court found that the Respondent's...
Bar On Bail Under Section 37 NDPS Act Lifted Where Co-Accused Acquitted On Same Evidence: Gauhati High Court
The Gauhati High Court granted bail to an NDPS accused after holding that, once the co-accused in the same case (tried separately) had been acquitted and such findings had not been disturbed in appeal, the Court was bound to proceed on the basis that those findings were valid for the purpose of bail, thereby satisfying the twin conditions under Section 37 of the NDPS Act.Justice Sanjeev...
Writ Court Under Article 226 Examines Decision-Making Process, Not Merits: Gauhati High Court Refuses To Interfere With PDS Licence Cancellation
The Gauhati High Court declined to interfere with the cancellation of a fair price shop (PDS) licence, holding that its writ jurisdiction under Article 226 is confined to examining the decision-making process and not the merits of the decision, and finding that no case for interference was made out.Justice Sanjay Kumar Medhi, presiding over the case, said, “The certiorari jurisdiction to...
No Requirement To Issue Pre-Cognizance Notice U/S 223 BNSS To Accused In Cheque Bounce Complaint: Gauhati High Court
Relying on the Supreme Court's decision in Sanjabij Tari vs. Kishore S. Borcar 2025 LiveLaw (SC) 952, the Gauhati High Court has held that a Magistrate is not required to issue notice to the accused at the pre-cognizance stage in a complaint under Section 138 of the Negotiable Instruments (NI) Act. The Court clarified that issuing such notice by invoking the first proviso to Section 223(1) of...
Tender | Common Site Photograph By Bidders Not Proof Of Cartelisation; Integrity Commitment Must Be Breached: Gauhati High Court
The Gauhati High Court while refusing to interfere with the award of a Public Works Department contract for construction of a Circuit House at Udalguri, held that an allegation of cartelisation raised by an unsuccessful bidder based solely on a common photograph enclosed with site-visit certificates of two competing bidders cannot be accepted in the absence of any concrete material showing...
PC Act Proceedings Can't Continue On Hearsay Evidence With No Nexus To Official Duty: Gauhati High Court
The Gauhati High Court has held that proceedings under the Prevention of Corruption Act, 1988 cannot be sustained against an accused Home Guard where the materials on record are only hearsay and do not disclose any nexus with the discharge of official duties. Justice Sanjeev Kumar Sharma, presiding over the case, held, “As regards the petitioner No.2, I find sufficient force in the...