Amassing Disproportionate Assets Not Relatable To Discharge Of Public Functions; Sanction U/S 17A PC Act Not Needed: Gauhati High Court

The Gauhati High Court has reiterated that prior approval under Section 17A of the Prevention of Corruption Act, 1988 is not required before investigating allegations of disproportionate assets, as such allegations are not relatable to any recommendation made or decision taken by a public servant in the discharge of official functions. [2026 LiveLaw (Gau) 100] Justice Mridul Kumar Kalita...

Govt Employee's Failure To Obtain Prior Permission For Higher Studies Is Misconduct, But Not Ground To Invalidate Degree: Gauhati High Court

The Gauhati High Court has held that while a government employee's failure to obtain prior permission to pursue higher studies amounts to misconduct under Rule 13 of the Assam Civil Service (Conduct) Rules, 1965, it cannot be a ground to invalidate a degree obtained from a recognised university.Justice N. Unni Krishnan Nair observed:“The violation of Rule 13 would amount to a misconduct...

No Bar On Trade In Ornamental Fish Species Not Protected Under Wildlife Law: Gauhati High Court

The Gauhati High Court has held that there is no bar on fishing, cultivation, trade or business in ornamental fish species not protected under wildlife laws. It clarified that the prohibition continues to apply to Channa barca, an endangered species included in the Schedule to the Wildlife (Protection) Act, 1972.The Court also held that there was no requirement to constitute an expert...

Employees' Compensation Act | Gauhati High Court Enhances Award After Finding Commissioner Ignored Employer's Admission On Driver's Salary

The Gauhati High Court has enhanced the compensation payable to the family of a deceased driver after holding that the Commissioner, Workmen's Compensation, Barpeta, committed perversity by ignoring the employer's admission regarding the deceased's monthly salary while assessing compensation under the Employees' Compensation Act, 1923.Justice Mridul Kumar Kalita allowed the appeal and...

Appointment Of Mizoram State Human Rights Commission Chairperson, Members Under Process: State Tells Gauhati High Court

The Gauhati High Court's Aizawl Bench was recently informed that the appointment of the Chairperson and members of the Mizoram State Human Rights Commission is under process and that the requisite notification would be issued after obtaining the Governor's approval.A division bench of Justice Nelson Sailo and Justice Shamima Jahan was hearing a PIL seeking directions to the State of Mizoram...

Notice To Existing Co-Owner Mandatory Before Mutation Of Land Purchased Through Sale Deed: Gauhati High Court

The Gauhati High Court has held that a mutation granted without issuing notice to an existing co-owner of the land is contrary to Section 52 of the Assam Land and Revenue Regulation, 1886. The Court declined to interfere with the Assam Board of Revenue's order setting aside such mutation, while clarifying that the purchaser remains at liberty to seek mutation afresh in accordance with...

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...

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...