Gauhati High Court
Gauhati High Court Weekly Round-Up: February 02 - 08, 2026
Nominal Index [Citations: 2025 LiveLaw (Gau) 20-24] Anil Narzary v Union of India & Ors 2026 LiveLaw (Gau) 20Bhupendra Choudhury & Anr. v Arun Choudhury 2026 LiveLaw (Gau) 21Abu Ansar Azad & Ors. v. State of Assam & Ors. 2026 LiveLaw (Gau) 22Burhan Ali v State of Assam & Ors. 2026 LiveLaw (Gau) 23Md. Shah Alam v. State of Assam & Anr. 2026 LiveLaw (Gau) 24Judgments/...
S.138 NI Act | Initial Defect In Authorisation To File Cheque Bounce Case Is Curable Defect: Gauhati High Court
The Gauhati High Court has reiterated that a complaint under Section 138 of the Negotiable Instruments Act cannot be invalidated merely because there was a defect in authorisation at the time of its institution, as such a defect is curable and can be rectified even during trial or at the appellate stage. Justice Sanjeev Kumar Sharma, presiding over the case, reiterated, “any initial defect...
POCSO Probes Must Be Child-Friendly; Sensitise Investigators To Ensure 'Truth Emerges Without Ambiguity': Gauhati High Court
The Gauhati High Court has stressed that investigations under the Protection of Children from Sexual Offences (POCSO) Act must be conducted with sensitivity and strict adherence to child-friendly procedures, observing that failure to provide counselling support, appoint support persons and record clear, specific statements may defeat the very cause of justice. The Court cautioned that...
Six Members In First Meeting Fulfills Quorum To Elect President Of Village Council Under Assam Panchayat Rules: Gauhati High Court
The Gauhati High Court has held that the presence of 6 ward members would fulfill the quorum of the first meeting to elect President to a Gaon (Village) Panchayat as required under Rule 46 (3) of Assam Panchayat (Constitution) Rules after amendment to the state panchayat law. The court said that the quorum requirement must be understood in light of amendment to Section 6 of the Assam...
'Fixing Cut-Off Date Not Per Se Illegal': Gauhati High Court Upholds Assam Govt's SOP On Compassionate Appointment Claims
The Gauhati High Court has refused to interfere with Assam Government's Executive Order (Standard Operating Procedure) for compassionate appointment cases fixing a cut off date as criteria, holding that State is entitled to prescribe a uniform mechanism for dealing with such claims and fixing a cut-off date is not per se illegal.Justice Kaushik Goswami, presiding over the case, observed,...
Magistrate Must Examine Complainant, Witnesses On Oath Before Issuing Notice To Accused U/S 223 BNSS: Gauhati High Court
The Gauhati High Court has held that under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a Magistrate cannot issue notice to the accused before examining the complainant and witnesses on oath, and that doing so violates the statutory mandate. Justice Anjan Moni Kalita, presiding over the ruling, held, “issuance of notice to the accused prior to examination of...
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...