Gauhati High Court
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 Panchayat Act in 2023, and thus restored the election of President of Ghiladhari Mukh Gaon Panchayat which...
'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 the Complainant and the witnesses, if any, is not what is mandated under Section 223(1) of BNSS, 2023, rather...
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...