Gauhati High Court Case Commentaries

Prior Criminal Court Finding on Relationship/Childbirth as Res Judicata in Section 125 Cr.P.C. Maintenance; DNA Test Only on Strong Prima Facie Non-Access

Date: Aug 22, 2026

Prior Criminal Court Finding on Relationship/Childbirth as Res Judicata in Section 125 Cr.P.C. Maintenance; DNA Test Only on Strong Prima Facie Non-Access Case: RAFIQUE UDDIN SEKH @ RAFIQUE UDDIN v....

Detention Under NDPS Section 42 as “Custody”: 24-Hour Production Rule Runs from Initial Detention (Gauhati High Court)

Date: Aug 22, 2026

Detention Under NDPS Section 42 as “Custody”: 24-Hour Production Rule Runs from Initial Detention, Not Formal Arrest Case: HEMANTA BORDOLOI v. THE UNION OF INDIA (2026 GAU-AS 11941) | Court: Gauhati...

Writ for FIR Registration is Premature Unless BNSS Remedies under Sections 173(4) and 175(3) are Exhausted

Date: Aug 20, 2026

Writ for FIR Registration is Premature Unless BNSS Remedies under Sections 173(4) and 175(3) are Exhausted Case: SATYABRATA DEY v. THE STATE OF ASSAM AND 2 ORS Court: Gauhati High Court (Assam,...

Periodic Enhancement of Conventional Heads and Mandatory Parental Consortium (with Future Prospects) in Motor Accident Fatality Claims

Date: Aug 19, 2026

Periodic Enhancement of Conventional Heads and Mandatory Parental Consortium (with Future Prospects) in Motor Accident Fatality Claims Case: SMT PUTUL DEKA and 2 ORS v. KAMAL RAJBONGSHI and ANR....

Non-communication of Termination Makes It Inoperative, But Does Not Regularise Irregular Teacher Appointments or Nullify Unchallenged Subsequent Policy Accommodation

Date: Aug 18, 2026

Non-communication of Termination Makes It Inoperative, But Does Not Regularise Irregular Teacher Appointments or Nullify Unchallenged Subsequent Policy Accommodation 1. Introduction The Gauhati High...

Writ Court Will Not Adjudicate Disputed ICPS Reimbursement Entitlements; Liberty to Sue with Exclusion of Limitation and Time-Bound Administrative Consideration

Date: Aug 18, 2026

Writ Court Will Not Adjudicate Disputed ICPS Reimbursement Entitlements; Liberty to Sue with Exclusion of Limitation and Time-Bound Administrative Consideration 1. Introduction The Gauhati High...

Writ-Ordered Verification and Release of Verified Contractor Dues Under Article 226 (Applying Tamsher Ali)

Date: Aug 18, 2026

Writ-Ordered Verification and Release of Verified Contractor Dues Under Article 226 (Applying Tamsher Ali) 1. Introduction In SUDHANG KUMAR BRAHMA v. THE BODOLAND TERRITORIAL COUNCIL AND 3 ORS. (2026...

Locus Standi to Challenge Eviction Notice Requires Link to the Notified Dag; Right to Obtain Jamabandi/Trace Map on Fee-Based Application

Date: Aug 18, 2026

Locus Standi to Challenge Eviction Notice Requires Link to the Notified Dag; Right to Obtain Jamabandi/Trace Map on Fee-Based Application 1. Introduction In HASENA BEWA AND 10 ORS v. THE STATE OF...

Bail Conditions Must Be Practicable: High Court Power under BNSS to Modify Onerous Bond/Local Surety and Clarify No Cash Deposit

Date: Aug 12, 2026

Bail Conditions Must Be Practicable: High Court Power under BNSS to Modify Onerous Bond/Local Surety and Clarify No Cash Deposit Case: Kamin Taloh v. The State of AP and Anr Citation: 2026 GAU-AP 768...

Litigant Not to Suffer for Counsel’s Default: Restoration of Appeal and Condonation of Delay Under a Justice-Oriented Approach

Date: Aug 8, 2026

Litigant Not to Suffer for Counsel’s Default: Restoration of Appeal and Condonation of Delay Under a Justice-Oriented Approach 1) Introduction In Kabak Bhatt v. Ms Biki Shapiong (Gauhati High Court,...

No Vested Right to Retain Government Quarters Against Redevelopment Policy: Limited Judicial Review and Time-Bound Vacation

Date: Aug 5, 2026

No Vested Right to Retain Government Quarters Against Redevelopment Policy: Limited Judicial Review and Time-Bound Vacation 1. Introduction Case: Ms Mary Megu v. The State of AP and 5 Ors (Gauhati...

Sanctioned-Strength-Based Allocation of Promotional Quota in a Common Cadre Upheld under Articles 14 & 16

Date: Jul 22, 2026

Sanctioned-Strength-Based Allocation of Promotional Quota in a Common Cadre Upheld under Articles 14 & 16 1. Introduction In Kayin Ering and 4 Ors v. The State of AP and 15 Ors (Gauhati High Court,...

Rule 13 Permission Breach Is Misconduct, Not a Ground to Invalidate a Recognised Degree—Seniority-Based Right to In‑Charge Principalship

Date: Jul 14, 2026

Rule 13 Permission Breach Is Misconduct, Not a Ground to Invalidate a Recognised Degree—Seniority-Based Right to In‑Charge Principalship 1. Introduction In MRS MALLIKA DEVI v. THE STATE OF ASSAM AND...

Disclosure of “Reason to Believe” in PMLA Provisional Attachment Orders & Attachment of Equivalent-Value Assets (Pre-Offence Purchases)

Date: Jul 3, 2026

Disclosure of “Reason to Believe” in PMLA Provisional Attachment Orders & Attachment of Equivalent-Value Assets (Pre-Offence Purchases) Case: MRIG MRINAL DHAWAN v. THE UNION OF INDIA AND ANR (Gauhati...

Contractual Termination in a Private UGC-Regulated University: No Writ Remedy Absent Statutory Service Conditions or a Public-Law Nexus

Date: Jun 23, 2026

Contractual Termination in a Private UGC-Regulated University: No Writ Remedy Absent Statutory Service Conditions or a Public-Law Nexus 1. Introduction In ANJUMAN ARA BEGUM v. THE ASSAM ROYAL GLOBAL...

Probate cannot rest on an unproved copy: Section 65 foundation and strict proof of attestation under Section 63(c)

Date: Jun 23, 2026

Probate cannot rest on an unproved copy: Section 65 foundation and strict proof of attestation under Section 63(c) 1. Introduction The Gauhati High Court in SRI SHIBU THAKUR v. KANTI DEVI and ANR...

Recovery of “Excess” Gratuity from Retired Employees Is Impermissible Absent Fraud or Misrepresentation

Date: May 1, 2026

Recovery of “Excess” Gratuity from Retired Employees Is Impermissible Absent Fraud or Misrepresentation 1. Introduction Case: Jahindra Brahma v. The State of Assam and 5 Ors (Gauhati High Court,...

Registrar’s Binding Jurisdiction Under Section 49(2)(l) to Decide Chief Executive/Secretary–Board Removal Disputes (Assam Co-operative Societies Act, 2007)

Date: Apr 8, 2026

Registrar’s Binding Jurisdiction Under Section 49(2)(l) to Decide Chief Executive/Secretary–Board Removal Disputes (Assam Co-operative Societies Act, 2007) 1. Introduction This Division Bench...

Newly Created Higher Judicial Service Posts Cannot Be Filled by Clubbing with an Ongoing Recruitment: “Future Vacancy” Bar and Fresh Quota Calibration Post–All India Judges Association

Date: Apr 7, 2026

Newly Created Higher Judicial Service Posts Cannot Be Filled by Clubbing with an Ongoing Recruitment: “Future Vacancy” Bar and Fresh Quota Calibration Post–All India Judges Association 1....

Constructive Res Judicata in Repetitive Selection Litigation: Finality and Time-Bound Administrative Determination of Marks and Appointment

Date: Apr 7, 2026

Constructive Res Judicata in Repetitive Selection Litigation: Finality and Time-Bound Administrative Determination of Marks and Appointment Case: SRI SAJAL KAMAL DAS v. THE STATE OF ASSAM AND ORS...