Gauhati High Court Case Commentaries

Commission of Inquiry Reports Violating Sections 8B/8C: “Nonest as Against Individuals”, Yet Not Quashed—Limits on Disciplinary Reliance

Date: Apr 2, 2026

Commission of Inquiry Reports Violating Sections 8B/8C: “Nonest as Against Individuals”, Yet Not Quashed—Limits on Disciplinary Reliance Case: CHAKRADHAR DEKA v. THE State of ASSAM AND ORS (Batch of...

Family pension for pre-2005 retired/deceased deficit-college employees: 2020 extension under Section 8A cures CPF-refund delay; rejection on irrelevant 2012 “option” grounds is perverse

Date: Mar 20, 2026

Family pension for pre-2005 retired/deceased deficit-college employees: 2020 extension under Section 8A cures CPF-refund delay; rejection on irrelevant 2012 “option” grounds is perverse Case: NIZARA...

Negative DNA Result Not Fatal to POCSO Conviction When Victim Testimony and Medical Corroboration Are Credible

Date: Mar 18, 2026

Negative DNA Result Not Fatal to POCSO Conviction When Victim Testimony and Medical Corroboration Are Credible 1. Introduction In NRIPEN RABHA v. STATE OF ASSAM AND ANR. (Gauhati High Court,...

Non-Punitive “Unsuitability” Discharge under Air Force Rule 15(2)(g)(ii) Based on Cumulative Red-Ink Record and Limited Judicial Review

Date: Mar 11, 2026

Non-Punitive “Unsuitability” Discharge under Air Force Rule 15(2)(g)(ii) Based on Cumulative Red-Ink Record and Limited Judicial Review 1. Introduction In DWIPJYOTI TALUKDAR v. THE UNION OF INDIA AND...

Bail where Vendor-Dues Dispute is Predominantly Civil: Cheating/Criminal Breach of Trust Require Mens Rea at Inception and Clear Entrustment (Gauhati High Court)

Date: Feb 28, 2026

Bail where Vendor-Dues Dispute is Predominantly Civil: Cheating/Criminal Breach of Trust Require Mens Rea at Inception and Clear Entrustment 1) Introduction In MUKESH JALAN v. THE STATE OF ASSAM...

Predetermined Show-Cause Notices and Prosecutorial Enquiry Officers Vitiate Disciplinary Proceedings: Due-Process Standards for Departmental Enquiries

Date: Feb 25, 2026

Predetermined Show-Cause Notices and Prosecutorial Enquiry Officers Vitiate Disciplinary Proceedings: Due-Process Standards for Departmental Enquiries 1. Introduction In MD. MIZANUL HOQUE v. STATE OF...

NSA Detention Invalid if Detenu Not Informed of Right to Represent to Detaining Authority; Unexplained Delay in Representation Disposal Vitiates Detention

Date: Feb 21, 2026

NSA Detention Invalid if Detenu Not Informed of Right to Represent to Detaining Authority; Unexplained Delay in Representation Disposal Vitiates Detention Case: VICTOR DAS v. THE UNION OF INDIA AND 4...

Pending Departmental Enquiry Bars In‑Charge (Ad hoc) Headmaster Posting as a Promotional Benefit, Despite Validity of Degree Obtained Without Permission

Date: Feb 6, 2026

Pending Departmental Enquiry Bars In‑Charge (Ad hoc) Headmaster Posting as a Promotional Benefit, Despite Validity of Degree Obtained Without Permission Case: THE STATE OF ASSAM AND ORS. v. MADHAB...

Limits of Certiorari Review in PDS Licence Cancellation: High Court Confines Scrutiny to Decision-Making Process and Statutory Appeal Framework

Date: Jan 23, 2026

Limits of Certiorari Review in PDS Licence Cancellation: High Court Confines Scrutiny to Decision-Making Process and Statutory Appeal Framework 1. Introduction In HEM BAHADUR PRADHAN @ NEWAR AND ANR....

Lok Adalat Settlements Require Party Presence/Free Consent; Counsel Must Hold Written Authority to Compromise

Date: Jan 9, 2026

Lok Adalat Settlements Require Party Presence/Free Consent; Counsel Must Hold Written Authority to Compromise 1. Introduction In MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD v. HAKIM UDDIN AND ANR...

Undisclosed QCBS as a Curable Procedural Illegality in Advanced Public Works Tenders

Date: Dec 20, 2025

Undisclosed QCBS as a Curable Procedural Illegality in Advanced Public Works Tenders: No Cancellation Absent Mala Fides; Prospective Transparency Mandate 1. Introduction This writ appeal before the...

Compensation for Discriminatory Rejection of Compassionate Appointment Claims When Reconsideration Is Barred by Delay

Date: Dec 17, 2025

Compensation for Discriminatory Rejection of Compassionate Appointment Claims When Reconsideration Is Barred by Delay 1. Introduction In UDIT NARAYAN PURKAYASTHA v. THE STATE OF ASSAM AND 6 ORS...

Section 10(4) POSH Conciliation Bars Only ICC/LC Inquiry, Not Employer’s Independent Disciplinary Proceedings

Date: Dec 10, 2025

Section 10(4) POSH Conciliation Bars Only ICC/LC Inquiry, Not Employer’s Independent Disciplinary Proceedings 1. Introduction This intra-court appeal before the Gauhati High Court arose from...

Procedural Fairness and Natural Justice in Arunachal Pradesh Customary Courts: Commentary on Rippe Mayi v. Tumli Nyorak / Mayi & Anr, 2025 GAU-AP 1326

Date: Nov 27, 2025

Procedural Fairness and Natural Justice in Arunachal Pradesh Customary Courts: A Commentary on Rippe Mayi v. Tumli Nyorak / Mayi & Anr, 2025 GAU-AP 1326 1. Introduction This commentary examines the...

Implementing Mayoral Reservation Without Framed Rules: Commentary on Bharat Cheda v. State of Arunachal Pradesh

Date: Nov 21, 2025

Implementing Mayoral Reservation Without Framed Rules: Commentary on Bharat Cheda v. State of Arunachal Pradesh 1. Introduction The decision of the Gauhati High Court (Itanagar Permanent Bench) in...

Disabled Child’s Right to Caregiver Presence in Armed Forces Posting Decisions – Commentary on Major Niklesh Kumar Lohani v. Union of India

Date: Nov 19, 2025

Disabled Child’s Right to Caregiver Presence in Armed Forces Posting Decisions Commentary on Major Niklesh Kumar Lohani v. Union of India, 2025 GAU-AS 15605 (Gauhati High Court) 1. Introduction The...

Retrospective CAS Promotion after Superannuation: Financial Entitlement without Extended Service or Pension – Commentary on Dr. Satyajit Paul v. State of Assam

Date: Nov 19, 2025

Retrospective CAS Promotion after Superannuation: Financial Entitlement without Extended Service or Pension – Commentary on Dr. Satyajit Paul v. State of Assam I. Introduction The decision of the...

Primacy of MSME Facilitation Council Arbitration over GeM Contract Clauses and Limits of Writ Jurisdiction: Commentary on LGBRIMH v. Green Alliance (Gauhati High Court, 18 Nov 2025)

Date: Nov 19, 2025

MSMED Act Arbitration Overrides GeM Arbitration Clauses and Writ Jurisdiction is Not a Substitute: A Commentary on LGBRIMH v. Green Alliance Engineering Services Pvt. Ltd. 1. Introduction 1.1. The...

Strict Compliance with Section 81(3) in Election Petitions: The Imperative of Proper Attestation

Date: Apr 11, 2025

Strict Compliance with Section 81(3) in Election Petitions: The Imperative of Proper Attestation Introduction The judgment in KRIPANATH MALLAH v. HAFIZ RASHID AHMED CHOUDHURY represents a crucial...

Ensuring Reliability of Child Witness Testimony in POCSO Trials: Medical Evidence and ‘Sterling Quality’ Standard

Date: Apr 2, 2025

Ensuring Reliability of Child Witness Testimony in POCSO Trials: Medical Evidence and ‘Sterling Quality’ Standard Introduction In Promud Yadav v. The State of Assam & Anr. (2025 Gauhati High Court,...