Gauhati High Court Case Commentaries

Misconception of Consent in Long-Term Relationships: Reinterpreting Section 417 IPC in Guluk Kathar v. State of Assam

Date: Jan 23, 2025

Misconception of Consent in Long-Term Relationships: Reinterpreting Section 417 IPC in Guluk Kathar v. State of Assam Introduction The judgment in Guluk Kathar v. State of Assam marks a significant...

Ensuring Mandatory Consideration Under the Probation of Offenders Act: A New Precedent from the Gauhati High Court

Date: Jan 7, 2025

Ensuring Mandatory Consideration Under the Probation of Offenders Act: A New Precedent from the Gauhati High Court 1. Introduction The Judgment of the Gauhati High Court in the matter of Abdur Rahman...

Reiterating the Necessity of Demonstrating a “Real Possibility of Bail” in Preventive Detention Orders

Date: Dec 13, 2024

Reiterating the Necessity of Demonstrating a “Real Possibility of Bail” in Preventive Detention Orders I. Introduction This commentary examines the recent decision in Shri Gurmej Singh Batth v. State...

Establishing a Three-Month Limit for Deemed Suspension under Assam Services Rules: RAFED ALI AHMED v. The State of Assam

Date: Feb 18, 2023

Establishing a Three-Month Limit for Deemed Suspension under Assam Services Rules: RAFED ALI AHMED v. The State of Assam Introduction The case of RAFED ALI AHMED v. The State of Assam and 3 Ors...

Regularization of Irregular Appointments and Applicability of NDCPS: Abani Baruah & 44 ORS v. State of Assam

Date: May 11, 2022

Regularization of Irregular Appointments and Applicability of NDCPS: Abani Baruah & 44 ORS v. State of Assam Introduction The case of Abani Baruah and 44 Others v. The State of Assam and Others was...

Expanded Interpretation of "Neighbourhood" in Fishery Settlements under Assam Fishery Rules: Gauhati High Court Sets New Precedent

Date: Apr 28, 2022

Expanded Interpretation of "Neighbourhood" in Fishery Settlements under Assam Fishery Rules: Gauhati High Court Sets New Precedent Introduction The case of Pub Goalpara Fishery Co-Operative Society,...

Gauhati High Court Upholds Old Pension Scheme for Recruitees Initiating Selection in 2003

Date: Feb 5, 2022

Gauhati High Court Upholds Old Pension Scheme for Recruitees Initiating Selection in 2003 Introduction In the landmark case of Sanjay Kumar And Another v. Union Of India, the Gauhati High Court...

Gauhati High Court Upholds Fair Tender Practices in Fishery Settlements

Date: Nov 3, 2021

Gauhati High Court Upholds Fair Tender Practices in Fishery Settlements Introduction In the landmark case of Malegarh Gobindapur Fishery Cooperative Society Ltd. v. State Of Assam, the Gauhati High...

Reaffirming Burden of Proof and Evidentiary Standards in Foreigners Tribunal Proceedings: Haidar Ali v. Union of India

Date: Mar 31, 2021

Reaffirming Burden of Proof and Evidentiary Standards in Foreigners Tribunal Proceedings Haidar Ali v. Union of India Introduction The case of Haidar Ali v. Union of India, adjudicated by the Gauhati...

Gauhati High Court Establishes Non-Retrospectivity of Per Incuriam Judgments in Central Excise Refunds

Date: Mar 13, 2021

Gauhati High Court Establishes Non-Retrospectivity of Per Incuriam Judgments in Central Excise Refunds Introduction The case of M/S JOYSHREE POWEROL v. UNION OF INDIA AND 3 ORS, adjudicated by the...

Gauhati High Court Establishes Finality of Refunds Under Central Excise Act Amidst Per Incuriam Judgments

Date: Mar 13, 2021

Gauhati High Court Establishes Finality of Refunds Under Central Excise Act Amidst Per Incuriam Judgments Introduction The case of KAMLANG SAW AND VENEER MILLS PVT. LTD. v. UNION OF INDIA AND 3 ORS....

Gauhati High Court Establishes Finality of Refunds Under Prevailing Law Despite Subsequent Per Incuriam Rulings

Date: Mar 13, 2021

Gauhati High Court Establishes Finality of Refunds Under Prevailing Law Despite Subsequent Per Incuriam Rulings Introduction The case of M/S CENT PLY v. Union of India and 2 Ors. was adjudicated in...

Assam Carbon Products Ltd. v. Union of India and Anr.: A Landmark Judgment on Erroneous Refunds and Judicial Finality

Date: Mar 13, 2021

Assam Carbon Products Ltd. v. Union of India and Anr.: A Landmark Judgment on Erroneous Refunds and Judicial Finality Introduction In the case of Assam Carbon Products Ltd. v. Union of India and...

Erroneous Refunds of Education Cess under Central Excise Act: Gauhati High Court’s Stance

Date: Mar 13, 2021

Erroneous Refunds of Education Cess under Central Excise Act: Gauhati High Court’s Stance Introduction The case of M/S Jumbo Roofing and Tiles v. Union of India and 3 Ors. was adjudicated by the...

Gauhati High Court Establishes Boundaries on Erroneous Refund Recovery under Central Excise Act

Date: Mar 13, 2021

Gauhati High Court Establishes Boundaries on Erroneous Refund Recovery under Central Excise Act Introduction In the landmark case M/S. Bulland Cement Pvt. Ltd. v. The Union of India and 4 Ors., the...

Finality of Judicial Decisions: Insights from Topcem India v. Union of India

Date: Mar 13, 2021

Finality of Judicial Decisions: Insights from Topcem India v. Union of India Introduction In the landmark case of Topcem India, Rep By Sri. Arun Kejriwal v. Union Of India, Rep. By The Secretary To...

Presumption of Guilt and Reverse Burden of Proof Under POCSO Act: Comprehensive Analysis of Bhupen Kalita v. State Of Assam

Date: Jun 6, 2020

Presumption of Guilt and Reverse Burden of Proof Under POCSO Act: Comprehensive Analysis of Bhupen Kalita v. State Of Assam Introduction Bhupen Kalita v. State Of Assam, decided by the Gauhati High...

Gauhati High Court Establishes Non-Applicability of NPS for Pre-2005 Regular Appointments in "Manati Basumatary v. State of Assam"

Date: Jan 31, 2020

Gauhati High Court Establishes Non-Applicability of NPS for Pre-2005 Regular Appointments in "Manati Basumatary v. State of Assam" Introduction The case of Manati Basumatary v. State of Assam emerged...

Burden of Proof and Circumstantial Evidence: Insights from Krishna Chetry v. State Of Assam

Date: Jan 10, 2020

Burden of Proof and Circumstantial Evidence: Insights from Krishna Chetry v. State Of Assam Introduction The case of Krishna Chetry v. State Of Assam And Another adjudicated by the Gauhati High Court...

ONGC v. Union of India: Establishing Employment Status of Contract Labour in Perennial Operations

Date: Jan 8, 2019

ONGC v. Union of India: Establishing Employment Status of Contract Labour in Perennial Operations Introduction The case of Oil And Natural Gas Corporation v. Union Of India And Ors., adjudicated by...