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  • Commentaries
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Gauhati High Court Case Commentaries

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

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

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

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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...
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