Centre Notifies Appointment Of Permanent Judges For Uttarakhand And Gauhati High Courts

The Central Government on Thursday (October 1) notified appointment of permanent judges for Uttarakhand And Gauhati High Courts. For context, Supreme Court Collegium had on September 23 recommended permanent appointment of Justice Kaushik Goswami, Additional Judge of Gauhati High Court. The Collegium had also recommended permanent appointment for Justice Subhash Upadhyay, Additional Judge...

Advocates Not Responsible For Petitioner's Whereabouts After Filing, But Must Verify Genuineness While Accepting Vakalatnama: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that advocates cannot be held responsible for the physical whereabouts of a writ petitioner after filing, however, they must exercise care while accepting Vakalatnama and satisfy themselves about the genuineness of the litigant. Background Facts The appellants...

Mutual Transfer Is Permissible Only If Both Employees Are Governed By Same Service Rules: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita held that mutual transfer is permissible only if both employees are governed by the same Service Rules, i.e. the Assam Directorate Establishment (Ministerial) Service Rules, 1973. Background Facts The respondents were Junior Assistants in the Animal Husbandry...

Supreme Court Collegium Recommends Permanent Judges For Uttarakhand And Gauhati High Courts

The Supreme Court Collegium on Wednesday (September 23) recommended permanent appointment of Justice Kaushik Goswami, Additional Judge of Gauhati High Court. The stated:"The Supreme Court Collegium, in its meeting held on 23rd September 2026, has approved the proposal for appointment of Shri Justice Kaushik Goswami, Additional Judge as Permanent Judge of the Gauhati High Court".The Collegium...

Assam Land Requisition Act | Landowner's Appeal Must Be Decided Before Possession Is Taken: Gauhati High Court

The Gauhati High Court has held that the right of appeal under Section 3(3) of the Assam Land (Requisition and Acquisition) Act, 1964 is a substantive right and cannot be rendered illusory by taking possession of the land before the appeal is decided.Justice Manish Choudhury observed, “If a statute provides such a right to appeal, such right to appeal is not to be illusory. A right to...

Forest Department Can't Evict Alleged Encroachers Without Following Supreme Court Directions In Abdul Khalek: Gauhati High Court

The Gauhati High Court has held that if the Forest Department proposes to take action against alleged occupants of a reserved forest, it must follow the procedure laid down by the Supreme Court in Abdul Khalek v. State of Assam.Justice Devashis Baruah, observed, “...taking into account the directions, which were passed by the Supreme Court in Abdul Khalek (supra), whereby there was a...

Borrower Of Vehicle Steps Into Shoes Of Owner, Can't Claim Compensation U/S 163A MV Act Against Owner & Insurer: Gauhati High Court

The Gauhati High Court has held that a permissive user who borrows a vehicle and steps into the shoes of its owner cannot claim compensation under Section 163A of the Motor Vehicles Act against the owner and insurer of that vehicle.Justice Manish Choudhury observed, “The claimant was a permissive user and the borrower of the two-wheeler which he borrowed from the owner. He had, thus,...

S.144 BNSS | Disputed Marital Relationship Requires Evidence At Trial: Gauhati High Court Refuses To Quash Maintenance Proceedings

The Gauhati High Court has held that maintenance proceedings cannot be quashed where the nature of the alleged marital relationship between the parties requires determination through evidence at trial.Justice Sanjeev Kumar Sharma observed, "Although the contradictory statements of the respondent made in different proceedings as to the dates and places of marriage do create some doubt...

Parked Vehicle Not Liable For Contributory Negligence Where Driver Had Sufficient Time To Exercise Due Care: Gauhati High Court

The Gauhati High Court has held that no negligence or contributory negligence could be attributed to an oil tanker parked on the left side of the National Highway when the vehicle which hit it from behind had sufficient time to exercise due care and caution.Justice Manish Choudhury observed, “this Court does not find any negligence on the part of the oil tanker, much less...

State Must Pay Dues For Private Vehicles Hired For Law & Order Duties After Verification: Gauhati High Court

The Gauhati High Court has held that where private vehicles were admittedly taken on hire by government authorities, the owner would be entitled to the amounts due upon proper verification of the claims.Justice Devashis Baruah observed, “as it is an admitted fact that the Petitioner's vehicles were taken on hire by the Respondent Authorities, the Petitioner would be entitled to the amounts...

Furniture Shops Must Register Under Assam Wood-Based Industry Rules, But Non-Compliance Is Not 'Forest Offence': Gauhati High Court

The Gauhati High Court has held that furniture businesses falling within the category of Secondary Wood-Based Industrial Units under the Assam Wood-Based Industries Rules, 2022 are required to register, but breach of the Rules cannot by itself constitute a “forest offence” where no punishment is prescribed.Justice Devashis Baruah held, “The above analysis would make it apparent that for...

Doctor's Registration Can't Be Withdrawn Without Effective Hearing, Reasoned Order: Gauhati High Court

The Gauhati High Court has held that the power of the Ethical Committee under Section 32(D) of the Assam Medical Council Act, 1999 to withdraw a doctor's registration is quasi-judicial and must be exercised consistently with natural justice, including an effective hearing, independent consideration of the material and a reasoned order.Justice Kaushik Goswami, observed, “The power...