Bail Bond Amount Need Not Be Deposited In Cash For Release Of Accused: Gauhati High Court

The Gauhati High Court has clarified that the amount mentioned in a bail or surety bond cannot be treated as an amount required to be deposited in cash for securing release on bail.Justice Budi Habung observed, “it is hereby clarified that the amount specified in a personal/bail bond or surety bond does not mean that a cash deposit is required to be made before the police or the Court...

Litigant Should Not Suffer For Counsel's Lapse: Gauhati High Court Restores Appeal Dismissed For Non-Prosecution

The Gauhati High Court has reiterated that a litigant should not suffer due to the negligence of his counsel, while restoring an appeal dismissed for non-prosecution and condoning a delay of 123 days in seeking its restoration.Justice Pranjal Das observed, “The decision in Solim Manyu Vs. Benglum Manyu, CRP/21(AP)/2025 and N. Balakrishnan Vs. M. Krishnamurty reported in (1998) 7 SCC 123, would not come in the way of this revisional court approaching the matter in a justice-oriented manner,...

Societal Interest In Prosecuting Serious Offences Prevails Despite Settlement Between Parties: Gauhati High Court

The Gauhati High Court has held that a settlement between the accused and the victim cannot justify quashing criminal proceedings involving a serious offence where societal interest lies in prosecution of the offender.Justice Pranjal Das observed, “Thus, in serious offences, societal interest lies in prosecution of the offenders and adequate punishment, upon being found guilty. This...

Supreme Court Collegium Approves Appointment Of Advocate, Judicial Officer As Judges Of Gauhati High Court

The Supreme Court Collegium, in its meeting held on August 18, 2026, has approved the proposal for the appointment of two persons as Judges of the Gauhati High Court. The Collegium has recommended the appointment of Advocate Shri Nchumbemo Mozhui as a Judge of the Gauhati High Court. It has also approved the proposal for the appointment of Judicial Officer Smt. Helen Dawngliani as a Judge...

Declared Foreigner Who Re-Entered India After Expulsion Not Entitled To Bail Despite Prolonged Detention: Gauhati High Court

The Gauhati High Court recently held that a declared foreigner who was expelled from the country and re-entered the country illegally cannot claim bail on the ground of prolonged detention. The bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund held that the Immigration and Foreigners Order 2025 empowered the State to impose restrictions on the movement of...

Gauhati High Court Upholds Conviction, 15-Year Imprisonment Of Son Found Guilty Of Mother's Rape

The Gauhati High Court has upheld the conviction of a man for rape of his mother, holding that the Supreme Court's observations on incestuous sexual violence requiring an "unsparing judicial response" would apply to the present case.A Division Bench of Justice Michael Zothankhuma and Justice Budi Habung observed, "In the present case, the perpetrator of the crime is the 33 year old son, who...

Gauhati High Court Quashes Defamation Case Against Asomiya Pratidin's Chief Editor, Printer And Publisher

The Gauhati High Court quashed criminal defamation proceedings against the Chief Editor and the Printer and Publisher of Asomiya Pratidin, taking note of the complainant's stand that the publication had not spoiled his reputation in society.Justice Shamima Jahan observed, “The first exception to section 499 IPC provides that it will not be defamation to impute anything which is true...

Mental Disability Alone Doesn't Establish Woman's Incapacity To Give Valid Consent: Gauhati High Court Sets Aside Rape Conviction

Court held specific expert evidence is required to establish if victim was incapable of understanding consequences.

Brutality Of Crime Alone Can't Justify Death Penalty: Gauhati High Court

The Gauhati High Court has held that brutality of a crime alone cannot justify confirmation of a death sentence and that capital sentencing must also consider whether the accused is capable of reformation before holding that life imprisonment is unquestionably foreclosed.A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed,"...the sentencing must be...

Courts Can Interfere With Expert Answer Key If It Is 'Palpably Erroneous'; Candidate Can't Be Penalised For Ambiguous Question: Gauhati High Court

The Gauhati High Court has held that judicial review is permissible where an answer key prepared by experts is shown, on the basis of authoritative and indisputable material, to be palpably erroneous, and that a candidate cannot be penalised for ambiguity in a question framed by the examining authority.Justice Kaushik Goswami observed, "However, such deference is not absolute. Where it...

No Fundamental Right To Gun License; Employment Need Doesn't Entitle Person To Renewal: Gauhati High Court

The Gauhati High Court has held that there is no fundamental right to obtain or renew a gun license, observing that a license under the Arms Act, 1959 is only a statutory privilege.A single judge Bench of Justice Sanjay Kumar Medhi made the observation while dismissing a plea by three persons who claimed that expiry of their gun licenses had rendered them jobless as the licenses were required...

Gauhati High Court Stays Recruitment To Assam State Consumer Commission, Says Process Prima Facie Contrary To SC Directions

The Gauhati High Court has stayed the recruitment process for appointment to the post of Non-Judicial Member of the Assam State Consumer Disputes Redressal Commission, holding that the selection process appeared, prima facie, to have been initiated in breach of directions issued by the Supreme Court concerning the Consumer Protection Rules, 2020.Justice Kaushik Goswami passed the interim order...