Section 21A Registration Act | Land Transfer NOC Must Be Issued Or Rejected By Speaking Order Within 30 Days: Gauhati High Court

The Gauhati High Court has held that Section 21A of the Registration Act, 1908 imposes a statutory mandate upon the jurisdictional Deputy Commissioner to either issue a No Objection Certificate for the transfer of immovable property or pass a speaking order rejecting it with reasons, within thirty days of receiving the application.Justice Manish Choudhury, presiding over the case, held, “It...

Mutation Doesn't Create Or Extinguish Title; Writ Against Cancellation Of Mutation Not Maintainable: Gauhati High Court

The Gauhati High Court has held that a mutation entry does not create or extinguish title over land and that where an order cancelling mutation is appealable under the Assam Land and Revenue Regulation, 1886, the High Court would not entertain a writ petition. Justice Manish Choudhury, presiding over the case, observed, "Mutation of a land in the revenue records does not create or extinguish...

Gauhati High Court Upholds Teacher's POCSO Conviction For Touching Minor's Body With Stethoscope, Pressing Breast & Private Parts

The Gauhati High Court last week upheld the conviction of a school teacher under POCSO Act holding that inappropriately touching a minor's body using a stethoscope, touching her breast, applying ointment on abdomen and touching her private parts on pretext of giving medical examination amounts to sexual harassment.The single judge bench comprising Justice Pranjal Das...

Gauhati High Court Closes PIL Seeking Establishment Of Mizoram State Human Rights Commission After State Constitutes Body

The Gauhati High Court at Aizawl closed a PIL seeking a directions to the Mizoram government to establish State Human Rights Commission, after the government informed that it has appointed the Chairperson as well as two members and that appointment of the staff will be finalised in a short while.This PIL was filed with a prayer to set up the State Human Rights Commission (SHRC) as per...

Gauhati High Court Upholds Entry Permits To Visit Nagaland Districts, Says 150-Year-Old Law Still Valid

The Gauhati High Court has upheld the notifications extending Inner Line Permit to Nagaland's largest city and commercial hub Dimapur, along with Chumoukedima and Niuland districts in the State, holding that Bengal Eastern Frontier Regulation (BEFR) of 1873 continues to remain a valid law under the Constitution.For context, the Inner Line Permit (ILP), which is stated to derive authority...

Amassing Disproportionate Assets Not Relatable To Discharge Of Public Functions; Sanction U/S 17A PC Act Not Needed: Gauhati High Court

The Gauhati High Court has reiterated that prior approval under Section 17A of the Prevention of Corruption Act, 1988 is not required before investigating allegations of disproportionate assets, as such allegations are not relatable to any recommendation made or decision taken by a public servant in the discharge of official functions. [2026 LiveLaw (Gau) 100] Justice Mridul Kumar Kalita...

Govt Employee's Failure To Obtain Prior Permission For Higher Studies Is Misconduct, But Not Ground To Invalidate Degree: Gauhati High Court

The Gauhati High Court has held that while a government employee's failure to obtain prior permission to pursue higher studies amounts to misconduct under Rule 13 of the Assam Civil Service (Conduct) Rules, 1965, it cannot be a ground to invalidate a degree obtained from a recognised university.Justice N. Unni Krishnan Nair observed:“The violation of Rule 13 would amount to a misconduct...

No Bar On Trade In Ornamental Fish Species Not Protected Under Wildlife Law: Gauhati High Court

The Gauhati High Court has held that there is no bar on fishing, cultivation, trade or business in ornamental fish species not protected under wildlife laws. It clarified that the prohibition continues to apply to Channa barca, an endangered species included in the Schedule to the Wildlife (Protection) Act, 1972.The Court also held that there was no requirement to constitute an expert...

Employees' Compensation Act | Gauhati High Court Enhances Award After Finding Commissioner Ignored Employer's Admission On Driver's Salary

The Gauhati High Court has enhanced the compensation payable to the family of a deceased driver after holding that the Commissioner, Workmen's Compensation, Barpeta, committed perversity by ignoring the employer's admission regarding the deceased's monthly salary while assessing compensation under the Employees' Compensation Act, 1923.Justice Mridul Kumar Kalita allowed the appeal and...

Appointment Of Mizoram State Human Rights Commission Chairperson, Members Under Process: State Tells Gauhati High Court

The Gauhati High Court's Aizawl Bench was recently informed that the appointment of the Chairperson and members of the Mizoram State Human Rights Commission is under process and that the requisite notification would be issued after obtaining the Governor's approval.A division bench of Justice Nelson Sailo and Justice Shamima Jahan was hearing a PIL seeking directions to the State of Mizoram...

Notice To Existing Co-Owner Mandatory Before Mutation Of Land Purchased Through Sale Deed: Gauhati High Court

The Gauhati High Court has held that a mutation granted without issuing notice to an existing co-owner of the land is contrary to Section 52 of the Assam Land and Revenue Regulation, 1886. The Court declined to interfere with the Assam Board of Revenue's order setting aside such mutation, while clarifying that the purchaser remains at liberty to seek mutation afresh in accordance with...

Introduction Of Written Test Midway Permissible If Recruitment Rules Don't Prescribe Procedure & Change Applies Uniformly: Gauhati HC

A Division Bench of the Gauhati High Court comprising Justice Nelson Sailo and Justice Pranjal Das held that a recruiting authority can introduce a written test mid-process in the absence of detailed rules, provided it is done before that stage is reached, is applied uniformly and is not arbitrary. Background Facts The State of Nagaland issued an advertisement inviting applications...