Mere Allegations Of Fraud Not Directly Challenging Arbitration Agreement Do Not Render Dispute Non-Arbitrable: Gauhati High Court

The Gauhati High Court bench of Justice Soumitra Saikia held that mere allegations of fraud or pendency of criminal proceedings do not render a dispute non-arbitrable unless allegations challenge the arbitration agreement itself. Relying on the Supreme Court's judgment in Managing Director, Bihar State Food and Civil Supply Corporation Ltd. v. Sanjay Kumar (2025), it held that “the...

No Protection For Encroachers On Forest/Govt Land, Regardless Of Faith: Gauhati High Court Disposes PIL Concerning Assam's Indigenous Muslims

Refusing to entertain a Public Interest Litigation (PIL) plea challenging the demolition of houses allegedly belonging to members of the indigenous Assamese Muslim community in Assam, the Gauhati High Court recently observed that there can be no protection to a person encroaching upon forest/Government land, be it a person professing any faith. A Division Bench of Justice...

'Dissent Must Be Accepted In Democracy': Journalist Abhisar Sharma To Gauhati High Court; Gets Interim Relief In FIR Over Remarks On Assam CM

The Gauhati High Court today extended the interim protection granted earlier to journalist Abhisar Sharma in connection with an FIR registered against him over his alleged remarks accusing Assam Chief Minister Himanta Biswa Sarma of pursuing communal politics. Sharma moved the HC days after the Supreme Court refused to entertain his challenge to the FIR registered by Assam police...

Gauhati High Court Directs Free Education For Students Who Were Not Allowed To Attend Classes Over Inability To Pay For Books, Uniform

The Gauhati High Court recently directed a school to provide the free education to two students belonging to EWS category, including free books and uniforms etc. as per Section 12 of the Right of Children to Free and Compulsory Education Act read with relevant rules. The court was hearing a plea by two students seeking a direction to the respondent school to provide free education to...

State Information Commissioner Entitled To Same Salary, Allowances & Post-Retiral Benefits As Chief Secretary : Gauhati HC

A Division bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the State Information Commissioner is entitled to the same salaries, allowances, and post-retiral benefits as the Chief Secretary of the State. Further that these benefits cannot be denied on the ground of not having 10 years of qualifying service, if the individual...

Assam Govt Defends Allotment Of 3000 Bighas Of Tribal Land To Private Company, Says It Was Done After Following Due Process

In relation to the Assam Government granting 3000 bighas of land to Mahabal Cements for mining in the Dima Hasao region, the Assam Government, on Wednesday, informed the Gauhati High Court that the process adopted for allotment of land was done by following due process of law and the aspect of clearance by the Ministry of Environment, Government of India would come at a later stage.Earlier,...

Assam Minorities Board Employees, Salary Paid Through Grants-In-Aid & Not from State Salary Head, Can't Be Treated As Government Servants: Gauhati HC

A Division bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Manish Choudhury held that employees of the Assam Minorities Development Board, whose salaries are paid from grants-in-aid and not from the regular State salary head, cannot be treated as government servants and are not entitled to pension under Rule 31 of the Assam Services...

State Can't Arbitrarily Classify Pensioners Of Homogenous Class Based On Cut-Off Dates For Granting Revised Pension Benefits : Gauhati HC

A Division bench of the Gauhati High Court comprising Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the classification among pensioners based on the date of retirement, when all retirees form a homogenous class and the pay revision is made effective from a particular date, is arbitrary and unreasonable. Further financial constraints cannot justify such...

'3000 Bighas Of Land Given To A Private Company! Is This A Joke?': Gauhati HC Takes Exception To Allotment Of Tribal Land To Cement Company

The Gauhati High Court has expressed its reservation over the grant of around 3000 bighas of land to a private cement company (Mahabal Cements) for the purpose of mining in the state of Assam, in the Dima Hasao region.Justice Sanjay Kumar Medhi orally remarked, "3000 bighas! The entire district? What is going on? 3000 bighas allotted to a private company? We know how barren the land...

Journalist Raising Concerns About Illegal Migrants, Religious Fundamentalism Alone Doesn't Attract Offence Of Promoting Enmity: Gauhati HC

The Gauhati High Court recently observed that a journalist raising concerns about illegal migrants, religious fundamentalism, militant activities, and demographic threats to the indigenous people cannot, by itself, be construed as an attempt to create enmity between groups or to incite violence. Stressing that the core duty of journalism is to raise burning issues, which matter...

Merely Attaching Tax Determination Statement To DRC-01 Summary Cannot Be Treated As A Valid SCN: Gauhati High Court

The Gauhati High Court held that merely attaching tax determination statement to Drc-01 summary cannot be treated as a valid show cause notice. Justice Sanjay Kumar Medhi stated that “…….a formal and duly authenticated SCN is mandatorily required to initiate proceedings under Section 73. The Statement of tax determination under Section 73(3), which is attached to the summary...

'Accused Didn't Comply With Fundamental Duties U/Art 51A': Gauhati High Court Denies Bail In FIR Over Alleged FB Post Backing Pakistan

The Gauhati High Court on Monday denied bail to a man accused of posting content on Facebook in support of Pakistani citizens and the President of Turkey, as it noted that the accused had not 'complied' with the fundamental duties enshrined under Article 51A of the Constitution of India. "On a plain reading of the Facebook message, it is clear that at this juncture,...