When Is the Principle of Constructive Res Judicata Inapplicable to Challenges Against Selection Process Irregularities in Government Appointments?

The Gauhati High Court clarifies that when selection committee marks are re-visited and new irregularities or violations of governing guidelines

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November 2, 2025 | Gauhati High Court

Can Conviction Under POCSO Be Sustained Solely on Victim’s Testimony When DNA Evidence Contradicts Her Claim?

The court held that where DNA evidence conclusively disproves the accused’s paternity and foundational facts are unproved, conviction based solely

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November 2, 2025 | Gauhati High Court

Does an Insurer’s Liability Cover the Owner-Driver’s Death in a Motor Accident Under a Standard Policy? Gauhati High Court Reaffirms Limitation Except to the Extent of Personal Accident Cover

The Gauhati High Court has upheld the established legal position that under a standard motor insurance policy, the insurer is

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November 2, 2025 | Gauhati High Court

When Is Evidence Before Foreigners Tribunals Sufficient to Prove Citizenship? Gauhati High Court Affirms Strict Proof Standards for Pre-1971 Lineage Under Article 226

The Gauhati High Court reiterated that mere production of old voter lists, land records, and certificates—without linking documentary and oral

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November 2, 2025 | Gauhati High Court

Can a Candidate Ranked Lower in the Merit List Be Appointed to a Reserved Teaching Post When Higher Ranked Candidates Withdraw? — Gauhati High Court’s Clarification on Executive Instructions and Statutory Silence

The Gauhati High Court reaffirms that, in the absence of explicit statutory prohibition, a select list including lower-ranked candidates may

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November 2, 2025 | Gauhati High Court

When Is Compliance With Section 25F of the Industrial Disputes Act, 1947 Mandatory in Cases of Closure, Retrenchment, and Transfer? (Clarified by Gauhati High Court, 2025)

Gauhati High Court affirms that strict compliance with Section 25F is mandatory for valid retrenchment or closure under Sections 25F,

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November 2, 2025 | Gauhati High Court

Is Prescribing Graduation as a Mandatory Qualification for Promotion to Superintendent under Assam Secretariat Service Rules, 2019 Constitutionally Valid?

The Gauhati High Court has affirmed the constitutional validity of the proviso to Rule 5(5) of the Assam Secretariat Service

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November 2, 2025 | Gauhati High Court

What Is the Legal Effect When a Writ Petition Is Dismissed for Non-Prosecution Without Adjudication on Merits? Can Such an Order Be Used as Precedent?

A writ petition was dismissed by the Gauhati High Court due to the petitioner’s failure to appear and take steps

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November 2, 2025 | Gauhati High Court

When Does Exception 1 to Section 300 IPC Apply to Convert Murder (Section 302) to Culpable Homicide Not Amounting to Murder (Section 304 Part I)?

The Gauhati High Court, in a case involving homicide where conviction rested primarily on a child witness, converted the conviction

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October 31, 2025 | Gauhati High Court

Can a Conviction for Murder Be Sustained Without Examination of the First Investigating Officer and Proper Admission of the Initial FIR and Related Evidence? Clarification and Restatement of Law by the Gauhati High Court

Conviction for murder under Section 302 IPC cannot stand when key prosecution lapses—such as non-examination of the first investigating officer,

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October 31, 2025 | Gauhati High Court