Can Conviction Be Based Solely on an Oral Dying Declaration By Related Witnesses? Gauhati High Court Narrows the Test for Exception 1 to Section 300 IPC and Clarifies Evidentiary Standards

The Gauhati High Court holds that conviction can rest on an oral dying declaration given to related witnesses if found

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October 31, 2025 | Gauhati High Court

Does the Sole Testimony of a Minor Victim Suffice for Conviction under POCSO Act? Clarification of Presumptions and Evidentiary Threshold under Section 29

Gauhati High Court reiterates that the sole, credible testimony of a minor victim—supported by reliable documentary evidence of age and

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October 30, 2025 | Gauhati High Court

Can Courts Condone Delay in Appeal Under Section 29 of the Domestic Violence Act When the Applicant Fails to Comply With Interim Directions? Upholding Requirement of Bona Fides as a Precondition for Relief

The Gauhati High Court reaffirmed that condonation of delay under Section 29 of the Protection of Women from Domestic Violence

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October 29, 2025 | Gauhati High Court

What Is The Appropriate Notional Income Assessment In Motor Accident Claims When Documentary Proof of Earnings Is Lacking? — Precedential Guidance From The Gauhati High Court Following Supreme Court Standards

Clarifying the determination of notional income in the absence of documentary evidence, the Gauhati High Court applies and follows Supreme

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October 29, 2025 | Gauhati High Court

Does a Motor Accident Claims Appellate Court Have the Power to Enhance Compensation on Consensus Without Full Re-trial?

The Gauhati High Court clarifies that, in appeals under Section 173 of the Motor Vehicles Act, an appellate court can

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October 29, 2025 | Gauhati High Court

When Is Oral Evidence Sufficient to Establish a Subcontractor Relationship in Construction Disputes? Gauhati High Court Reaffirms the Plaintiff’s Burden of Proof in Absence of Written Agreement

The Gauhati High Court held that in civil construction disputes, the plaintiff must strictly prove the existence and terms of

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October 29, 2025 | Gauhati High Court

When Can “Loss of Confidence” Justify Denial of Reinstatement After Illegal Termination? Gauhati High Court Clarifies Employer’s Burden and Limits

The Gauhati High Court has clarified that, following an illegal termination without domestic enquiry, reinstatement can only be denied on

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October 24, 2025 | Gauhati High Court

Must a Dismissed Workman Be Reinstated When Termination Is Unsupported by Evidence and Domestic Enquiry? Binding Directions from Gauhati High Court on “Loss of Confidence” Doctrine and Employer’s Burden

The Gauhati High Court reaffirms that an employer bears the burden to prove misconduct when there is no domestic enquiry;

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October 24, 2025 | Gauhati High Court

Can Possessors of Private Land Be Evicted Without Due Process? Gauhati High Court Reaffirms Mandatory Adherence to Legal Procedure

The Gauhati High Court has reaffirmed that eviction from private land—even if the possessors lack title—cannot be done without following

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October 24, 2025 | Gauhati High Court

Can Recruitment Eligibility Criteria Be Amended After Advertisement? Gauhati High Court Clarifies When “Changing Rules Midway” Applies

The Gauhati High Court has clarified that amending eligibility criteria for recruitment via an addendum—after an initial advertisement that did

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October 24, 2025 | Gauhati High Court

Can Decision-Makers in University Inquiry Committees Also Be Members of the Board of Management? Gauhati High Court Clarifies Application of Nemo Judex in Causa Sua to Selection Review Proceedings

The Gauhati High Court: Reaffirms that the principle of Nemo Judex in Causa Sua applies to university inquiry committees, nullifying

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October 24, 2025 | Gauhati High Court

Does Financial Upgradation under MACPS Ignore Prior Promotions or ACP Benefits Not Due to Merger of Posts? Gauhati High Court Upholds Delineation Rule

The Gauhati High Court has clarified that under the Modified Assured Career Progression Scheme (MACPS), prior promotions or financial upgradations

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October 24, 2025 | Gauhati High Court