Does “Preference” for Local Candidates in Appointment to Public Posts Override Superior Merit? Gauhati High Court Affirms Preference Applies Only When Candidates Are Equal

The Gauhati High Court has clarified that, in competitive public appointments, a “preference” clause for local candidates (such as residents

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September 10, 2025 | Gauhati High Court

Does an Employer’s Action of Reversion Without Prior Notice Violate Principles of Natural Justice? Gauhati High Court Reaffirms Pre-Decision Hearing as the Norm; Post-Decisional Hearing as an Exception

The Gauhati High Court has clarified that reversion of an employee affecting civil rights cannot be effected without adherence to

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September 10, 2025 | Gauhati High Court

Can an Appellate Court in a Criminal Appeal Acquit the Appellant Based Solely on the Connected Main Criminal Appeal Without Independent Fresh Consideration?

The judgment reaffirms existing precedent by disposing of an interlocutory application in line with the outcome of the main connected

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September 10, 2025 | Gauhati High Court

Does Minor Discrepancy in Names and Shifting of Residence in Voter Lists Suffice to Deny Citizenship Claims Before Foreigners Tribunal?

The Gauhati High Court held that minor discrepancies in names and documented family migration in successive electoral rolls must be

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September 10, 2025 | Gauhati High Court

Can Age Relaxation for Reserved Category and Departmental Candidates Be Availed Cumulatively While Competing for Unreserved Posts under NIT Non-Teaching Recruitment Rules, 2019?

The Gauhati High Court affirms that unless specifically permitted by the applicable recruitment rules or government instructions, candidates cannot claim

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September 10, 2025 | Gauhati High Court

Does Possession of Eligibility Qualification After Cut-off Date Satisfy Recruitment Requirements? High Court Reaffirms Precedent on Determining Eligibility by the Application Deadline

The court categorically held that eligibility for participation in recruitment must be determined as of the last date for submitting

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September 10, 2025 | Gauhati High Court

Can Land Acquisition and Correction of Land Records by Authorities Be Challenged in Writ Jurisdiction Without Establishing Independent Title? — Gauhati High Court Reiterates Requirement of Title Adjudication Through Proper Civil Proceedings

The Gauhati High Court has upheld that individuals cannot claim protection against eviction from government-acquired land in writ proceedings without

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September 10, 2025 | Gauhati High Court

Can Writ Petitioners Claim Relief Based on a Civil Court Decree to Which They Were Not Parties? Gauhati High Court Affirms Decree in Personam Cannot Be Invoked for Strangers—Binding Precedent for Land Acquisition Disputes

The Gauhati High Court clarified that decrees passed in civil suits regarding land ownership are decrees in personam, binding only

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September 9, 2025 | Gauhati High Court

Can pension and salary run concurrently when an employee is overstayed due to administrative error?

Clarification of pension entitlement post-overstay––Gauhati High Court upholds that pension starts after salary period, affirming Supreme Court precedents on non-concurrency

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September 4, 2025 | Gauhati High Court

Can an Appointment of a Village Development Board Secretary Be Quashed for Improper Disqualification under the Village Development Boards Model Rules, 1980?

Clarifying that Secretaries Must Be Elected Only from a Properly Constituted Management Committee and Quashing Appointments That Violate Rule 5

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September 4, 2025 | Gauhati High Court

Can Police Invoke Section 179 BNSS to Summon Persons Beyond Territorial Limits and Above 65 Years?

Clarification of Section 179 BNSS’s Territorial and Age Restrictions; Quashing of Extraterritorial Summons as Binding Authority for Anti-Corruption Investigations  

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September 4, 2025 | Gauhati High Court

Can Rule 7(4) of the Gauhati High Court (Appointment, Conditions of Service and Conduct) Rules, 1967 be validly numbered and require Court Officers appointed from Senior Judicial Assistants to maintain seniority in their original, inferior cadre?

Administrative clarification required to correct numbering under Article 229 and remove unsustainable seniority clause; persuasive authority for service rule amendments

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September 4, 2025 | Gauhati High Court