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1988 Supreme(Gau) 77

B.L.HANSARIA, S.P.RAJKHOWA
Dore Sangma; John Sangma; Mega Marak; Nongsan Marak; Allipon Marak; Maring Sangma; Chejan Laskar Nokma; Chingre Sangma; Nelson Sangma Nokma; Dansim – Appellant
Versus
Chief Executive Member, Garo ZHills District Council; Joran Sangma; Rimjing Marak; Binolli Marak; Jangson Momin; Rangan Marak Nokma; Chengjan Sang – Respondent


Advocates Appeared:
A.K.Das, A.K.Goswami, B.N.Sharma, K.Das, J.P.Sharma, J.P.Bhattacharjee, J.K.Sharma, H.Munir, G.N.Sahewalla, A.K.Bhattacharyya, D.C.Sangma, B.M.Mahanta, B.Dutta, B.C.Das, B.Banerjee, A.Sharma, D.Chakraborty, N.M.Lahiri, M.Z.Ahmed, S.A.Choudhary, R.P.Sharma , R.B.Chetri, P.K.Goswami, P.C.Kataki, N.Das

Hansaria, J. —

In this batch of cases, common, questions of law are involved. A common judgment is therefore being passed on the question of Jaw. One of the questions relate to the validity and effect of section 11 of the Garo Hills Autonomous District (Social Customs and Usages) Validating Act, 1958, hereinafter the Act, which was inserted by the Garo Autonomous District (Social Customs and Usages) Validating (Amendment) Act, 1972. Section 11, whose validity has been assailed in some of these petitions reads follows :-

"11. Bar to jurisdiction of Civil Courts: No Civil Court shall entertain any suit or proceeding in respect of any matter falling within the purview of the Act".

In some other petitions, the validity of the aforesaid section has not been assailed, but it has been contended that despite the afore­said express bar to entertain any suit or proceeding by Civil Court, Civil Court's jurisdiction is really not barred.

2. To appreciate the later submission, we have note certain pro­visions of the Act, which was enacted in 1959 to remove doubts which had arisen as to the legal force of the social customs and usages prevails in the District of Garo Hills. The Act was, thereafter a














































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