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1999 Supreme(Gau) 123

J.N.SARMA
Boken Jabir – Appellant
Versus
Tabur Jabir – Respondent


Advocates Appeared:
B.K.Sharma, C.Barua, N.K.Barua, D.S.Bhattacharyya

Judgement Key Points

Based on the legal document provided, here are the key points regarding the case of Boken Jabir vs. Tabur Jabir:

Case Overview and Procedural History * The case is a Civil Revision No. 380 of 1996 filed under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945, challenging an order dated 30.9.1996 passed by the Deputy Commissioner, Upper Siang District (!) . * The dispute originated from a land conflict between Boken Jopir and Smti Tabur Jopir, where the initial Kebang (village council) decision awarded possession to Boken Jopir, but a subsequent decision reversed this and awarded the land to Smti Tabur Jopir (!) (!) . * The Deputy Commissioner disposed of the appeal by holding that the adoption of Boken Jopir by the husband of Smti Tabur Jopir was invalid under Adi customary law and ordered the land returned to Boken Jopir (!) (!) .

Issues Regarding Adoption and Customary Law * The core issue is whether the adoption of a child of the same sex is valid under Adi customary law [judgement_subject]. * The Deputy Commissioner relied on the established rule that a person does not adopt a child of the same sex if they already have a child, especially a male one (!) . * The court found that there is no evidence or custom supporting the validity of adopting a child of the same sex under Adi customary law [judgement_subject]. * However, the court also noted that the Deputy Commissioner erred in concluding the adoption was invalid and in not providing a hearing to Boken Jopir before making the decision [judgement_subject] (!) .

Legal Framework and Jurisdiction of the Kebang * Section 44 of the Assam Frontier (Administration of Justice) Regulation, 1945, mandates that village authority decisions be made in open Darbar with the presence of parties and at least three independent witnesses (!) . * Section 46 allows appeals to the Assistant Commissioner or Deputy Commissioner and requires the appellate court to examine parties if necessary (!) . * The "Kebang" is defined as a tribal council or village council acting as a court of tribal justice, composed of responsible members including village headmen (Gams) (!) . * The Kebang hierarchy includes sub-councils, Dolung Kebang (village council), Bonggo Kebang (covering multiple villages), Area Kebang, and the supreme Bogum Bokang Kebang (!) . * The Adi Kebang of the Deputy Commissioner acts as a bridge between National Law and Adi Customary Law, functioning as a high court of justice for the Adi territory (!) . * Inheritance among Adis is matrilineal, with no preference for primogeniture; daughters and widows generally do not inherit landed property, and in the absence of male issues, property goes to the nearest male kinsman (!) (!) . * There is no specific mention of an adoption custom for same-sex children in the referenced literature on Adi inheritance and customary laws (!) .

Court's Final Decision * The Gauhati High Court quashed the Deputy Commissioner's decision [judgement_subject]. * The court ordered that the land be returned to Boken Jopir [judgement_subject]. * The matter was ultimately placed before the Hon'ble Chief Justice to be heard by a Division Bench due to its significance regarding questions of custom (!) .


This revision petition has been filed under section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 challenging the legality and validity of the order dated 30.9.1996 passed by the Deputy Commissioner, Upper Siang District, Yingkieng in Kebang Appeal Case No. l of 1996 communicated and received by the petitioners on 15.10.96.

2. The first Kebang decision was on 12.5.96 in a dispute between Boken Jopir and Smti Tabur Jopir. The decision was that the disputed land at Kome will not be divided in between the parties. From this day onwards, Shri Boken Jopir shall take the possession of the disputed land as absolute owner. Subsequently the decision was communicated to the Circle Officer, Jengging and that communication is as follows:

“From now onwards Smti Tabur Jopir shall continue to cultivate the land which was cultivated by her. Shri Boken Jopir is stopped from cultivating the said land (disputed land). Smti Tabur Jopir shall not sell or dispose the said land without prior consultation with the Jopir Clan members.”

3. An appeal was filed before the Deputy Commissioner and that was disposed of by the Deputy Commissioner by the impugned order. The Deputy Commissione
















































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