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2015 Supreme(Gau) 1007

INDIRA SHAH
Likha Serbi – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:D. Panging, Advocate
For the Respondents: K. Ete, Addl. A.G., L. Hage, G.A. and H. Lampu, Learned Counsel

JUDGMENT :

Indira Shah, J.

Whether Civil Courts Act or North East frontier (Administration of Justice) Regulation 1945 (1945 Regulation, in short) would apply in relation to matters dealt with by the regular Courts manned by the members of the Arunachal Pradesh Judicial Service is the issue raised in this writ petition.

2. The power and functions of the judiciary was with the executives in the State of Arunachal Pradesh. The Govt., of Arunachal Pradesh took the decision to separate the judiciary from the executive and in exercise of power under Article 309 of the Constitution, with consultation with the High Court has framed Rules being Arunachal Pradesh Judicial Service Rules, 2006. Judicial Officers have been appointed and consequent to their appointment the Government of Arunachal Pradesh issued a notification dated 06.1.2014 directing all the Deputy Commissioner to transfer all the pending cases (both Criminal and Civil) to the Court of Chief Judicial Magistrate-cum-Civil Judge Senior Division and Judicial Magistrate First Class-cum-Civil Judge Junior Division.

3. The private respondent lodged a complaint to the Deputy Commissioner on 02.01.2013 alleging that the petitioner had dec









































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