SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Gau) 866

UJJAL BHUYAN, AJIT BORTHAKUR
Mustt. Amina Khatun – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Md. Giash Uddin.

ORDER :

Ujjal Bhuyan, J.

1. A common question of law arises in this bunch of writ petitions because of which all the writ petitions were heard together, hearing of which was concluded on 10.04.2018 and today is fixed for delivery of order. The issue which arises in this bunch of writ petitions is as under:-

"Whether the plea of res-judicata as provided under Section 11 of the Code of Civil Procedure, 1908 would be attracted to a proceeding under the Foreigners Act, 1946 read with the Foreigners (Tribunals) Order, 1964?"

2. We have heard Mr. B.D. Das, learned Senior counsel for the petitioner in WP (C) No. 797/2017; Mr. Giasuddin, learned counsel for the petitioner in WP (C) No. 7339/2015; Mr. A.S. Tapadar, learned counsel for the petitioner in WP (C) No. 1238/2017; Mr. U. Saikia, learned counsel for the petitioners in WP (C) Nos. 6327/2016 and 2186/2017; Mr. B. Chanda, learned counsel for the petitioner in WP (C) No. 1333/2016 and Mr. S.C. Biswas, learned counsel for the petitioner in WP (C) No. 1849/2016. We have also heard Mr. N. Dutta, learned Senior counsel, as amicus curiae; Mr. S.C. Keyal, learned Assistant Solicitor General of India and Mr. U.K. Nair, learned Senior Special Coun

































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top