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ROBIN PHUKAN
Rupali Baglary Dutta, W/O. Lt. Harakanta Dutta – Appellant
Versus
Pratima Dutta, W/O. Lt. Harkanta Dutta – Respondent
JUDGMENT :
Robin Phukan, J.
Heard Mr. B.P. Borah, learned counsel for the petitioner and Mr. D. Choudhury, learned counsel for the respondent Nos.1, 2 and 3.
2. In this petition under Article 227 of the Constitution of India, read with Section 115 of the Code of Civil Procedure and Section 384 of the Indian Succession Act, 1925, the petitioner Smt. Rupali Baglary Dutta has put to challenge the correctness of judgment and order dated 05.04.2014, passed in Misc (S-C) Case No.30/2012 by the learned District Judge, Nalbari, under Section 372 of the Indian Succession Act. It is to be noted here that vide impugned judgment and order dated 05.04.2014, the learned District Judge, Nalbari, has issued Succession Certificate in favour the respondent No.1 and five others, in respect of the pensionary dues of late Hara Kanta Dutta, who was an employee of the Public Health Engineering Department, Karbi Anglong, Diphu.
3. The background facts, leading to filing of the present petition, is adumbrated herein below:-
The Court established that the supervisory jurisdiction under Article 227 cannot be exercised when an alternative remedy is available, particularly in succession matters.
Point of Law : The doctrine of precedent or Stare Decisis is a settled principle of law that a judgment, which has held the field for a long time, should not be unsettled. The doctrine of ' Stare Dec....
The main legal point established in the judgment is the application of the Limitation Act, specifically Article 58, to determine the limitation period for filing a suit for declaration of right, titl....
The failure to object to a trial court's jurisdiction waives the right to contest such jurisdiction under Article 227 of the Constitution. Supervisory jurisdiction should be exercised sparingly and n....
The court established that the High Court's supervisory powers under Article 227 do not extend to correcting mere errors of law or fact, and that the rights claimed under an unprobated Will must be a....
The right to continue a suit can survive the death of a party if the cause of action is common to multiple parties, and the addition of new parties under Order 1 Rule 10(2) CPC is permissible to avoi....
The court established that the validity of claims based on an unprobated Will must be determined through judicial proceedings, and that the absence of probate does not automatically invalidate such c....
The supervisory jurisdiction of the High Court under Article 227 is limited to correcting manifest errors by lower courts, not to re-evaluate their findings in pension-related disputes.
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