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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
BUDI HABUNG
Rippe Mayi Son of Late Mirik Mayi – Appellant
Versus
Tumli Nyorak / Mayi, Son of Late Ritum Mayi – Respondent
| Table of Content |
|---|
| 1. petitioner challenges customary court decision. (Para 1 , 2) |
| 2. dispute over land inheritance and prior declarations. (Para 3 , 4 , 5 , 6) |
| 3. retrospective decision leads to claims of irregularity. (Para 7 , 8 , 9) |
| 4. arguments regarding procedural violations presented. (Para 11) |
| 5. court's observations on custom and law regarding hearings. (Para 12 , 13 , 14 , 15) |
| 6. remittance for fresh adjudication established. (Para 16 , 17 , 18 , 19 , 20 , 21) |
JUDGMENT :
BUDI HABUNG, J.
1. Heard Mr. Mepe Ete, learned counsel for the petitioner. Also heard Mr. Kemo Lollen, learned counsel for the respondents.
2. The petitioner has filed this application under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908, assailing the decision of the Inter-Village Territorial Customary Court(Bango-level Kebang), Ubo Bango Circle, allegedly decided on 09.06.2025, but, shown as 29.05.2025, in appeal against the order of the Customary Court(Kebang) dated 19.04.2025.
3. The material facts are not in dispute. On 28.05.2022, the father of the petitioner who is a grandfather of the respondent, made a declaration that whosoever takes care of him till his
The legality of retrospective decisions and enlargement of adjudicating forums without due process is critical to maintaining principles of natural justice.
A court vested with jurisdiction cannot abdicate its duty to adjudicate a dispute after evidence has been recorded. If a party fails to appear after participating in proceedings, the court must proce....
The doctrine of Res Sub-Judice and the principle of natural justice, particularly the rule against bias, were central to the court's decision in setting aside the Kebang Notice and proceeding.
The court ruled that the learned District Judge exceeded its jurisdiction by setting aside a village authority's decision and allowing a fresh plaint, which constituted a new suit.
The court emphasized that substantial justice should prevail over procedural technicalities in the application of the Limitation Act for appeals from Customary Courts.
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