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Inter-Village Customary Courts as Appellate Courts - These courts function as appellate forums where decisions from lower customary or village courts can be challenged and reviewed. They are established under specific regulations such as the Assam Frontier (Administration of Justice) Regulation, 1945, and are recognized as appellate authorities in customary law disputes ["Rippe Mayi Son of Late Mirik Mayi vs Tumli Nyorak / Mayi, Son of Late Ritum Mayi - Gauhati"], ["Hevuto Chishi VS State of Nagaland - Gauhati"].
Appellate Jurisdiction of Customary Courts - Customary courts, including the Inter-Village Territorial Customary Court and the District Customary Court, serve as appellate bodies for cases decided by subordinate customary or village courts. For example, decisions from village courts can be appealed to district customary courts, which act as appellate forums ["Lhougevolie Usou VS State of Nagaland - Gauhati"], ["Debia Sita, W/o. Shri Neelam Teji VS State Of A. P. , Represented by the Secretary (General Administration), Govt. of Arunachal Pradesh - 2024 0 Supreme(Gau) 579"]. The rules explicitly provide that appeals lie from village courts to district customary courts, confirming their role as appellate courts ["Lhougevolie Usou VS State of Nagaland - Gauhati"].
Legal Framework and Procedure - The appellate process involves following prescribed rules, such as Rule 64(2), which states that appeals against decisions of village or subordinate customary courts are to be filed with district customary courts ["Lhougevolie Usou VS State of Nagaland - Gauhati"]. Additionally, the Assam Frontier (Administration of Justice) Regulation, 1945, and the Arunachal Pradesh Civil Court Act, 2021, recognize customary courts' appellate jurisdiction, sometimes with specific procedural adaptations, such as limitations on jurisdiction or applicability of the Limitation Act ["Debia Sita, W/o. Shri Neelam Teji VS State Of A. P. , Represented by the Secretary (General Administration), Govt. of Arunachal Pradesh - 2024 0 Supreme(Gau) 579"], ["Nyato Dabu Mengnia VS Gyodik Pute Tikli - Gauhati"].
Nature of Decisions and Review - These courts review decisions based on customary laws and evidence, often re-evaluating facts and evidence as the primary basis for their judgments. The appellate courts generally do not re-appreciate evidence unless there is a clear error, and their role is to correct legal errors or procedural irregularities in the lower customary courts ["Tsering VS Sange Tsering @ Bonpu - Gauhati"], ["Guganram S/o Late Ganeshram VS Deceased Gangaram S/o Kanaram - Rajasthan"].
Conclusion - The provided sources clearly establish that the Inter-Village Customary Court and similar customary courts function as appellate courts within the customary law framework. They review decisions from village or subordinate customary courts, functioning as appellate forums under specific legal provisions and regulations ["Rippe Mayi Son of Late Mirik Mayi vs Tumli Nyorak / Mayi, Son of Late Ritum Mayi - Gauhati"], ["Lhougevolie Usou VS State of Nagaland - Gauhati"], ["Hevuto Chishi VS State of Nagaland - Gauhati"]. Their appellate jurisdiction is well-defined and integral to the customary legal system.
References:- ["Rippe Mayi Son of Late Mirik Mayi vs Tumli Nyorak / Mayi, Son of Late Ritum Mayi - Gauhati"]- ["Lhougevolie Usou VS State of Nagaland - Gauhati"]- ["Debia Sita, W/o. Shri Neelam Teji VS State Of A. P. , Represented by the Secretary (General Administration), Govt. of Arunachal Pradesh - 2024 0 Supreme(Gau) 579"]- ["Hevuto Chishi VS State of Nagaland - Gauhati"]- ["Guganram S/o Late Ganeshram VS Deceased Gangaram S/o Kanaram - Rajasthan"]- ["Nyato Dabu Mengnia VS Gyodik Pute Tikli - Gauhati"]
In India's diverse legal landscape, customary courts play a vital role in resolving disputes among tribal communities, particularly in states like Nagaland and Arunachal Pradesh. A common question arises: Is an inter-village customary court an appellate court? This query touches on the hierarchical structure of customary justice systems, where lower village authorities handle initial disputes, and higher bodies review appeals. While this post provides general insights based on legal precedents, it is not specific legal advice—consult a qualified lawyer for your situation.
Drawing from key judicial findings and regulations, inter-village customary courts typically function as appellate authorities. They hear appeals from village councils or lower customary bodies and may even conduct de novo trials when necessary. Let's break this down step by step.
Customary courts are integral to the administration of justice in scheduled areas, rooted in tribal traditions protected under Article 371A of the Constitution for Nagaland and similar provisions elsewhere. Village courts or councils often serve as the first tier, handling disputes over land, inheritance, and breaches of customary laws. Inter-village customary courts, such as those presided over by Assistant Deputy Commissioners (Judicial) or equivalent bodies like Dobashi courts, step in for broader jurisdiction.
For instance, Rule 1(a) of the Rules for Administration of Justice and Police in Nagaland, 1937, defines customary courts to include village courts, subordinate district customary courts, and district customary courts, which try suits between scheduled tribes. Kevizathi Sesa VS State of Nagaland - 2022 Supreme(Gau) 704 These courts assist in settling disputes involving customary laws and usages. Old Jalukai Village Council VS Kakiho Village - 2025 Supreme(SC) 903
Legal documents explicitly recognize inter-village customary courts as appellate bodies. In a significant ruling, the court examined whether the ADC (J) Mokokchung had jurisdiction to entertain an appeal from a Village Council decision. It held that under Rule 31 of the principal rules, such appeals are permissible, affirming that appeals from decisions of village councils and customary courts could be heard by the ADC (J) or equivalent authorities, which function as appellate bodies. Boken Jabir VS Tabur Jabir - 1999 0 Supreme(Gau) 123
Similarly, in another case, appeals from customary courts are directed to the Court of Civil Judge (Senior Division) or higher, underscoring their appellate role. Debia Sita, W/o. Shri Neelam Teji VS State Of A. P. , Represented by the Secretary (General Administration), Govt. of Arunachal Pradesh - 2024 0 Supreme(Gau) 579 This aligns with the parallel court systems in Nagaland: customary courts manned by executives under 1937 Rules, and general courts under statutes like the Nagaland Judicial Service Rules, 2006. Kevizathi Sesa VS State of Nagaland - 2022 Supreme(Gau) 704
The appellate process isn't merely a review; it can involve fresh adjudication. Appellate courts may dispose of appeals based on records or proceed de novo if doubts arise. As noted: The power to proceed with the case, de novo, cannot be construed to be a power conferred upon the court... to consider the appeal dehors the provisions of the Code of Civil Procedure, 1908. It only mandates that the appellate court would be in a position to receive evidence from the parties. Boken Jabir VS Tabur Jabir - 1999 0 Supreme(Gau) 123
Under the Arunachal Pradesh Civil Courts Act, 2021, the second proviso to Sub-Section 3 of Section 15 allows appellate courts to handle customary appeals via judgment or de novo proceedings to ensure justice. Debia Sita, W/o. Shri Neelam Teji VS State Of A. P. , Represented by the Secretary (General Administration), Govt. of Arunachal Pradesh - 2024 0 Supreme(Gau) 579 In Nagaland, Rule 31 retains appeal provisions from village decisions to higher customary courts like the Wokha Customary Court, which may uphold, reverse, or remand cases. Elothung Kithan VS Yankhosao Erui - 2019 Supreme(Gau) 1102
Key points on scope:- Appeals from village authorities: Limited to recognized customary decisions.- De novo discretion: Used when procedural irregularities or doubts exist, not routinely.- Procedure: Follows the spirit of the Code of Civil Procedure where applicable, per Rule 62(3). Khehuli Zhimomi VS Khetoni Chishi - 2018 Supreme(Gau) 1563
The framework blends customary practices with statutory oversight:- Nagaland Village and Area Councils Act, 1978: Empowers councils but provides for appeals. Kevizathi Sesa VS State of Nagaland - 2022 Supreme(Gau) 704- Rules for Administration of Justice in Nagaland: Dobashi courts, as customary courts, handle inter-village cases without monetary limits and serve appellate functions. Neiphrelie Zakie Mechulho v. S. D. Angami - 2017 Supreme(Online)(Gau) 146- Arunachal Pradesh Civil Courts Act, 2021: Codifies appellate handling of customary matters. Debia Sita, W/o. Shri Neelam Teji VS State Of A. P. , Represented by the Secretary (General Administration), Govt. of Arunachal Pradesh - 2024 0 Supreme(Gau) 579
Courts emphasize proof of customs; failure to substantiate leads to statutory application, as in inheritance disputes among Scheduled Tribes. Magansingh VS Dungarsingh - 2023 Supreme(MP) 948
Appellate jurisdiction has boundaries:- Confined to village/customary decisions under relevant rules. Boken Jabir VS Tabur Jabir - 1999 0 Supreme(Gau) 123- De novo limited to justice needs, not beyond customary frameworks. Debia Sita, W/o. Shri Neelam Teji VS State Of A. P. , Represented by the Secretary (General Administration), Govt. of Arunachal Pradesh - 2024 0 Supreme(Gau) 579- No interference in executive recognitions absent arbitrariness, as in village boundary disputes requiring No Objection Certificates. Old Jalukai Village Council VS Kakiho Village - 2025 Supreme(SC) 903- Appeals must follow prescribed paths, like Rule 31, not CPC directly for village matters. Khehuli Zhimomi VS Khetoni Chishi - 2018 Supreme(Gau) 1563
In one case, a village council's order couldn't be reviewed without appeal, highlighting procedural rigidity. Khehuli Zhimomi VS Khetoni Chishi - 2018 Supreme(Gau) 1563
Broader precedents reinforce this structure. Customary divorce recognition under Hindu Marriage Act Section 29(2) shows courts' discretion in appeals, mirroring de novo powers. Dipeekaben D/o Hasmukhbhai Nanjibhai Shrimali VS Vishvjeetsinh Ashoksinh Gohil - 2024 Supreme(Guj) 135 Land title suits before customary courts often escalate to appellate levels if clan rights are contested. Elothung Kithan VS Yankhosao Erui - 2019 Supreme(Gau) 1102
In Nagaland, separation of judiciary from executive maintains dual tracks: customary appeals stay within their lane unless revised under Article 227. United India Insurance Co. Ltd. Regional Office, represented by Regional Manager, G. S. Road VS Karuna Dutta, Son of Late Kulesh Dutta, M/s Dimapur Saw Mill, Circular Road, Dimapur, Nagaland - 2011 Supreme(Gau) 900 These cases illustrate how inter-village courts bridge local customs and higher scrutiny.
In conclusion, while inter-village customary courts embody appellate functions within customary systems, their powers are rule-bound and context-specific. This evolving area blends tradition with modern justice—stay informed on updates. For personalized guidance, reach out to local legal experts familiar with tribal laws.
References:1. Boken Jabir VS Tabur Jabir - 1999 0 Supreme(Gau) 123 - ADC(J) appellate jurisdiction confirmed.2. Debia Sita, W/o. Shri Neelam Teji VS State Of A. P. , Represented by the Secretary (General Administration), Govt. of Arunachal Pradesh - 2024 0 Supreme(Gau) 579 - De novo powers under Arunachal Act.3. Kevizathi Sesa VS State of Nagaland - 2022 Supreme(Gau) 704 - Definition and dual court systems.4. Old Jalukai Village Council VS Kakiho Village - 2025 Supreme(SC) 903 - Customary dispute settlement.5. Neiphrelie Zakie Mechulho v. S. D. Angami - 2017 Supreme(Online)(Gau) 146 - Dobashi court roles.
#CustomaryLaw, #AppellateCourts, #NagalandJustice
Being aggrieved, the respondent preferred an appeal before the Inter- Village Territorial(Apex) Customary Court, i.e. the Head Gaon Burah(Bango Secretary), Ubo Bango Circle. ... “Kesa Rike”; or, in the alternative, either party may also approach the Inter Village Territorial Customary Court, or, the Apex customary Court as may be competent under the Assam Frontier (Administration of Justice) Regulation , 1945. .......
It is further submitted by the learned counsel that the disposal of an appeal means that the learned District Judge may uphold the decision of the customary Court if no error is found in the decision of the customary court but if it does not concur with the decision of the Customary Court and doubts ... Further, the provisions of the Arunachal Pradesh Civil Court Act, 2021, also stipulates a customary Court under the provisions of S....
This section enjoins the tribal council to inter-alia, “assist settlement of disputes and cases involving breaches of customary laws and usages.” ... It was submitted that after the Single Judge of the High Court had directed the grant of recognition of the respondent no. 1 village, the State had preferred an appeal before the High Court since the inter-district boundary demarcation was pending and on-going. ... This Court is not in a position to understand the ground....
Rule 64(2) provides that: “An appeal shall lie to the District customary Court against the decision of the Subordinate District Customary Court or village Court in suits or cases decided under these rules. ... (2) Appellate Court from the decision of the Village Court will be the District Customary Courts. (Rule 55(1), Rule 64(2). 19. Under Rule 31 the word used is “Shall” which indicates that t....
The findings recorded by the learned Trial Court and affirmed by the learned First Appellate Court are based on proper appreciation of evidence and correct application of settled principles of Hindu law. ... Thus understood, the findings and conclusions reached by the first appellate court will be of no avail to the plaintiffs.” 14. The Delhi High Court in the matter of Sushma v. Rattan Deep and Anr. ... On careful examination of the judgments of both the Courts below and the evidence ....
Findings of the First Appellate Court : The First Appellate Court reversed the judgment of trial court primarily on the reasoning that: (cid:1) Punjab customary law governs all agricultural tribes irrespec(cid:21)ve of religion; Mara vs Nikko (supra). A custom prevailing among Meos of Gurgaon cannot be imported into Tehsil Jagadhri in the absence of proof of a similar custom. ... Counsel for the appellants that the First Appellate Court commi,ed a ....
The appellate Court has referred to the provisions of section 29(2) of the Hindu Marriage Act, which saves the validity of the customary divorce. ... The appellate Court has considered that the application of word ‘may’ provides discretion to the Court to pass any kind of order, thus, found that the denial of decree on the basis of admission is not illegal or irregular nor the appellate Court has found any error in the order. ... Rupera further submi....
The trial court has not committed any illegality while reading the evidence on record. Similarly, the appellate court after considering the material on record has rightly affirmed the judgment and decree passed by the trial court and there is no perversity in the order passed by the appellate court. ... Thus, the First Appellate Court is final court on facts and in second appeal normally cannot re-appreciate the evidence or facts. 2....
Thereafter the appellants/defendants had preferred an appeal before the first appellate Court and the first appellate Court vide impugned judgment and decree have confirmed the judgment and decree passed by the learned trial Court and hence the present second appeal before this Court. ... The learned trial Court as well as the appellate Court have considered the oral and documentary evidence, produced by the parties. ... as a ‘Gharj....
or native or another village not resident in their jurisdiction is a party. ... It can be seen from this rule that the Dobashi and other customary courts can decide any case without limit as to the amount. The court of Dobashi comes under definition of customary court. ... Chapter - 4 of Rules for the Administration of Justice and Police in Nagaland provides that Dobashi court is basically a customary court which is established to assist the Deputy ....
The Rule 1(a) of the Rules, 1937 defines Customary Court to mean and include Village Court, Sub-Ordinate District Customary Court and District Customary Court constituted under Chapter IVA of the Rules, 1937. These Village Courts, Sub-ordinate District Customary Courts and District Customary Courts were conferred with the jurisdiction to try suits and cases between parties who are schedule tribes or tribes. The powers and jurisdiction of such courts are also provided in the Rules.
Aggrieved by the decision of the customary court, the plaintiff preferred an appeal before the ADC (J), Wokha. The village court decided the suit in favour of the defendants. Against the decision of the village court, the plaintiff preferred an appeal before the Wokha Customary Court and the customary court upheld and confirmed the decision of the village court and thereby dismissed the appeal. The present defendants also filed an appeal before this court and this court while setting aside the impugned judgments passed by the village council as well as customary court, dire....
12. Rule 62(3) stipulates to follow the spirit of the Code of Civil Procedure while dealing civil suits by the District Customary and Subordinate District Customary Courts. However, rule 31 of Rules 1987 has been retained and as such the respondents ought to have preferred the appeal as prescribed by the said rule 31. Moreover, the learned First Appellate Court while invoking jurisdiction under section 96 of the CPC acted as if the same is deciding the dispute within the limited scope as prescribed under Village Court whose powers are discussed hereinabove. The learned court below ....
6. The defendants have challenged the decision of the trial court in two separate appeals. held that a suit for declaration of title by adverse possession and limitation is not maintainable. The appellate court, relying on the decision of the Apex Court in Gurudwara Sahib v. Gram Panchayat Village Sirthala and Another, (2014) 1 SCC 669: [2013]
The scheduled tribes or tribe, as per Rule 2(h) mean such tribe or tribes as are specified by the order or orders made by the President of India and as may be modified by law made by parliament from time to time. The litigants from the scheduled tribes or tribe or tribes are required to submit before the customary courts for filing the suits and cases before the village courts and preferring appeal before the higher customary courts. The customary courts has been defined to mean and include village courts, subordinate district customary courts and district customary courts.....
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