Gauhati High Court Overturns Customary Court Decision, Orders Fresh Adjudication

Procedural Irregularities and Violation of Natural Justice Lead to Remand for New Hearing

In a significant ruling, the Gauhati High Court has set aside a decision by the Inter-Village Territorial Customary Court, citing procedural irregularities and violations of natural justice. The case involved a dispute over inheritance of land known as "Kesa Rike," following the death of the petitioner's father. The Customary Court's decision, which was contested by Rippe Mayi, was initially delivered with procedural flaws, including a split verdict and subsequent enlargement of the forum without fresh hearings.

The petitioner, Rippe Mayi, argued that the decision was backdated and included newly appointed members who were not part of the initial deliberations, thereby violating Section 44(1) of the Assam Frontier (Administration of Justice) Regulation, 1945. The petitioner's counsel, Mr. Mepe Ete, emphasized that the improper procedure adopted by the Customary Court rendered the decision unsustainable in law.

The High Court, presided over by Justice Budi Habung, acknowledged these concerns and highlighted the importance of upholding procedural fairness. The Court noted that the retrospective dating of the decision and the participation of additional members after the original hearing concluded with a split decision were inconsistent with both customary practices and statutory provisions.

In agreement with the respondents' counsel, Mr. Kemo Lollen, the Court decided to remand the case for fresh adjudication. The parties have been granted the liberty to approach either the competent Civil Court under the Arunachal Pradesh Civil Courts Act, 2021, or the appropriate Customary Court, as per the Assam Frontier (Administration of Justice) Regulation, 1945. The High Court emphasized that the new adjudication process must ensure reasonable opportunities for hearing and must be conducted in accordance with law and prevailing custom.

This ruling underscores the judiciary's commitment to ensuring that customary court decisions adhere to principles of natural justice and procedural correctness. The case is now set for a fresh start, with both parties poised to present their claims anew in a competent forum.

Bottom Line:

Customary Court decision set aside due to procedural irregularities and violation of natural justice; matter remitted for fresh adjudication in accordance with law.

Statutory provision(s): Article 227 of the Constitution of India, Section 115 of the Code of Civil Procedure, 1908, Section 44(1) of the Assam Frontier (Administration of Justice) Regulation, 1945, Arunachal Pradesh Civil Courts Act, 2021

Rippe Mayi v. Tumli Nyorak/Mayi, (Gauhati) : Law Finder Doc Id # 2813001