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GUAHAT HIGH COURT SAYS RES JUDICATA WILL APPLY EVEN ON FOREGINER TRIBUNALS | Legal Xpress News
News By/Courtesy: Neha Mishra | 17 Dec 2021 12:42pm IST

HIGHLIGHTS

  • Hasina bhanu was declared not a foreigner already in 2016.
  • She was declared a foreigner by the Foreigner tribunal in 2021 irrespective of the earlier order.
  • The Guahati High Court held that res judicata will apply even on foreigner tribunals.

 Res judicata is a lawful rule which gives that similar debate between same gatherings can't be arbitrated upon assuming it has been as of now chosen once. A Bench of Justices N Kotiswar Singh and Malasri Nandi said that the Supreme Court has definitively settled the issue in Abdul Kuddus Vs. Association of India that the standard of res judicata will be pertinent even regarding Foreigners Tribunals.

Taking into account a similar it suppressed a request dated March 18, 2021, passed by a Foreigners Tribunal against one Hasina Bhanu who was pronounced outsider by Foreigners Tribunal, despite a prior request passed by the court in 2016 holding that she was not an outsider/illicit traveller. Bhanu was first continued against by Foreigners Tribunal No.4, Darrang, Mangaldai and on August 17, 2016, it was managed in support of herself holding that she is an Indian. In this manner, a similar council continued against her in 2017 and by a request dated March 18, 2021, pronounced her an outsider.

She moved toward the High Court against the equivalent battling that it was an infringement of guideline of res judicata. The Court concurred with her accommodation.  The subsequent procedure would be illicit being violative of the order of law under Article 141 of the Constitution of India according to which, the law pronounced by the Supreme Court will be restricted on each court and council inside the domain of India, the High Court held. The Court, along these lines, permitted the request and requested that the solicitor be delivered on the off chance that she is under confinement.

Section Editor: Kadam Hans | 17 Dec 2021 18:25pm IST


Tags : #res judicata #High Court #foreigner #tribunal #order #immigrant #Guahati #judgement #order #respondent

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