On a matter where notices were returned due to stamp shortage and records were pending, the High Court held service need not be repeated for a specific respondent, directed registry to call records, and listed the case for future orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010123552017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/688/2017
MUSSTT JARJINA RAHMAN and ANR W/O DR. ATTAUR RAHMAN, R/O GANDHI BASTI, GUWAHATI 781003, DIST. KAMRUP M, ASSAM.
2: DR. MRS FARIDA BEGU
VERSUS
ON THE DEATH OF SURAYA BEGUM HER LEGAL REPRESENTATIVES MUSTT NASREEN HAQUE and 4 ORS W/O MD KAMRUL HAQUE, T.R. PHUKAN ROAD, FANCYBAZAR, GUWAHATI 781001, DIST. KAMRUP M, ASSAM.
2:MUSSTT. NASREEN HAQUE
3:MD. RAFIQUE AHMED
4:MD. SAFIQUE AHMED
5:MUSSTT. PARVEEN ROZI
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6:MUSSTT. JAHANARA BEGUM
7:MUSSTT. SHAMSADARA BEGU
Advocate for the Petitioner : MR.A IKBAL
Advocate for the Respondent :
Linked Case : RSA/66/2017
MUSSTT JARJINA RAHMAN and ANR Address:W/O DR. ATTAUR RAHMAN R/O GANDHI BASTI GUWAHATI 781003 DIST. KAMRUP M ASSAM. 2: DR. MRS FARIDA BEGUM
Address:W/O LATE MAKIBUR RAHMAN R/O M.S. ROAD TOKOBARI GUWAHATI DIST. KAMRUP M ASSAM. VERSUS
ON THE DEATH OF SURAYA BEGUM HER LEGAL REPRESENTATIVES MUSTT NASREEN HAQUE and 4 ORS Address:W/O MD. KAMRUL HAQUE T.R. PHUKAN ROAD FANCY BAZAR GUWAHATI 781001 DIST. KAMRUP M ASSAM. 2:MUSSTT. NASREEN HAQUE Address:W/O MD. KAMRUP HAQUE T.R. PHUKAN ROAD FANCY BAZAR GUWAHATI 781001
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DIST. KAMRUP M ASSAM.
3:MD. RAFIQUE AHMED
Address:S/O LATE ARAFAN ALI T.R. PHUKAN ROAD FANCY BAZAR GUWAHATI 781001 DIST. KAMRUP M ASSAM
4:MD. SAFIQUE AHMED
Address:S/O LATE ARAFAN ALI T.R. PHUKAN ROAD FANCY BAZAR GUWAHATI 781001 DIST. KAMRUP M ASSAM.
5:MUSSTT. PARVEEN ROZI
Address:W/O MD. RAZIBIN YUSUF 1521 JLN TENGKUP TRA TELOK AIR TAIWAR 13050 APRAT BUTTERWORTH PINANG MALAYSIA
6:MUSSTT. JAHANARA BEGUM
Address:D/O LATE OHIDUL HAQUE RO HEDAYATPUR NEAR MOSQUE GUWAHATI-3
7:MUSSTT. SHAMSADARA BEGUM
Address:W/O LATE TABIBUR RAHMAN R/O B. BARUAH ROAD GUWAHATI 781001 DIST. KAMRUP M ASSAM. -----------Advocate for : MR.S ALI Advocate for : MR.P DEKA appearing for ON THE DEATH OF SURAYA BEGUM HER LEGAL REPRESENTATIVES MUSTT
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NASREEN HAQUE and 4 ORS: Advocate ,
, , , , , appearing for 2, 3, 4, 5, 6, 7, respectively.
ORDER
Date : 09-01-2018
BEFORE HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI
Office note dated 15.09.2017 goes to show that notices sent to the respondents had been returned due to shortage of postal stamps.
Mr. G. N. Sahewalla, learned Senior counsel, along with Mr. M. Sahewalla, has entered appearance on behalf of the respondents except respondent No. 1(d). He, however, submits that he has been instructed to appear in respect of the aforesaid respondent.
In that view of the matter, appellant is not required to take steps for service of notice upon respondent No. 1(d).
It appears that though the appeal was admitted on 15.03.2017, records had not been called for.
Registry will call for the records.
Mr. Sahewalla has submitted that in RSA 59/2011, issues as raised in this appeal had been decided vide judgement and order dated 08.09.2015, and the Special Leave Petition preferred against the said judgement was also dismissed by the Hon’ble Supreme Court. Mr. S. Ali, learned counsel for the appellant, however, submits that the facts in the aforesaid appeal and the one in the present appeal are not identical and, therefore, it will be wrong to say that the present appeal is covered by the said judgement rendered in RSA 59/2011.
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This aspect of the matter will be considered after the records are received. Registry will list this case for orders on 04.04.2018 .
JUDGE
Colour shows how this judgement treated each authority
RSA/59/2011Referred¶45
Musstt Jarjina Rahman
Dr. Mrs Farida Begum
Musstt Nasreen Haque
Md. Rafique Ahmed
Md. Safique Ahmed
Musstt Parveen Rozı
Arup Kumar Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
