Writ petition challenging ex-parte orders of the Foreigners Tribunal. Court set aside orders dated 26.02.2016 and 18.04.2017, remanding the petitioner for production before the Tribunal for a merit-based decision within 60 days.
Set aside orders dated 26.02.2016 and 18.04.2017; remanded for fresh decision on merits within 60 days.
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GAHC010050222017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7055/2017
1:HALIMA KHATOON
W/O HARAN ALI VILL- TILAPARA P.O. ABHAYAPURI P.S. ABHAYAPURI DIST. BONGAIGAON, PIN - 783384.
VERSUS
1:THE UNION OF INDIA and 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF HOME NEW DELHI-1.
2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6
3:THE DEPUTY COMMISSIONER BONGAIGAON.
4:THE SUPERINTENDENT OF POLICE BORDER BONGAIGAON
5:THE OFFICER-IN-CHARGE ABHAYAPURI POLICE STATION DIST. BONGAIGAON PIN - 783384
Advocate for the Petitioner : MR.A ROSHID
Advocate for the Respondent : ASSTT.S.G.I.R1
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BEFORE HON’BLE MR. JUSTICE UJJAL BHUYAN HON’BLE MR. JUSTICE NELSON SAILO
07.05.2018 O R D E R
(Ujjal Bhuyan, J.)
Heard Mr. A. Rashid, learned counsel for the petitioner and Mr. A. Kalita, learned Special Counsel, Foreigners’ Tribunal, (FT).
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Foreigners’ Tribunal was duly served upon the petitioner. Though the petitioner had appeared before the Tribunal alongwith her lawyer, she did not file written statement despite several opportunities granted. In such circumstances, Tribunal decided to proceed to ex-parte, whereafter order dated 26.02.2016 was passed in favour of the State in the above manner.
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technical. However, this is not to say that unexplained default of the proceedees should be overlooked by the Tribunals.
JUDGE JUDGE
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Comparing Assistant
1 issue framed by the court
Whether the Foreigners Tribunal's orders rejecting an ex-parte application due to delay and inadequate medical evidence can be set aside in light of this Court's earlier direction to rehear the applic
1 provisions across 1 enactments
Halima Khatoon
The Union of India
Ujjal Bhuyan
Nelson Sailo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
