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Documents citing Sital Mandal vs Union Of India And 7 Ors on 23 March, 2022

Litan Aich vs The Union Of India And 6 Ors on 8 June, 2022

4. As far as the applicability of the res judicata in a proceeding before the Foreigners Tribunal is concerned, the same is settled that if a proceedee has already been declared an Indian in a procceding before the Foreigners Tribunal, unless the same is interfered by the competent forum, the same will be binding on subsequent proceeding against the same person in terms of the decision of the Hon'ble Supreme Court passed in Abdul Kuddus vs Union of India (2019) 6 SCC 604 and the decision rendered by this Court in WP(C) No.2099/2018 (Sital Mandal vs. Union of India and Ors.) on 28.04.2022 and other analogous matters and as such, if any such application is made by the applicant in the subsequent proceeding, the Tribunal is duty bound to examine the same to ascertain as to whether the proceedee is the same person who was proceeded earlier before the Tribunal and a favourable opinion was passed by the Tribunal declaring him/her to be an Indian.
Gauhati High Court Cites 3 - Cited by 0 - N Tagia - Full Document

Mustt Asiron Bibi@ Mst Achiran Nessa vs The Union Of India And 5 Ors on 20 June, 2022

5. Learned counsel for the petitioner submits that as far as the applicability of the principle of res judicata in a proceeding before the Foreigners Tribunal is concerned, the same is settled that if a proceedee was already declared an Indian in a procceding before the Foreigners Tribunal, unless the same is interfered by the competent forum, the same will be binding on subsequent proceeding against the same person in terms of the decision of the Hon'ble Supreme Court passed in Abdul Kuddus vs. Union of India (2019) 6 SCC 604 and the decision rendered by this Court in WP(C) No.2099/2018 (Sital Mandal vs. Union of India and Ors.) on 28.04.2022 and other analogous matters and as such, if any such application is made by the applicant in the subsequent proceeding, the Tribunal is duty bound to examine the same to ascertain as to whether the proceedee is the same person who was proceeded earlier before the Tribunal in which a favourable opinion was passed by the Tribunal declaring him/her to be an Indian.
Gauhati High Court Cites 2 - Cited by 0 - Full Document

Minoti Ghosh vs Union Of India And 4 Ors on 20 June, 2022

5. Learned counsel for the petitioner submits that as far as the applicability of the res judicata in a proceeding before the Foreigners Tribunal is concerned, the same is settled that if a proceedee was already declared an Indian in a procceding before the Foreigners Tribunal, unless the same is interfered by the competent forum, the same will be binding on subsequent proceeding against the same person in terms of the decision of the Hon'ble Supreme Court passed in Abdul Kuddus vs. Union of India (2019) 6 SCC 604 and the decision rendered by this Court in WP(C) No.2099/2018 (Sital Mandal vs. Union of India and Ors.) on 28.04.2022 and other analogous matters and as such, if any such application is made by the applicant in the subsequent proceeding, the Tribunal is duty bound to examine the same to ascertain as to whether the proceedee is the same person who was proceeded earlier before the Tribunal and a favourable opinion was passed by the Tribunal declaring him/her to be an Indian.
Gauhati High Court Cites 2 - Cited by 0 - Full Document

Shajahan Ali vs The Union Of India And 12 Ors on 4 January, 2023

5. Learned counsel for the petitioner submits that as far as the applicability of res judicata in a proceeding before the Foreigners Tribunal is concerned, the same is settled that if a proceedee was already declared an Indian in a procceding before the Foreigners Tribunal, unless the same is interfered by the competent forum, the same will be binding on subsequent proceeding against the same person in terms of the decision of the Hon'ble Supreme Court passed in Abdul Kuddus vs. Union of India (2019) 6 SCC 604 and the decision rendered by this Court in WP(C) No.2099/2018 (Sital Mandal vs. Union of India and Ors.) on 28.04.2022 and other analogous matters and as such, if any such application is made by the applicant in the subsequent proceeding, the Tribunal is duty bound to examine the same to ascertain as to whether the proceedee is the same person who was proceeded earlier before the Tribunal and a favourable opinion was passed by the Tribunal declaring him/her to be an Indian.
Gauhati High Court Cites 2 - Cited by 0 - N K Singh - Full Document

Harmuj Ali vs The Union Of India And 5 Ors on 9 January, 2023

6. Learned counsel for the petitioner submits that as far as the applicability of res judicata in a proceeding before the Foreigners Tribunal is concerned, the same is settled that if a proceedee was already declared an Indian in a procceding before the Foreigners Tribunal, unless the same is interfered by the competent forum, the same will be binding on subsequent proceeding against the same person in terms of the decision of the Hon'ble Supreme Court passed in Abdul Kuddus vs. Union of India (2019) 6 SCC 604 and the decision rendered by this Court in WP(C) No.2099/2018 (Sital Mandal vs. Union of India and Ors.) on 28.04.2022 and other analogous matters and as such, if any such application is made by the applicant in the subsequent proceeding, the Tribunal is duty bound to examine the same to ascertain as to whether the proceedee is the same person who was proceeded earlier before the Tribunal and a favourable opinion was passed by the Tribunal declaring him/her to be an Indian.
Gauhati High Court Cites 2 - Cited by 0 - N K Singh - Full Document

Abdul Jabbar vs Union Of India And 6 Ors on 9 January, 2023

5. Learned counsel for the petitioner submits that as far as the applicability of res judicata in a proceeding before the Foreigners Tribunal is concerned, the same is settled that if a proceedee was already declared an Indian in a procceding before the Foreigners Tribunal, unless the same is interfered by the competent forum, the same will be binding on subsequent proceeding against the same person in terms of the decision of the Hon'ble Supreme Court passed in Abdul Kuddus vs. Union of India (2019) 6 SCC 604 and the decision rendered by this Court in WP(C) No.2099/2018 (Sital Mandal vs. Union of India and Ors.) on 28.04.2022 and other analogous matters and as such, if any such application is made by the applicant in the subsequent proceeding, the Tribunal is duty bound to examine the same to ascertain as to whether the proceedee is the same person who was proceeded earlier before the Tribunal and a favourable opinion was passed by the Tribunal declaring Page No.# 4/7 him/her to be an Indian.
Gauhati High Court Cites 2 - Cited by 0 - N K Singh - Full Document

Musstt Rohima Khatoon @ Rohima Khatun @ ... vs The Union Of India And 6 Ors on 9 October, 2023

7. Mr. Kalita, learned Standing counsel, Home Department of the State submits that the law laid down by the Hon'ble Supreme Court in the case of Abdul Kuddus (supra) has not been properly followed in the case of Sital Mondal (supra). As such, by placing both the decisions noted above, Mr. Kalita, wants to place the differences in those two decided matters.
Gauhati High Court Cites 2 - Cited by 0 - M R Pathak - Full Document
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