SHRI PABINDRA NATH SARMA Vs. SHRI JAGADISH SEAL
HIGH COURT OF GAUHATI
Shri Pabindra Nath Sarma
Shri Jagadish Seal
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T.N. Singh, J. -
(1.)THIS matter has come up for admission today but it is a matter which has to be disposed of at the threshold. Because, it arises out of a proceeding under section which legislature intended to be seasonal' to take care of 'emergency' situation.
(2.)AFTER hearing learned Counsel for the Petitioner, Mr. T.S. Deka I am impressed by only one aspect of the case, otherwise I did not see any reason for this Court's interference in this matter. It is this Learned Sessions Judge before whom a revision was Preferred against the order rendered by the trial court, has not properly disposed of the proceeding. Though a longish judgment was written, it is submitted, it is bereft of any discussion of evidence. This objection is indeed fatal in my opinion.
Even as a revisional Court it is learned Sessions Judge's bounden duty to discuss evidence threadbare as final court of facts and then arrive at his own independent findings before recording any conclusion. Accordingly mere dittoing the findings.
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