AMINA KHATUN Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
UNION OF INDIA
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UJJAL BHUYAN,J. -
(1.) A common question of law arises in this bunch of writ petitions because of which all the writ petitions were heard together, hearing of which was concluded on 10.04.2018 and today is fixed for delivery of order.
(2.) The issue which arises in this bunch of writ petitions is as under:-
"Whether the plea of res judicata as provided under Section 11 of the Code of Civil Procedure, 1908 would be attracted to a proceeding under the Foreigners Act, 1946 read with the Foreigners (Tribunals) Order, 1964?"
(3.) We have heard Mr. B.D. Das, learned Senior counsel for the petitioner in WP(C) No. 797/2017; Mr. Giasuddin, learned counsel for the petitioner in WP(C) No.7339/2015; Mr. A.S. Tapadar, learned counsel for the petitioner in WP(C) No.1238/2017; Mr. U. Saikia, learned counsel for the petitioners in WP(C) Nos.6327/2016 and 2186/2017; Mr. B. Chanda, learned counsel for the petitioner in WP(C) No.1333/2016 and Mr. S.C. Biswas, learned counsel for the petitioner in WP (C) No.1849/2016. We have also heard Mr. N. Dutta, learned Senior counsel, as amicus curiae; Mr. S.C. Keyal, learned Assistant Solicitor General of India and Mr. U.K. Nair, learned Senior Special Counsel, Foreigners Tribunal (FT) assisted by Mr. A. Kalita, learned Special Counsel, FT.;
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