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Section 46

The Assam Frontier (Administration of Justice) Regulation,1945State Act of Arunachal Pradesh · Act 1 of 1945

(l) Any person aggrieved by adecision ofavillage authority may appeal to the [Assistant Commissioner]2 in suits not exceeding Rs.500 in value and to the [Deputy Comrnissionerlr in suits exceeding that value.

l. Substituted for 'Political Oflicer'by the NEFA (Administration) Regulation, 1965.

2. Substituted for 'Assistanr Political Officer'by NEFA (Adminislration ) Regulation 1965.

Assessors

44. (l) A1l suits tried by the village authorities shall be Hearing of decided in open Darbar in the presence of the parties and at cases.

least ttree independent withness.

(2) The [Deputy Commissioner]1 or an [Assisrant Commissionerl'? may dircct a village authority to report their procedings in any cases or class of cases in any way which may appear to him to be suitable. Save as required by such direction, no record ofany procedings shall be mainained.

(3) After hearing bolh parties and rheir witness, ifany, the village authority shall forthwith pronounce a decision.

Appeals from village authorities.

Procedure after pronouncement of decision.

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(2) If such an appeal is filed, a record shall be made of the matter in dispute, and ofthe decision of the village authority.

(3) The appeltate cour1 shall, if necessary, examine the parties, and if the decision appears to bejust, shall affirm and enforce the decision as its own. If the aPpellate court sees grounds to doubt the justice of the decision, it shall try the cases de novo or refer to a Panchayat ; in any case so refrred, the provisions of section 38 shall apply as if the parties had agreed to submit to arbitration.

47. An appeal shall lie to the lDeputy Commissioner]rfrom any decision original or appellate, of an [Assistant Commissionerl'?.

48. An appeal shall lie to the [High Court]rfrom an original decision ofthe [Deputy Commissioner]' if the value of the suit is not less than Rs. 500 or ifthe suit involves a question of trial of rights or customs, or of the right to, or Possession of, immovable property.

49. An appeal which lies to the [Deputy Commissioner]r or [High Court]r may be presented to the IAssistant Commission]'1 who shall.if it is in order and presented in due time, endorse upon it the date of receipt and transmit it with the records of the case to the lDeputy Commissioner]r l. Substituted for 'Political Officer' by the NEFA (Administration) Regulation 1965.

2. Substituted for 'Assistant Political Officer'by the NEFA (Administration) Regulation 1965.

3. Substituted for 'Govemor' by ALO 1950.

4. Substituted for 'He'by ALO 1950.

Appeals Aom Assistant C-ommissiqrr Appeals from Deputy Commisstrner.

Presentation of appeals.

50. The [High Court]]may, on application or other wise, call Powers o1' for the proceedings of any originial ca\e or appeal decided by revision' the lDeputy Commissioner]' and not appealable under this Regulation and may pass such orders as [itl1 may deem fit.

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51. Every petition of appeal under sectio[ 47 or section 48 and every application under section50 shall be accompaniedby a copy of the order against which the appeal or application is made, and shall be filed within thirty days of the date of such order, excluding the time taken in procuring a copy of the order

52. [The H igh Court]r the court of [Deputy Conrmissioner]'], [Assistant Commissioner]r shall be guided by rhe spirit, but shall not be boundby the letter, of the Code ofCivil Procedure,

1908. and shall follow subject to any expess provisions of these rules, the principles of the lndian Limitation Act. +* 1908, in disputes between persons who are not indigenous to the [Union Tenitory ofArunachal Pradesh]r

Where this provision sits

ActThe Assam Frontier (Administration of Justice) Regulation,1945
Section46
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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