LAWS(GAU)-1996-4-12

BUDDHA DHARMANKUR SABHA Vs. SUNIL BARUAH

Decided On April 03, 1996
BUDDHA DHARMANKUR SABHA Appellant
V/S
SUNIL BARUAH Respondents

JUDGEMENT

(1.) The subject matter of the suit centring round this Revision petition is claimed to belongs to the Buddhist Community who are followers of Great Buddha. Buddhism is undoubtedly a great world religion and phylosophical system which in its train generated a great civilisation with its unique art, architecture, culture, sculpture and vast literature in Pali, Sanskrit, Chinese, Tibetan, Japanese and many other languages.

(2.) The disputation in which we are concerned here is purely of mundane nature having all the prosail, if not, the banel, characteristics of a litigative battle and far away from the basic tenants of Buddhism. Instead of traditional Buddhist affirmation -- "I take refuse in the Buddha, (Dharma), I take refuse in the law (Dharma), I take refuse in the Community (Sangha)." Instead, the parties thought it prudent to take recourse to the litigation which will be discussed now.

(3.) This revision petition has arisen out of an order dated 7.2.92 passed by the learned Assistant to the Deputy Commissioner whereby the learned Court below vacated the ad interim injunction granted earlier on 13.3.91. The said order was affirmed by the learned appellate Court, namely, the Additional Deputy Commissioner, East Khasi Hills, Shillong.