Judgment Search Results Home > Cases Phrase: west bengal government land regulation of transfer act 1993 Page 1 of about 1,590 results (0.157 seconds)

Dr. Abhijit Banerjee Vs. Pradip Kr. Dutta

Court : Kolkata

..... he further contended that the application of the west bengal government land (regulation of transfer) act, 1993 in the instant case is an issue in the said suit and the fate of the said suit is dependent on the ..... to keep it on record that this court was informed that after passing of the division bench judgment in the aforesaid pil matter, west bengal government land (regulation of transfer) act, 1993 was amended but the amended provision of the said act has not yet come into operation for want of notification under section 1(2) of the said act. ..... the west bengal government land (regulation of transfer) act, 1993 is applicable in the instant case, then the civil court's jurisdiction to try the said suit is ousted in view of the provisions contained in section 21 of the said act. ..... materials on record, it seems that it is a suit between landlord and trespasser and the suit does not involve determination of any question of law relating to the provision contained in sections 8, 9, 10 and 10(2) of the west bengal government land (regulation of transfer) act, 1993.9. ..... in view of the said privy council decision, this court holds that the west bengal government land (regulation and transfer) act, 1993 is applicable to all government land in west bengal including salt lake but fact remains that the operation of the said act was kept in abeyance by a notification issued by the government on 20th march, 1998 and the said notification was quashed by the division bench of this hon'ble court in .....

Asansol Durgapur Development Authority and anr. Vs. Tapas Banerjee and ...

Court : Kolkata

Reported in : (2009)1CALLT59(HC),2008(4)CHN297

..... appeal is directed against an order dated 14th february, 2006 passed by the hon'sle first court whereby his lordship was pleased to allow the writ petition and came to the conclusion that the expression 'transfer' used in the west bengal government land (regulation of transfer) act, 1993 (hereinafter referred to as the 'said act') read with the clause contained in the deed of lease is not intended to be used in the wider connotation so as to include a testamentary succession. ..... surajit nath mitra, learned counsel appearing on behalf of the appellant authorities contended that the west bengal government land (regulation of transfer) act came into force in the year 1993. ..... 'transfer of government land' includes the transfer of any right, title, interest or possession in such land, either in whole or in part, and also includes the transfer to a tenant or licensee of the right of enjoyment of such land or the transfer of management of such land by an instrument creating a power-of-attorney within the meaning of the powers-of-attorney act, 1882, or by any other instrument having effect by virtue of any law other than this act.explanation. ..... the question in this matter whether even after the enactment of the said act of 1993, the transfer can be made for the government land by the lessee. .....

Mr. Arunanshu Chakraborty Vs. Mr. Manish Kumar Mukherjee

Court : Kolkata

..... in course of hearing of this application, the applicant contended that in view of the provisions contained in west bengal government land (regulation of transfer) act, 1993, the interest of a lessee in a property in salt lake cannot be transferred by way of will in favour of any third party who is not an heir of such a lessee but ultimately did not press this point.5. ..... that the appellant should be during the pendency of these appeals restrained from entering into any contract with respect to the property which is the subject-matter of these appeals and should also be restrained from transferring, encumbering or dealing with the same or changing the nature and character of the property till the disposal of these two appeals. .....

Gtz (India Private Limited) Vs. Power Electronic Engineers and ors.

Court : Kolkata

..... 1 and 2 cancelled the agreement and intimated the plaintiff concerned to take refund of the amount of earnest money.d) the suit was further barred as per provision of west bengal government land regulation transfer act, 1993 and the suit for specific performance was not sustainable before the civil court and as such, the injunction application should be dismissed.5. ..... therefore, the first question that arises for determination in this appeal is whether in view of the provisions contained in the west bengal government land regulation and transfer act, 1993, the present suit for specific performance is prima facie barred in a civil court.11. ..... 1 and 2, the plaintiff wrote a letter to the concerned officer of the government of west bengal on the subject of permission for the transfer of the leasehold right in reply to the letter dated 25th october, 2005 addressed to the defendants.i) the plaintiff, subsequently, requested the defendants to expedite the matter and for obtaining permission for transfer of the suit property to the plaintiff but the defendant nos. ..... 1 and 2 and from that date, they were in possession.d) on 14th october, 2004 on behalf of the government of west bengal a notice was issued asking why the plot of land should not be resumed for violating clause 296 of the lease agreement.e) the defendant nos. ..... department, government of west bengal for transferring the property but the u.d. .....

Prafulla Kumar Roy Chowdhury and anr. Vs. Bharat Petroleum Corporation ...

Court : Kolkata

Reported in : (2003)3CALLT392(HC)

..... or by the transfer of property act, as the case may be, irrespective of construction ..... acts the calcutta thika tenancy act, 1949 and the calcutta thika and other tenancy and lands (acquisition & regulation) act, 1981 clearly indicates intention of the legislature to give protection to the thika tenants where the tenancy is temporary in nature and it is an admitted position that the tenants who are occupying temporary structures constructed by them are the thika tenants of the lands while the tenants who are in occupation of permanent structures are governed by the west bengal premises tenancy act ..... it has been further averred by the defendant that in view of enactment of the calcutta thika tenancy (acquisition & regulation) act, 1981 and in view of subsequent enactment of the calcutta thika tenancy (acquisition & regulation) (amendment) act, 1993, the said premises vested in the state of west bengal and neither the original plaintiff had nor the present plaintiffs have any right whatsoever over the suit premises. .....

Gloster Jute Mills Limited Vs. Hooghly Mills Company Limited

Court : Kolkata

..... by a decision dated 14th december, 1984 the government of west bengal exercising powers under chapter iii of the urban land (ceiling and regulation) act, 1976 exempted 11,62,329.77 sq. ..... in those proceedings they asked for orders upon the government of west bengal to grant the necessary permission to execute the conveyance (under the agreement dated 24th march 1988). ..... further stated that since there was no permission from the government of west bengal, the conveyance could not be executed. ..... rights and interests of the said transferor company and specified in the first , second and third parts of the schedule b hereto be transferred from the said transfer date and be vested without further act or deed to the said transferee company and accordingly the same shall pursuant to section 394(2) of the companies act, 1956, be transferred to and be vested in the said transferee company for all the estate and interest of the said transferor company but subject ..... the point taken is that by the scheme of de merger sanctioned by the court on 31st may 1993 the north mill did not vest in the petitioner. ..... by the said order of this court dated 31st may 1993 the jute division of fort gloster industries ltd. ..... paragraph 1 of the order dated 31st may 1993 (these orders are submitted in draft to the court by the applicant) is contrary to such form ..... us examine the scheme which is schedule a to the order made on 31st may 1993. ..... order was passed on 31st may, 1993. ..... 28 of 1993 connected with company application .....

Kalyan Ganguly (Gangopadyay) and Another Vs. Ganesh Prasad Chakraborti ...

Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

..... supra) and submitted that under section 6 of the west bengal building (regulation of promotion of construction and transfer by promoters), 1993 any dispute regarding the purchase of any flat is to be decided by such officer as may be prescribed by the state government and the consumer forum has no jurisdiction to entertain ..... forum was justified in holding that the tripartite agreement was not a subject matter of the said suit and the dispute between the land owner and the developer had no connection with the present litigation. 11. ..... it has also been contended that it was a contractual act between the parties and it would not come within the purview ..... it is submitted that it was a contractual act between the parties and the question of deficiency in service would not arise for consideration under the provisions ..... of 2011 the complainant instituted the complaint case stating that op no.1 is a construction company and op no.2 is the land owner of the property. ..... act wherein it has been provided that the provisions of the act shall be in addition to and not in derogation of the provisions of any other law for the time ..... act, otherwise the very purpose and object of the act will ..... act provides an additional remedy which is not in derogation ..... act provides as follows: when the office of president of a district forum, state commission, or of the national commission, as the case may be, is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties ..... act .....

Banwarilal Jalan Vs. Pramod Kumar Jalan

Court : Kolkata

..... the combined reading of the aforesaid provisions of the west bengal premises tenancy act, 1997 it is clear that a tenant governed by the said act can transfer, assign or sublet his tenancy right during his lifetime only after obtaining previous consent in writing of the landlord and if he does so without taking such previous consent in writing, such an act will afford a ground of eviction in favour of ..... . we, therefore, hold that the testator himself having admitted his right of tenancy which is undisputedly governed by the provisions of the west bengal premises tenancy act was not competent to bequeath such tenancy right in favour of his particular grandson in violation of the line of succession laid down in the act of 1997 and the learned single judge by the order impugned has erroneously directed the executor to assent to the legacy of the tenancy right in ..... , is not appealable, the question before us is whether a probate court can pass direction upon the executor to deal with a property which cannot form subject-matter of a bequest in accordance with law of the land and if such a direction is given, whether such direction amounts to passing a wrong direction upon the executor to deal with somebody elses property ..... lease deed, it cannot be said that the bequest in favour of strangers inducting a stranger into the demised premises or the building erected thereon is not governed by the provisions of the regulation or that prior permission should be required in that behalf ..... on may 22, 1993 .....

Dulal Chandra Bayen Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2004)2CALLT147(HC)

..... municipal records were also amended showing the government of west bengal as owner of the land and the petitioner, owner of the structure standing thereon ..... statement was filed in the said suit denying that the tenancy was governed by the west bengal premises tenancy act and the thika tenancy was claimed. ..... this writ petition was filed challenging the judgment and order passed by the west bengal land reforms and tenancy tribunal, whereby the earlier writ petition filed by the present petitioner, was ..... petitioner raised preliminary objection against maintainability of the suit on the ground of the bar created under the provisions of the calcutta thika tenancy (acquisition and regulation) act, 1981 but final determination of the said issue was postponed till the hearing of the suit by an order dated 8th august, 1990 in civil revision case being c.o. ..... we find that such findings have not been arrived at declaring the status of the appellant in a civil suit, but findings, if any, arrived at on interlocutory applications by passing interlocutory orders in the suit filed under the west bengal premises tenancy act is not declaration of status.9. ..... 4556(w) of 1997 which was subsequently transferred to the west bengal land reforms and tenancy tribunal and was renumbered as t.a. ..... here) and the present petitioner an opportunity of being heard by a reasoned order.accordingly, thika tenancy by an order dated 8th december, 1993 held that the petitioner is not a thika tenant but a premises tenant. .....

M/S. Spectrum Electronics and ors. Vs. State Bank of India and ors.

Court : Kolkata

Reported in : (1998)2CALLT351(HC),[1999]97CompCas451(Cal)

..... a pre-emption proceeding under the west bengal land reforms act, 1955, it was held that, inasmuch as, section 9(6) of the said act confers a right of appeal and also fixes the forum, namely, the court of the district judge, which in view of section 3(2) of the bengal, agra and assam civil courts act, 1887, may include, an assignment, the court of the additional district judge appointed for the district, the appeal could not be transferred to any other court subordinate to ..... it was held that since the powers of the high court were excluded in respect of appeals pending before it which were valued between ten and twenty thousand rupees and were to be transferred to the district judge concerned, the high court could not restrain such category of first appeals in order to try and dispose of the same in exercise of its powers under section 24(1)(b) of the code of civil ..... mukherjee also contended that from section 4 of the 1993 act it would be apparent that the tribunal was to be a one man tribunal and the central government did not even have the power to appoint more than one presiding officer for ..... bhattacharyya submitted that section 22 of the above act makes it clear that the tribunal would not be bound by the procedure laid down in the code of civil procedure but is to be guided by the principles of natural justice with power to regulate its own procedure with the object of providing a summary procedure before a special forum for speedy recovery of debts due to banks and financial .....