Court : Punjab and Haryana
Reported in : (2006)144PLR529
..... case relating to the west bengal land reforms act, 1955, it was held that section 5 of the limitation act is inapplicable as the ..... an application under section 8 of the west bengal land reforms act and for preferring appeals or revisions under the provisions of section 14-h, section 14-o(1), section 19(2) and rule 26 of the rules framed under the west bengal land reforms act either section 5 of the limitation act or its principles had been expressly and ..... west bengal land reforms act prescribes the period of limitation for applying to enforce pre-emption rights, it did not speak of application of section 5 of the limitation act ..... west bengal land reforms act ..... scheduled building, as the case may be, for his own occupation, there shall accrue, on and from the date of such application to such specified landlord, notwithstanding anything contained elsewhere in this act or in any other law for the time being in force in any contract whether expressed or implied, custom or usage to the contrary, a right to recover immediately the possession of such ..... land acquisition collector is not a court and, therefore, the provisions of section 29(2) of the limitation act, 1963 cannot be applied in view of the specific limitation prescribed in proviso to section 18(2) of the land acquisition act ..... act is a self-contained code, which provides to enforce the right of pre-emption, forum is provided, penalties are indicated for non-compliance with the order and powers are given for restoration of the land .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2008]142CompCas441(P& H); (2008)2CompLJ213(P& H); (2008)149PLR98; [2009]89SCL121(Punj& Har)
..... karuna sardar : (2004)4scc252 , while considering the provisions of the west bengal land reforms act, 1955, in the light of section 29(2) of the limitation act, 1963, made following observations (page 265):13. ..... to get the period during which the suit or application, was pending and prosecuted bona fide in the wrong court excluded as a matter of right, the remedy based on the principles of that provision under section 5 of the act in the case of an appeal is discretionary, and the court may condone the delay in filing an appeal in the correct court if the requirements of section 14 appear to have been satisfied and on the facts and in the circumstances of the ..... thus, even if the period spent before the hon'ble delhi high court constitutes sufficient cause for extension of period under section 5 read with section 14 of the limitation act, these sections cannot be applied de hors proviso to section 10f to extend the limitation beyond sixty days in addition to the original period of sixty days (total 120 days) for filing an appeal as proviso to section 10f does ..... union of india , wherein it was observed as under (page 385):for the foregoing reasons, we are of the view that section 14 of the limitation act is applicable to the proceedings under the customs act in respect of an appeal provided under section 128 and the time spent in the high court in the abortive attempt to invoke the jurisdiction of the high court under article 226 of the constitution and before the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)4PLR440
..... hon'ble apex court again considered a similar provision under the west bengal land reforms act, 1955, and ruled as under:13. ..... only on the nature and character of the authority, whether it is court or not but also on the nature of powers conferred on such authority or court, the scheme underlying the provisions of the act concerned and the nature of powers, the extent thereof or the limitations, if any, contained therein with particular reference to the intention of the legislature as well, found expressed therein. ..... with three reported judgments of this court, on the question of condonation of delay under section 5 of the limitation act in proceedings before the rent controller, particularly, in condoning the delay in filing an application for seeking leave to defend ..... non-applicability of section 5 of the limitation act to the proceedings under section 8 of the act is certain and sufficiently clear section 29(2) of the limitation act as to the express exclusive of section 5 of the limitation act and the specific period of limitation prescribed under section 8 of the act, without providing for either extension of time or application of section 5 of the limitation act or its principles can be read together harmoniously. ..... absence of such express provision, we do not find any rhyme or reason to import the applicability of the provisions of limitation act or implied vestige of discretion with the rent controller to condone the delay in the filing of the application or to extend .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H8
..... act under which lands of tenure-holders were taken away for purposes of common utility without payment of compensation.in (s) air 1955 sc 504 (f), the validity of ra-jasthan land reforms and resumption of jagirs act ..... of the bihar land reforms act 1950 was found ..... mortgagees and the same was found to be covered by item 21 of list ii of the government of india act, the language of which is the same as of item 18 of list ii of the present constitution.the validity of the rajasthan land reforms and resumption of jagirs act was in issue in (s) air 1955 sc 504 (f). ..... that by the inclusion of only such displaced persons whose schemes have been published within the specified dates for being deprived of their rights and interests in property leaving others with regard to whose lands schemes were published either before or after those dates, there would be clear discrimination because the publication of the schemes within a particular period or time can have no special or rational nexus ..... as givenby article 31-a (2) is as follows : 'the expression 'estate' shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and shall also include any jagir, inam or maufi or other similar grant; the expression 'rights', in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor ..... state of west bengal, 62 cal wn 14: ..... the supreme court, in state of west bengal v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H162
..... there, the constitutional validity of the ajmer abolition of intermediaries and land reforms act, 1955(ajmer iii of 1955) and section 8 thereof was attacked. ..... the provision with regard to a family is also made in the kerala land reforms act (1 of 1964), according to section 2(14) of which the family means husband, wife and their unmarried minor children or such of them as exist. ..... of the ceiling area was transferred by such family or any member thereof or by such adult unmarried person, as the case may be, after the 18th december, 1957, and on or before the date of publication of the kerala land reforms bill, 1963, in the gazette, otherwise than-- (i) by way of partition; or (ii) on account of natural love and affection; or (iii) in favour of a person who was a tenant of the holding before the 18 the december, 1957, and continued to be so till the ..... state of kerala, air 1972 sc 2097, with regard to the explanation to section 85(1) of the kerala land reforms act (1 of 1964)(as amended by act 35 of 1969), section 85 of the said act, so far as relevant, read:'85. ..... in that case (section 7, bengal land revenue sales (west bengal amendment) act was declared invalid on the ground that it purported to deprive individuals of right which they had acquired retrospectively. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H161
..... the amount of compensation is not fixed -- as indeed it could not be -- the principles on which and the manner in which the compensation is to be determined and given has been provided in section 34(1) of the impugned act which provides that compensation shall be assessed by the consolidation officer as far as practicable in accordance with the provisions of section 23(1) of the land acquisition act, which section provides for what it is to be taken into consideration for determining the compensation. ..... state of west bengal v. ..... 1954 sc 119 (b) and --'state of west bengal v. ..... to -- 'state of west bengal v. ..... section 2(b) defines consolidation of holdings to mean-'2(b) 'consolidation of holdings' means the amalgamation and the redistribution of all orany of the lands in an estate or sub-division of an estate so as to reduce the number of plots in the holdings;' section 2(j) defines 'sub-division' to' mean a 'patti', 'taraf or 'pata' in a record ..... merely 'because in regard to compulsory acquisition for public purposes under the land acquisition act a particular procedure is prescribed is no reason for holding that the impugned act introduces any discrimination in regard to the applicability or protection of laws. ..... as this case' is concerned the only relevancy of 'subodh copal dose's case (a)' is the meaning of the words 'taken possession of and taking that to be applicable the impugned act does make a provision for compensation and the principles and the manner of its determination. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H235
..... advice of the legal remembrancer, it was resolved to take necessary steps to issue a notification under section 4, read with section 17(1) of the land acquisition act, but before this was actually done it was decided to take the concurrence of the finance department to the payment of token compensation of rs. ..... for compulsory acquisitions is thus intended to reduce to a considerable extent the chances of abuse or misuse of the power of such acquisition conferred on the government by section 6 of the act, for, such a contribution--however insignificant--is to have the sanction of the finance department and is finally liable to comment, discussion and scrutiny in the legislature if need be. ..... government of west bengal air 1952 cal 573, where a single judge of the calcutta court approved of the decision of the madras ..... this petition was filed in march 1961, but on 22nd april 1961 a supplementary affidavit was filed in which it was elaborated that the land, which is the subject-matter of the impugned notification, has not been acquired for a public purpose nor at public expense as wrongly stated ..... this decision, the learned judge expressed himself in these words:-'it is no doubt true that if there are sufficient materials before the court to show that a particular act of acquisition is not a bona fide exercise of the power but is a fraud on the land acquisition act or is an evasion of the act, the courts will be astute to scan such act with disfavour and will set it aside if necessary. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H225; 1969CriLJ932
..... the state issued a notification on february 4, 1955, under section 4 of the west bengal land development and planning act, 1948, stating that an extent of about 28.59 acres of lands, situated in the named villages, was ..... . on or about march 21, 1955, the society submitted a development scheme and the collector issued notice, under rule 5 (2) of the west bengal land development and planning rules, ..... 20th november, 1950, against the state of bihar , in the court of the subordinate judge, dumka, for a declaration that the bihar land reforms, act, 1950, was ultra vires the bihar legislature , and was, therefore, illegal, void, unconstitutinal, and inoperative, and that the defendant had no right to issue any notification under the said act or to take possession or otherwise meddle or interfere with the management of her estate. ..... by their lordships of the supreme court in air 1967 sc 1145, in that case, the society of farmers and rural industrialists, requested the state of west bengal to acquire, compulsorily, certain land for the establishments, of an agricultural colony ..... period 1956 to october , 1959, in the districts of jullunder and hosiarpur and other places, were a party to a criminal conspiracy having for its objects the doing or causing or be done illegal acts and acts which are not illegal by illegal means, to wit, to obtain fraudulently passports from the persons at various places in the punjab and after obtaining the same to forge them by removing photographs of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR359
..... . outside the state of karnataka but the state of west bengal would be the appropriate government to refer the case under section 10 of the act to the labour court or tribunal as the situs of employment of workmen was located in ..... held that though the divisional office at bangalore would plainly have jurisdiction because it controlled the workmen at barrackpore who were employed beyond the state of karnatka, still it was held that the state of west bengal, which had jurisdiction over the situs of employment, would also have jurisdiction to take cognizance of the industrial dispute ..... it was factually held that barrackpore branch was under the control of the divisional office at bangalore yet the industrial tribunal in west bengal was held to have jurisdiction despite sternuous objection being raised thereto ..... it cannot be said that the reference of the dispute must necessarily be made by the state within the territory of which the head office of the employer company is situate especialy when the object of the act is to ensure fair terms to the workmen and to prevent disputes between employers and employees so that production might not be adversely affected and the larger interests of the public might not suffer ..... was held that the industrial dispute arose at barrackpore and the reference by the west bengal government was valid and legal ..... ., case (air 1955 bom 463) (supra) and its affirmance by the final court in ..... . 1955 bombay 463, which were affirmed by the final court in indian .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H439
..... the new university, and (b) he would not be pushed about by the government, during his stipulated tenure.shri brar pointed out that according to the provisions of clause (7) of statute 4 of the university act, he would issue the notification regarding the petitioner's appointment for a 3-years term, in the first instance, but would make the first term imperatively renewable in the 'terms and conditions of the appointment' to ..... of india, which read as under :'(1) the president, or the governor of a state, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties : provided that the conduct of the president may be brought under review by any court, tribunal or body ..... legislature can legally be gone into by courts of law, that in the instant case, sufficient proof has been placed on the file to show that the issuance of ordinance and the enactment of the amendment act are as a result of the malice borne by the governor and the chief minster against the petitioner that the position of a minister as it obtains today and also as reflected by rules of ..... , west ..... was a jagirdar was not required under any law to introduce within his jagir either zamindari or raiyatwari system of land administration and that, therefore, he had leased out in 1909, lands, to the non-applicant tenants ..... legal affairs, (1955) 1 scr ..... 1955 ..... .....
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