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HafizuddIn Adult Son of Sri MajeeduddIn Vs. Additional District Judge ...

Court : Allahabad

Reported in : [2006(109)FLR877]; (2006)IIILLJ276All

..... the further period of limitation is also specifically provided to make an application and that for preferring an appeal and references under the provisions of the act as section 8 of the west bengal land reforms act 1955 prescribes the period of limitation for applying to enforce presumption rights, it does not speak of application of section 5, limitation act or its principles. ..... state of karnataka it was contended on behalf of the appellants that section 48-a of the karnataka land reforms act, 1961 which provided far the making of an application within a particular period should be construed liberally in favour ..... opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ..... payment of wages and penalty for malicious or vexatious claims- (1) the state government may, by notification in the official gazette, appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other officer with experience as a judge .....

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

Court : Kolkata

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

..... 1982(1) chn, page 215, wherein in respect of an appeal in 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, ..... dasarath ramaiah,reported in : air1985kant208 , where it was, inter alia, held that since the claims tribunal under the motor vehicles act, 1939, was a court subordinate to the high court, within the meaning of section 24 of the code of civil procedure, the high court could transfer a ..... matters were required to be heard analogously, and since the debts recovery tribunal had no jurisdiction to entertain a suit, other than those indicated in section 17 of the 1993 act, the application pending before the tribunal should be transferred to the court of the assistant district judge. ..... mukherjee with regard to transfer of cases from one claims tribunal under the motor vehicles act to another such claims tribunal cannot be applied to the facts of a case of this nature, since the said cases entail transfer of cases between tribunals exercising ..... for the self-same reason, the provision for appeal, as provided in section 20 of the act and the procedure in respect thereof provided in section 21, will be rendered nugatory, if the pending .....

Sarat Chandra Das Vs. the Revenue Officer and ors.

Court : Kolkata

Reported in : (1994)1CALLT395(HC)

..... can an adopted son be considered to be a 'son' within the meaning of 'family' as defined m section 14-k(c) of the west bengal land reforms act, 1955 (for short 'act') is the question that needs to be decided in this writ application.2. ..... (3) feeling aggrieved by the final order passed by the revenue officer disposing of the aforesaid case and determining the ceiling limit of lands under the act the writ petitioner has come up to this court under article 226 of the constitution for setting aside the same.4. ..... by an order and/or judgment passed in the aforesaid case, the revenue officer determined the ceiling limit of the lands that may be retained by the writ petitioner under the act and while determining such ceiling limit, the revenue officer has held that an adopted son of a raiyat cannot be as a son considered as within the meaning of 'family' as defined in section 14k(c) of the act, for the purpose of calculating the ceiling limit of lands under section 14(m) of the act. ..... section 14(k)(c) of the act defines 'family' of a raiyat, which is as follows :'14k(c)-'family' in relation to a raiyat, shall be deemed to :(i) himself and his wife, minor sons, unmarried daughters, if any,(ii) his unmarried adult son, if any, who does not hold any land as a raiyat,(iii) his married adult son, if any, where neither such adult son nor the wife nor any minor son or unmarried daughter of such adult son holds any land as a raiyat,(iv) widow of his .....

Deo Raj Son of Indra NaraIn Vs. the State of Uttar Pradesh, Through Se ...

Court : Allahabad

Reported in : AIR2005All192; 2005(3)AWC2626

..... considered the provisions of west bengal land reforms act, 1955. ..... such a provision is not made for limitation of the proceedings under section 8 of the act, it necessarily follows that the legislature did not intend to give benefit of section 5 of the limitation act having regard to the nature of right of pre-emption which is considered a weak ..... while considering the provisions of the land acquisition act, 1894 again took the view that the collector/land acquisition officer has no power to condone the delay in making application for reference since they act as statutory authority and not as a court for the purposes of section 5 of the limitation act. ..... the petitioner has submitted that there is no power under rule 78 to condone the delay in filing the revision since the provisions of section 5 of the limitation act, 1963 are not applicable while hearing the revision under rule 78. ..... and a few other provisions are clear enough to indicate that the act is a complete code in itself dealing with the rights of pre- ..... rule 26 of the rules framed under the act provides that every appeal under section 51-a of the act is to be filed within one month from the date of passing of the ..... above, the act is a self-contained code inasmuch as the act provides to enforce the rights of pre-emption, forum is provided, procedure is prescribed, remedies including the appeals and revisions are provided, penalties are indicated for non-compliance with the orders and powers are given for restoration of land. .....

Sk. Golap and Others Vs. Bhuban Chandra Panda and Others

Court : Kolkata

Reported in : AIR1991Cal295,95CWN100

..... no, 10849(w) of 1987, was instituted by them challenging the proceedings under the west bengal land reforms act, 1955 (hereinafter referred to as 'the said act'), which culminated into an order recording the names of the appellants as bargadars and the consequential issue of 'barga certificates' in their favour in respect of the land owned by the writ petitioners. ..... contention was that shri chhangani's nomination as the chairman of the tribunal vitiated its proceedings since he was disqualified from acting as such on account of his having once appeared as senior counsel and having argued the case on behalf of pc ..... course of the hearing of the review petition, but there is no dispute that at the hearing of an earlier writ petition concerning the recording or attempted recording of barga in respect of the selfsame land, the learned single judge had appeared, while at the bar, on behalf of the present writ petitioners.5. mr. ..... the 'operation barga scheme' initiated by the state government and the initiation or apprehended initiation of the proceedings for the recording of the names of bargadars in respect of the self-same land was under challenge, he should not have heard and decided the present writ petition. ..... of a tribunal that is called upon to try issues in judicial or quasi-judicial proceedings must be able to act judicially; and it is of the essence of judicial decisions and judicial administration that judges should be able to act impartially, objectively and without any bias. .....

Sheetal Enterprises Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2006(1)BomCR136; 2008[11]STR219

..... karuna sardar : (2004)4scc252 with reference to the west bengal land reforms act, 1955. ..... learned counsel appearing for the petitioner submitted that though appeals preferred by the petitioner under section 35 of the central excise act ('the act' for short) were barred by limitation, still, prayer for condonation of delay could not have been rejected by the 1st appellate authority. ..... lalit narain mishra : [1974]3scr31 :even in a case where special law does not exclude the provisions of sections 4 to 24 of the limitation act, by an express reference, it would nonetheless be open to the court to examine whether and to what extent the nature of those provisions or the nature of the subject-matter and scheme of the special law exclude their operation.14. ..... in the appeal before the apex court it was contended that section 29(2) of the limitation act makes the provisions of section 5 of the limitation act applicable to the special laws like 1996 act, since 1996 act itself did not expressly exclude its applicability and that there was sufficient cause for the delay in filing the application under section 34. ..... (2000) 117 stc 436 (sc) the apex court was considering the scope of section 24(7) of the orissa sales tax act, 1947, as per which the amount due in accordance with the order of the tribunal shall not be stayed pending disposal of any application or reference. .....

Commissioner of Sales Tax, Maharashtra State Vs. N.H. Polymers

Court : Mumbai

Reported in : (2008)13VST73(Bom)

..... provision under consideration in that case was section 8 of the west bengal land reforms act, 1955. ..... time-limit specified in the statute, by excluding the time spent in prosecuting in good faith and due diligence any prior proceeding on the analogy of section 14(2) of the limitation act.28.on a conspectus of the decisions earlier referred to and their ratio, it would be clear that the authorities constituted under the sales tax act for deciding the tax dues are not courts, but tribunals and unless there is an express power conferred by the ..... as under:had the proviso to section 34 merely provided for a period within which the court could exercise its discretion, that would not have been sufficient to exclude sections 4 to 24 of the limitation act because 'mere provision of a period of limitation in howsoever peremptory or imperative language is not sufficient to displace the applicability of section 5'.22. ..... if an election petition is not filed within the prescribed period of forty-five days, section 86(1) of the act, which provides that the high court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117, is ..... after considering various judgments, the court held that the provisions of section 5 of the limitation act do not govern the filing of election petitions or their trial, though in an appellate forum an order of the high court to the supreme court the provisions would apply considering that an appeal is a creature .....

Jagannath Dudadhar Vs. the Sale Tax Officer and ors.

Court : Delhi

Reported in : 2008(106)DRJ831; (2009)19VST151(Delhi)

..... in that case was section 8 of the west bengal land reforms act, 1955 . ..... or on an application filed in accordance with such rules as may be prescribed, call for the record of any proceeding under this act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this act, may pass such orders thereon, not being an order prejudicial to the dealer, as he thinks fit:provided that the commissioner shall ..... the decisions referred to above and their ratio it would be clear that the authorities constituted under the delhi sales tax act for deciding tax dues are not courts but tribunals and unless there is express power conferred by the said act to condone delay or exclude any period of limitation, the tribunals would not be clothed with the power to condone ..... life insurance corporation of india : (1969)iillj711sc the court held that in view of section 4 & 5 of the limitation act, it would be clear that the scheme of the act is that it only deals with applications to courts and the labour court is not a court within the meaning of the limitation act, and, therefore, an application under section 33c(2) cannot be held to be barred under article 137 insofar as the claim was for ..... jhunjhunwalla : [1982]133itr746(patna) a division bench of patna high court has held that section 29(2) of the limitation act will apply to appeals and applications filed under a special law only where the scheme of the special law does not .....

Bhimcharan Manna Vs. Smt. Sabita Koley and Another

Court : Kolkata

..... case no.18 of 1992 under section 8 of the west bengal land reforms act, 1955 against the opposite party no.1 and the proforma opposite party no.2 on the ..... raiyat in a plot of land has been defined in section 2(6) of the west bengal land reforms act and according to this definition, the co-sharer of a raiyat in a plot of land means a person, other than the raiyat, who has an undemarcated interest in the plot of land along with the raiyat. ..... the purchase of the pre-emptee from the same vendor from the same plot of land in case being later, the petitioner is entitled to get pre-emption and as such, the findings of the courts ..... the petitioner has contended that the opposite party no.1 has also purchased 6 decimals of land from the same vendor, the opposite party no.2 by a registered deed of sale dated may 27, 1991 ..... he has contended that from the schedule of the land in case as described in schedule ka(2) with the other description of the property as mentioned in ka and ka(1), it would appear that the petitioner became the co-sharer of land in case by purchase and his purchase being prior to the purchase of the opposite party no.1 and since a portion of the plot of land had been purchased by him, he (petitioner) became a co-sharer by ..... the parties and on going through the materials on record, i find that the petitioner has claimed for an order of pre-emption in respect of the land in case as mentioned in schedule ka(2) of the application on the ground of co-sharership and vicinity. .....

Anchal Bhusan Bose and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1976Cal436,80CWN643

..... the petitioner's contention is that the act has introduced provisions curtailing the ceiling of land which raiyats were allowed to retain under the west bengal estates acquisition act, 1953 and the west bengal land reforms act, 1955. ..... by the 1972 act the west bengal land reforms act, 1955 was amended in material aspects ..... section 2(7) of the west bengal land reforms act, 1955 defines 'land'. ..... this fixation, it is urged, is contrary to the scope of the act indicated by the preamble to the west bengal land reforms act, 1955. ..... section 6 of the west bengal land reforms act, 1955, which imposed 'limitations on transfer by a raiyat' was omitted ..... our attention was also drawn to the preamble to the west bengal land reforms act, 1955. ..... then comes the west bengal land reforms act, 1955. ..... ' now section 14-k (e) of the west bengal land reforms act, 1972, defines an 'orchard' which means 'a compact area of land having fruit bearing trees grown thereon in such number that they preclude, or when fully grown would preclude, a substantial part of such land from being used for any agricultural purpose ..... section 4(3) of the west bengal land reforms act. ..... -section (3) of section 4 was omitted by the west bengal land reforms (amendment) act, 1971 and thereafter by the west bengal land reforms (amendment) act, 1972. ..... have already stated that the west bengal land reforms (amendment) act, 1972 (west bengal act xii of 1972) was introduced into the ninth schedule by the constitution (thirtyfourth amendment) act, 1974. .....