Judgment Search Results Home > Cases Phrase: west bengal land reforms act 1955 Page 12 of about 31,588 results (0.225 seconds)

Sanat Kumar Burman Vs. Collector, Burdwan and ors.

Court : Kolkata

Reported in : AIR1979Cal139,83CWN514

..... the first contention it is to be noted that the demands impugned are not under provisions of section 4(2-a) of the west bengal land reforms act, 1955 but under the west bengal minor mineral rules. ..... land reforms officer, burdwan in march 1973 treated the business as being carried on without permission of the collector on the basis of the provisions under sections 4(2-a) and 4(2-b) of the west bengal land reforms act, 1955. ..... d/- 23-8-1977 (cal) in which the rule was made absolute on the authority of jagadamba's case : air1969cal281 cited above since overruled as also on the decision in shyam sundar'a case : air1975cal58 relating to west bengal land reforms act which i have already indicated has no application to tile circumstances of this case.15. ..... has no relation with the west bengal land reforms act and rules and they have not been issued under the west bengal act,12. mr. ..... contended that all the notices were issued by an authority under the land reforms act and as such they have not been issued by a competent authority ..... no occasion arises in the case for enforcement of a demand or penalty under the aforesaid provisions of the land reforms act declared ultra vires in shyam sundar's case,6. ..... under the mines and minerals (regulations and development) act, 1957, section 3(e) and the west bengal minor minerals rules (1959) rule 17 (i) no royalty was payable for digging up ordinary earth for brick making as brick earth was not a minor mineral as held in the case of state of west bengal v. .....

Mrs. Prativa Sasmal Vs. Agricultural Income-tax Officer and anr.

Court : Kolkata

Reported in : AIR1958Cal585

..... under section 16 of the west bengal land reforms act, 1955 the provision has been slightly changed ..... where land is let out to a bargadar in the state of west bengal, the law as it was prior to the passing of the land reforms act, 1955 enabledowners to enter into agreements in writing in respect of the allocation of shares in the produce, but in practice such agreements were rare and therefore the statutory provision applied and in most cases the bargadars got 2/3rds ..... the complaint therefore is this: that under the bargadars act of 1950 or the land reforms act of 1955 the bargadar is getting more than half the share of the produce, that is to say, the owner is actually receiving less than half the share of the produce, and yet, under the proviso he gets an arbitrary ..... other words, if the entire produce of the land is to be taken into consideration in computing the income of the assessee, irrespective of the fact as to whether it is let out to bargadar or not, then the question of constitutionality does not arise at, all because the income must necessarily be more than 50 per cent, in cases where land is let out in barga, it being admitted that under the bargadars act the bargadar gets 2/3rd share and under the land reforms act he gets 60 per cent. ..... is made to section 4 of the act which defines the total agricultural income of an assessee and which comprises all agricultural income derived from land situated within west bengal and 'received' by him within or without west bengal etc. .....

Sm. Binapani Sengupta Vs. Prosanta Kumar Sen

Court : Kolkata

Reported in : (1992)1CALLT128(HC)

..... in view of the definition of land as given in section 2(7) of the west bengal land reforms act of 1955 by amendment in 1981, land of every description has been brought within the purview of west bengal land reforms act, 1955. ..... since thereafter section 3a of the west bengal land reforms act has further undergone amendment by west bengal land reforms (third amendment) act of 1986 which has been given effect to on 9-9-1980. ..... therefore, it is now no authority to the proposition that the right of pre-emption under section 24 of the non-agricultural tenancy act will survive despite amendment of west bengal land reforms act by reason of west bengal land reforms (third amendment) act of 1986. ..... having regard to the definition of land as incorporated by amendment of 1981 of west bengal land reforms act no petition under section 24 of the west bengal non-agricultural tenancy act is any more maintainable. ..... it may be noted that section 4 of west bengal estates acquisition act as originally incorporated in section 3a of the west bengal land reforms act by amendment of 1981 has been deleted. ..... the petitioner is at liberty to file a fresh application under section 8 of the west bengal land reforms act and ask for proper relief, if not otherwise barred. ..... it is argued that the division bench opined that in spite of the amendment of the west bengal land reforms act by amendment of 1981 an application under section 24 of the non-agricultural tenancy act is still maintainable. .....

West Bengal Housing Board Vs. Brijendra Prasad Gupta and Others

Court : Supreme Court of India

Reported in : AIR1997SC2745; [1997]Supp2SCR22; 1997(2)LC378(SC)

..... 3 of the west bengal land reforms act, 1955, the act overrides other laws if there is anything inconsistent with what is stated in the act. ..... stated that it was on september 7, 1995 that a certificate of mutation had been issued by the prescribed authority under section 50 of the west bengal land reforms act in favour of the writ petitioners. ..... are directed against the judgment dated 27/29 march, 1996 of the division bench of the calcutta high court setting aside the requisition and subsequent acquisition of the certain piece of land under the provisions of the west bengal land (requisition and acquisition) act, 1948 (for short 'the act') as amended from time to time. ..... constitutional validity of the west bengal land (requisition and acquisition) act, 1948 was upheld by the supreme court in ..... (2) where a notice as aforesaid is published in the official gazette, requisitioned land shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the (state) government free from all incumbrances and the period of requisition of such land shall end.rule 3 of the west bengal land (requisition & acquisition) rules, 1948 deals with manner of service of orders and is ..... also been decided that the dues of the west bengal housing board from any individual, firm, company or association of body of individuals, whether incorporated or not, should be recovered as an arrears of land revenue in the manner provided in the bengal public demands recovery act, 1913 (ben. .....

Raich Ali Khan Vs. Hazi Sadek Ali Sk. and ors.

Court : Kolkata

Reported in : AIR1977Cal295,81CWN926

..... ii of the appellate side rules the following question: whether the provisions of sub-section (3) of section 21 of the west bengal land reforms act, 1955 as amended apply to pending proceeding before any civil or criminal court the division bench made this reference on the 10th december, 1976. ..... we hold, therefore, that the provisions of sub-section (3) of section 21 of the west bengal land reforms act, 1955 an amended apply to pending proceedings before any civil or criminal court. ..... the problem before us, therefore, is whether by express words or necessary implication, sub-section (3) of section 21 of the west bengal land reforms act, 1955 can be said to have affected pending proceedings. ..... in view of this amendment the petitioner raich ali khan made an application to the learned munsif for referring the question as to whether he was a bargadar to the officer or authority mentioned in sub-section (1) of section 18 of the west bengal land reforms act, 1955. 5. ..... while the suit was pending before the learned munsif sub-section (3) of section 21 was added by section 7 of the west bengal land reforms (amendment) act, 1974 (west bengal act xxxiii of 1974). ..... administrator general of west bengal, : [1960]3scr578 had made the position abundantly clear ..... it is stated-'it is a fundamental rule of englishlaw that no statute shall be construed tohave a retrospective operation unless sucha construction appears very clearly in theterms of the act, or arises by necessaryand distinct implication.' 12. .....

Northern India Hotels Ltd. Vs. Commissioner of Sales Tax

Court : Allahabad

Reported in : [1984]55STC68(All)

..... union of india air 1981 sc 522 wherein the question was whether the provisions of chapter iib of the west bengal land reforms act, 1955 (act 10 of 1956), inserted by the west bengal land reforms (amendment) act, 1971 (president's act 3 of 1971), and replaced by the west bengal land reforms (amendment) act, 1972 (act 12 of 1972), with retrospective effect from 12th february, 1971, which provide for a fixation of ceiling on agricultural holdings and for matters ancillary thereto are violative of the second proviso to article 31a(1) of the constitution, has ..... by parity of reasoning it must follow as a necessary corollary that the west bengal land reforms act, 1955 (act 10 of 1956), and the west bengal land reforms (amendment) act, 1972 (act 12 of 1972), which introduced chapter iib therein with retrospective effect from 12th february, 1971, having been placed in the ninth schedule by the constitution (thirty-fourth amendment) act, 1974, as items 60 and 81 thereof, their validity cannot be questioned under article 31b. ..... when this court in kunjukutty's case air 1972 sc 2097 upheld the judgment of the high court striking down the explanation to section 85(1) of the kerala land reforms act, 1963, parliament by the constitution (twenty-ninth amendment) act, which was assented to by the president on 9th june, 1972, inserted both the kerala land reforms (amendment) act, 1969, and the kerala land reforms (amendment) act, 1971, in the ninth schedule to the constitution. .....

M/s Darvell Investment And Leasing (india) Pvt. Ltd. Vs. The State Of ...

Court : Supreme Court of India

..... at 6 the west bengal land reforms act, 1955 3 that stage, no permission was taken for sale of the land under sections 14b and 14c the 1955 act, even though it is claimed that respondent no.15 had been issued a certificate of his ..... 6.1 the district land and land reforms officer, darjeeling vide memo dated 21.05.2001 informed the block land & land reforms officer, with reference to his memo no.816 dated 29.08.2000, on the subject alienation of s/t land that the complaint filed by ..... section 8a of the 1994 act10, carried out vide notification dated 15.09.2017, cannot be said to be retrospective as the legislature has not expressed that 10 west bengal scheduled castes and scheduled tribes (identification) act, 1994 9 intention. ..... the west bengal scheduled castes and scheduled tribes (identification) (amendment) act, 2017 ..... sought to be challenged by respondents no.15 and 16 by moving an application dated 22.01.2004 before revenue officer, daknikata through block land & land reforms officer, matigara. ..... by the appellants no.1 and 2 before the learned civil judge (junior division), siliguri under section 14h of the 1955 act because in the meanwhile vide sale deeds dated 24.11.2004, sanjay gupta sold the land to appellants no.1 and 2. ..... ramanand baraik in favour of sanjay gupta and others on 30.08.1983 and about ten years after his death, a complaint was filed by bishwanath roy and another person claiming that the aforesaid land had been sold in violation of section 14b and 14 c of the 1955 act. .....

Smt. Krishna Kamalini Debeya Vs. Junior Land Reforms Officer, Khandagh ...

Court : Kolkata

Reported in : AIR1982Cal83,85CWN825

..... in the rule, an order of vesting under the provisions of west bengal land reforms act 1955 (hereinafter referred to as the said act), has been challenged.3. ..... it is the case of the petitioners that the original petitioner was holding and possessing 14.95 acres of lands, including agricultural and non-agricultural, apart from danga lands and lands comprised of home-stead and orchard, as per the finally published record of rights under section 44(2) of the west bengal estates acquisition act 1954, such holdings, according to petitioners, were within the ceiling limit under the said act. ..... 1, that several plots of lands were vested in the state of west bengal, out of her total lands, the petitioners have stated that for such vesting, no notice was ever duly and properly served and as such, an objection, through a petition dated 18th oct. ..... , both for the widow and widowed mother of the raiyat, as the widowed mother, can bring proceedings against the widow of the raiyat, for fulfilment of the obligations under section 20 and section 21 of the said 1955 act and at the same time, she may also be refused to be maintained by the widow of the raiyat out of the estate and as such to have the obligations, as involved or cast upon, to be frustrated .....

Tarapada Hazari and ors. Vs. Revenue Officer and ors.

Court : Kolkata

Reported in : AIR1979Cal102,83CWN417

..... the regulation xi of 1825 governed the rights of parties inter se as also of the government in respect of such lands till its repeal by the west bengal land reforms act 1955 (hereinafter referred to as l. r. ..... section 12 quoted above was substituted by the new section by west bengal land reforms (amendment) act, 1965 (xviii of 1965) which received the assent of the president having been published in calcutta gazette extraordinary dated july 31, 1965. ..... by section 5 of the west bengal land reforms (amendment) act 1965 the above section 12 was substituted by the new provision though without retrospective effect. ..... the petitioners also referred to original section 12 of the land reforms act which provided for accession to any holding by recess of river-or sea as forming addition thereto, subject to ceiling. ..... in the revisional settlement in the year 1955-56 these lands were recorded in the name of tarapada hazari, dukhiram hazari and biswanath hazari the petitioners before us under the tenure-holders, narendra nath chakraborty and others with raiyati sthitiban and with dalchali satwa undes the state under rule 4 of west bengal estate acquisition rules, 1954. ..... 238/1122 of khatian 415/3 contended that they had purchased the raiyati lands in 1948 long before the west bengal estates acquisition act came into force. ..... 33 of 1974 under section 44(2a) read with section 57 of the west bengal estates acquisition act by the revenue officer, tollygunge-i settlement 'c' camp. .....

Murari Ganguly and ors. Vs. Kanailal Garai and ors.

Court : Kolkata

Reported in : AIR2003Cal105

..... . banerjee, the effect of conversion has been provided in section 3-a of the west bengal land reforms act 1955 (as amended) ..... . banerjee submits that the suit land was converted from agricultural land to non-agricultural land under section 72 of the non-agricultural tenancy act, 1949 and in view of the provisions of section 3a of the west bengal land reforms act as amended the land will be treated as vested and the suit is not maintainable without making the state govt ..... . roy submits that section 3-a of the west bengal land reforms act is not attracted in the instant case inasmuch as this amended section 3-a of the west bengal land reforms act has been introduced with effect from 12th may, 1989 that is long after the suit as well as the first appeal were decided ..... . now on the third score of submission as to whether after the conversion of land under section 72 of the non-agricultural tenancy act, 1949 the provisions of section 3a of west bengal land reforms act, 1956 will come into play and this suit land will be treated as vested in the state or not.62. mr ..... (3) whether after the conversion of the land under section 72 of the non-agricultural tenancy act, the provisions of section 3-a of west bengal land reforms act will come into play and this suit land will be treated as vested in the state.18. .....