Judgment Search Results Home > Cases Phrase: west bengal land reforms act 1955 Page 13 of about 31,588 results (0.166 seconds)

Mohd Abaad Ali Vs. Directtorate Of Revenue Prosecution Intelligence

Court : Supreme Court of India

..... whereas hukumdev narain yadav (supra) relates to election matter where section 81 of the representation of people s act, 1951, prescribes a limitation of 45 days for filing an election petition, gopal sardar (supra) dealt with the right of pre-emption under section 8 of the west bengal land reforms act, 1955 which again prescribed three months limitation for a bargadar and four months for a raiyat to make an application for ..... later, while dealing another special statute viz west bengal land reforms act, 1955 this court in gopal sardar (supra) had an occasion to comment on mangu ram (supra) where it says that the decision of hukumdev narain yadav (supra) was not brought to the ..... section 8 of the west bengal land reforms act, 1955 gave certain right to a raiyat for transfer of land of co- sharer, exercising his right of pre-emption but this right had to be exercised within a period of 4 months ..... the west bengal land reforms act, 1955 ..... dealing with the period of limitation relating to west bengal land reforms act, 1955 and the application of section 5 of the limitation act. ..... than those contained in sections 4, 9 to 18 and 22, shall not apply and, therefore, the applicability of section 5 was in clear and specific terms excluded, section 29, sub- section (2) of the limitation act, 1963 enacts in so many terms that for the purpose of determining the period of limitation prescribed for any suit, appeal or application by any special or local law the 10 provisions contained in sections 4 to .....

Anil Chandra Nag Vs. Santimay Bose and ors.

Court : Kolkata

Reported in : (1990)2CALLT123(HC)

..... he has, however, contended that the provisions of the new section 3a of west bengal land reforms act 1955 as introduced by the west bengal land reforms (third amendment) act 1986. ..... the explanation to new section 3a(1) was also not there, so under the old section 3a as introduced by the west bengal land reforms (amendment) act 1981, notification in accordance with the provisions of section 4 mutatis and mutandis was necessary before vesting of the interests of the agricultural and non-agricultural tenants. ..... it may be mentioned here that in the old section 3a introduced by the west bengal land reforms (amendment) act, 1981, there is specific reference to the provisions of section 4 of the west bengal estates acquisition act which would apply mutatis and mutandis. ..... shall vest in the state free from all incumbrances and the provisions of sections 5 and 5a of the west bengal estate acquisition act 1953 shall apply, with such modifications as may be necessary mutatis and mutandis to all such non-agricultural tenants and under tenants as if such non-agricultural tenants and under tenants or intermidiaries and the land held by them were states and a person holding under non-agricultural tenant or under tenants were a raiyat ..... the learned munsif held that land with structure was jet out to the defendant and accordingly tenancy was governed by the west bengal premises tenancy act and the notice been given under the non-agricultural tenancy act, the suit was not maintainable. .....

M/s Jai Jute Industries Ltd. Vs. M/s State of West Bengal and Another

Court : Delhi

..... it was pleaded that the petitioner never acquired raiyati interest in the land for purposes of sections 2(10) and 4(1) of the west bengal land reforms act, 1955. ..... it was pleaded that the petitioner never sought permission under the proviso to section 14(z)(1) of the west bengal land reforms act, 1955. ..... the state of west bengal opposed the scheme pleading that possession of the land was given to the petitioner under section 6(3) of the west bengal estates acquisition act, 1953, under which the ownership right and the right to alienate remained with the state of west bengal. ..... relevant would it be to highlight that in the order dated august 05, 2013 bifr noted that the state of west bengal was opposing the conversion of the surplus land from industrial use to a commercial/residential use on the ground that the same was contrary to law, and yet passed the direction for conversion. ..... it was also pleaded that the west bengal urban land (sealing and regulation) act, 1976 imposed sealing upon units holding such land. ..... as noted in paragraph 8 above, the scheme proposed by the petitioner to sell the surplus land and for the state of west bengal to sanction change of land use from industrial to residential/commercial was sanctioned on october 30, 2008 and bifr deleted the clause in the scheme that the state of west bengal would grant the approval to change the land use. .....

Ashim Ranjan Das (D) by Lrs. Vs. Shibu Bodhak and Others

Court : Supreme Court of India

..... the tribunal in appeal no.401/2000, which was transferred from the high court, and also directing the respondents to set aside the action of the appropriate authority under the west bengal land reforms act, 1955 (hereinafter referred to as the wb land reforms act ) which had issued a notice dated 17.4.01 for the cancellation of patta. mr. ..... petition was transferred to the tribunal constituted under the west bengal land reforms and tenancy tribunal act, 1997 (hereinafter referred to as the wb land civil appeal no.3932/2009 page 9 of 15 reforms & tenancy act ) and renumbered as transferred application no.401 of ..... wb land reforms act was enacted with the objective as set out in the preamble, which reads as under: an act to reform the law relating to land tenure consequent on the vesting of all estates and of certain rights therein [and also to consolidate the law relating to land reforms]. ..... land reforms act sought to vest the rights in the land in the raiyat (a person or an institution holding land for ..... no.1045/2001, being an appeal filed u/s 11 of the wb land reforms & tenancy act and also invoking article 226 of the constitution of india, inter alia praying for issuance of a writ in the civil appeal no.3932/2009 page 10 of 15 nature of mandamus, commanding the respondents to ..... section 4 of the wb land reforms & tenancy act deals with the establishment of the tribunal, section 9 with the transfer of case records from the high court while section 11 provides for an appeal to the .....

Smt. Luxmi Devi and ors. Vs. Akul Mahato

Court : Kolkata

Reported in : AIR1972Cal104

..... during the pendency of the suit, by notifications dated the 24th june 1967 the governor was pleased to appoint the 30th june 1967 as the date with effect from which the west bengal land reforms act, 1955 was to extend to the transferred territories including purulia. ..... a question, therefore, was raised before the learned munsif that under section 21 of the west bengal land reforms act, 1955, hereinafter referred to as the act, the civil court would have no jurisdiction to entertain the suit as it is a matter covered by section 18 of the act. ..... it is an admitted position that at the time the suit was instituted the west bengal land reforms act was not extended to purulia. ..... in this particular case, sub-section (2) of section 21 provides for the transfer of proceedings pending before the bhag chash board, under the west bengal bargadars act, 1950 to the officer or authority having jurisdiction over the area to which the proceedings relate is situate under the land reforms act. ..... section 57, section 58, section 59 (so far as it relates to clause (7), thereof), section 60 shall come into force in all the areas transferred from behar to west bengal under the behar and west bengal (transfer of territories) act, 1940. ..... now, if the suit had been instituted after the relevant sections of the act had been extended to purulia, the question whether the civil court would have jurisdiction to entertain the suit would definitely arise. .....

Sri Sri Madan Mohan Jiu Thakur and ors. Vs. State of West Bengal and o ...

Court : Kolkata

Reported in : (1989)2CALLT174(HC)

..... west bengal transferred territories (assimilation of laws) act, 1958, was passed on 24th september, 1958, and in the provisions of section 3(3) of the said act it has been specifically provided that the state laws specified in schedule iii, which includes west bengal estates acquisition act, 1953, and the west bengal land reforms act, 1955 ..... the writ petitioners that the land held by the deity was never vested in the state of bihar under the provisions of the bihar land reforms act 1950, as there was no ceiling for khas land under the said bihar land reforms act, 1950, as the ..... the transferred territories immediately before the appointed day shall continue in force, after that day, only in the territory referred to in clause (b) of sub-section (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956 (40 of 1956) and the state laws specified in items (9) and (10) of schedule iii shall not extend to, or come into force in, such territory :provided further that, subject to the provisions ..... west bengal (transfer of territories) act, 1956, a portion of the 'debottar' land of the deity was transferred from the state of bihar to the state of west bengal ..... long before the enforcement of the provisions of the west bengal estates acquisition act, 1953, and also the recommendation given by the fout commission on or about 20th march, 1918, area about 52.89 acres of land partly khas and partly tenanted were endowed in the name of the deity sri sri madan mohan jiu thakur .....

Kali Mohan Das (Senior) Vs. Kali Mohan Das (Junior)

Court : Kolkata

Reported in : 1978CriLJ950

..... the proper course would have been to proceed under the west bengal land reforms act, 1955. ..... contended that since a question has been raised toy the second party regarding his status as a bargadar before the learned magistrate, the learned magistrate should refer the matter under the provision of the west bengal land reforms act for a decision as to that status of the petitioner under section 21(3) of the west bengal land reforms act. ..... in this connection, the learned advocate has referred me to a decision of the land reforms officer in a proceeding under section 18(1)(a) of the west bengal land reforms act between the same parties. ..... the ev'dence is gone into before rushing to this court for setting aside the proceeding before the learned magistrate, on the ground that it is a fit case that a reference should be made under section 21(3) of the west bengal land reforms act. ..... rule is directed against order passed by the learned executive magistrate under section 145 of the cr.pc on 8-6-1977 rejecting an application by the petitioner for making a reference under section 21(3) of the west bengal land reforms act. ..... who claim to be bargadars, really have to be filed before the appropriate bhagchas officer who has the jurisdiction under the land reforms act to decide such question. ..... that case order was impugned as being without jurisdiction and further it was urged that the matter should be referred for determination of the competent authority under the land reforms act under section 21(3). .....

Sundar Mondal Vs. Smt. Sailabala Mondal and ors.

Court : Kolkata

Reported in : AIR1979Cal195

..... case their lordships have held that after the passing of the west bengal land reforms act, 1972, article 137 of the limitation act, 1963, would apply to an application for pre-emption under section 8 of the west bengal land reforms act, 1955. ..... the learned munsif rejected the application under section 8 of the west bengal land reforms act on the ground of limitation as he held that the application for pre-emption was not filed within three years of the date ..... the petitioner came to know about the sale and on 21-5-1970 the petitioner filed an application for pre-emption under section 8 of the west bengal land reforms act before the revenue officer on 22-5-1970 which was later on transferred to the learned munsif after the amendment of the act in 1972. ..... the appeal on the ground of limitation in spite of his own finding that the relationship of co-sharer existed between the parties and there was in fact non-service of notice under section 5(5) of the west bengal land reforms act.3. ..... did not disclose in the deed of sale that he had co-sharers and also did not comply with the mandatory provisions laid down in section 5(5) of the west bengal land reforms act. ..... that prior to 1972 when the application was made before the revenue officer, no limitation was prescribed under the act for making an application under section 8 of the land reforms act in case of unnotified co-sharers and the indian limitation act was not attracted to his case as the application made before the revenue officer. .....

Ram Kumar Kajaria Vs. Chandra Engineering (India) Ltd.

Court : Kolkata

Reported in : AIR1972Cal381,76CWN426

..... two rules arise out of two pre-emption proceedings under section 8(1) of the west bengal land reforms act, 1955. 2. ..... 2(10) of the west bengal land reforms act defines the term 'raiyat' as 'raiyat' means a person who holds land for purposes of agriculture ..... of the privy council does not apply to the case of a raiyat under the west bengal land reforms act. 12. ..... my view, therefore, article 137 applied to applications for pre-emption by the petitioner under section 8(1) of the west bengal land reforms act. ..... petitioner alleged that he was a co-sharer raiyat of the holding and that the transfers were made without service of any notice upon the petitioner under section 5(5) of the west bengal land reforms act. ..... result, the order of the learned munsif dismissing the applications of the petitioner under section 8(1) is set aside and the orders of the senior land reforms officer allowing the applications of the petitioner are restored. ..... findings, the senior land reforms officer allowed the applications of the petitioner for pre-emption under section 8(1) of the act. ..... petitioner came to know of the said two transfers, the petitioner made the said two applications before the senior land reforms officer on august 17, 1966, praying for pre-emption under section 8(1) of the act. 3. ..... mujaharali, 52 cal wn 64 = (air 1948 cal 48) (sb), the senior land reforms officer held that the applications having been filed within three years of the respective dates of the transfers, the applications were not barred .....

Dwijapada Haldar Vs. Prafulla Chandra Haldar

Court : Kolkata

Reported in : AIR1972Cal409,76CWN784

..... this rule is directed against an appellate order passed in an appeal under section 9(6) of the west bengal land reforms act, 1955. ..... a short and interesting point arises for consideration in the present rule is, whether an application for pre-emption under section 8(1) of the west bengal land reforms act (hereinafter referred to as the act) is liable to be rejected when a co-sharer of a holding made a short deposit of the consideration money at the time of filing such application. ..... anila devi, (1955) 59 cal wn 939, held, that even in cases where notice under section 23 of the west bengal non-agricultural tenancy act had been served, though deposit is essential, the time stated in section 24 of the west bengal non-agricultural tenancy act, is not so essential as to compel the court to dismiss the application if such deposit was not made at the time of filing the ..... mihilal sheikh, air 1948 cal 144, dissented from the above single bench decision and held, that an application for pre-emption under section 26-f of the bengal tenancy act will not be dismissed if the circumstances are such that the deposit may be deemed to have been made at the time of making the application. 7 ..... provisions are to be found in sub-section (2) of section 24 of the west bengal non-agricultural tenancy act. ..... under section 26-f (2) of the bengal tenancy act, unless the applicant at the time of making an application for pre-emption deposits in the court the amount of consideration money his application shall be .....