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Sk. Abdur Rouf Wakf Estate Represented by Sk. Hafizur Rahaman Vs. Stat ...

Court : Kolkata

Reported in : 2008(2)CHN249

..... the learned tribunal in the immediately preceding last order asked the revenue authority to ascertain the nature of the wakf to decide the question of applicability of section 14m sub-section (5) of the west bengal land reforms act, 1955 (hereinafter referred to as the said act), meaning thereby, whether it is a wakf for charitable purposes or not.5. ..... the original wakif at one point of time filed 'b' form under the west bengal estates acquisition act and at that time, the deed of wakf was produced and it was understood that this wakf was a wakf-alal-aulad ..... , the mutawallis, the husband and wife has been treated to be ordinary raiyat and after allowing to retain the maximum quantum of land, as mentioned in section 14m of the said act, 7.25 acres of land was directed to be vested.6. ..... tribunal found that when the original wakif himself has treated the wakf as wakf-alal-aulad and retained the land, as such the said wakf cannot be treated to be for charitable purposes. ..... approving and accepting the principle laid down by the learned single judge in the aforesaid sri sri iswar saradiya durga thakurani's case (supra), we think in this case the agricultural land belong to allah (almighty) and allah (almighty) should have been treated to be 'other raiyat' as defined in section 14m(1)(e) of the said act.13. ..... revenue official is also of the opinion that under no circumstances, this can be treated to be a wakf for charitable purpose to get the land exempted from the purview of the said act. .....

Madhukar Govindrao Thaware and ors. Vs. Central Bank of India

Court : Mumbai Nagpur

..... act to the proceedings under section 8 of the act, looking to the scheme of the act, nature of right of pre-emption and express application of section 5 of the limitation act to the other provisions under the act, itself means and amounts to "express exclusion" of it satisfying the requirement of section 29(2) of the limitation act" after making reference to various rulings it was concluded in para 19 that section 5 of the limitation act cannot be pressed into service in aid of a belated application made under section 8 of the of the west bengal land reforms act, 1955 act ..... sardar reported in (2004) 4 scc 252 short question that arose before the apex court for consideration was whether section 5 of the limitation act is applicable to an application made under section 8 of the west bengal land reforms act, 1955 act having regard to section 29(2) of the limitation act. ..... learned advocate for the petitioners submitted that the petitioners have challenged the impugned order passed by the debts recovery appellate tribunal applying the principle of section 5 of the limitation act to appeal proceedings under section 30 of the rddbfi act mainly on the ground that the provision of section 30 is part of the scheme of the statutory recovery proceedings which may follow soon after the order is passed by the ..... act by setting up of the special tribunals with special powers for adjudication of such matters and speedy recovery aimed at the successful implementation of the financial sector reforms. .....

indira Devi Rajak Vs. Thika Controller and ors.

Court : Kolkata

Reported in : (2000)1CALLT588(HC)

..... , reported in 1981(1) chn 254, wherein while considering the provisions of the west bengal land reforms act, 1955, wherein there are provisions similar to those with regard to the jurisdiction vested in the authority in the 1981act, it was observed that the revenue officer had to proceed on the basis of the registered documents, and he could ..... pursuant to his declaration, the thlka controller, howrah, directed that the premises in question would stand vested in the state of west bengal and that the interest of the existing bharatias in the said premises would be protected. ..... on the basis of the above, the thlka controller, howrah proceeded to determine the question of the validity of the conveyances by which both jahar shaw and the appellant/petitioner acquired title to the land in question and after referring to the provisions of sub-section (1) of section 7 and sub-section (3) of section 6 of the above act, he declared the said documents to be void and also declared that the same would have no effect whatsoever.8. ..... state of west bengal & others, reported in : air1997cal125 . ..... by his order dated 29th january, 1999, the thlka tenancy controller, howrah, recorded that the lands in question had been recorded in the revisional settlement record-of-rights as thika tenanted lands, and, therefore, came under the purview of the calcutta thlka and other tenancies and lands (acquisition and regulation) act, 1981 (hereinafter referred to as 'the said 1981 act').7. .....

Savatram Dairy Products Ltd. Vs. Akola Municipal Corporation and ors.

Court : Mumbai

Reported in : 2008(2)ALLMR266; 2008(2)BomCR61; 2008(1)MhLj636

..... under section 3 of the west bengal land reforms act, 1955, the act overrides other laws if there is anything inconsistent with what is stated in that act. ..... the principal question that arises for consideration is if it were the writ petitioners who were entitled to notice under section 3(2) of the act or that this provision stood complied with by serving notice on the recorded owners of land in the record of rights maintained under section 50 of the west bengal land reforms act. ..... within ten years from the date on which a final regional plan, or final development plan comes into force or if proceedings for the acquisition of such land under this act or under the land acquisition act, 1894, are not commenced within such period, the owner or any person interested in the land may serve notice on the planning authority, development authority or as the case may be, appropriate authority to that effect, and if within six months from the ..... the municipal commissioner was authorised to make an application to the state government under the provisions of section 126(2) and (4) of mrtp act read with section 6 of the land acquisition act and after the aforesaid resolution was passed, on 17-9-2002 a letter was written by the chief engineer, development plan to the secretary, urban development department, government of maharashtra informing that the corporation has accorded sanction to .....

Sk. Md. MohasIn HossaIn Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1992)2CALLT293(HC)

..... in this application the writ petitioner challenges the order dated 15th october, 1977 declaring certain lands of the petitioner and his family to be vested under the west bengal land reforms act, 1955. ..... it appears from a perusal of the order that the case of the writ petitioner that am oral gift of lands had been made to the five sons: of the writ petitioner was rejected on the ground of non registration of the writings accepting such gifts. ..... writ petitioner was that the oral gifts had been made in or about the year 1967, that is, some two years prior to the date 7th august, 1969 whereafter under section 14p of the said act transfers would not be effective in the matter of bringing the land area below the ceiling specified under section 14m.2. ..... as the writ petitioner had filed no return in relation to the land in form 7a, a sup moto case had been started. ..... in my opinion he has correctly stated, relying upon pages 40 and 41 of the said book in volume i thereof that a mohamadan gift might be oral and that the transfer of property act leaves this provision untouched. ..... the transfer of property act, 1882 talks of gifts in chapter'vii. .....

Shirsha Nath Mallick Vs. Arun Kumar Sarkhel

Court : Kolkata

Reported in : AIR2010Cal26

..... of the additional district judge in discharge of his judicial work was considered by the division bench of our high court in connection with an appeal under section 9(6) of the west bengal land reforms act, 1955 in the case of prasanta kumar giri v. ..... up before the division bench of the hon'ble andhra pradesh high court in connection with a proceeding under section 9 of the hindu marriage act, 1955 when the said proceeding under section 9 of the said act was transferred to the court of the learned additional district judge for consideration. ..... a combined reading of section 19 and section 3 of the hindu marriage act, 1955 and section 3a of the madras civil courts act can lead only to one result namely, that the proceedings under the hindu marriage act have to be instituted in the district court and it is open to the principal presiding officer of that court to assign any work to the additional district judge and on such assignment the additional district judge gets ..... kananbala reported in : air 1960 calcutta page 565 held after considering the provision of section 8 of bengal, agra and assam civil courts act, 1887 that district judge is not required to transfer an appeal but can assign to any single judge or ..... on consideration of the provision contained in section 8(1) and 8(2) of the bengal, agra and assam civil courts act, this court holds that the district judge and the additional district judges taken together collectively represent the district court, for discharge of judicial .....

Nirendra Nath Roy and ors. Vs. Md. Malek Mia and ors.

Court : Kolkata

..... the pre-emptors have complied with the requirements of section 8 of the west bengal land reforms act, 1955 and as such the learned trial judge has allowed the application for pre-emption. ..... upon hearing the learned advocate for the petitioner and on going through the materials on record, i find that the pre-emptors have proved that they are the owners of a portion of the lands comprising plot nos.3414, 3415, 3420, and 3389 purchased by the sale deeds marked ext.1 and 1/a. ..... in this regard, from the evidence on record, there is no doubt that the pre-emptors have lands adjacent to the land in question and as such there cannot be any controversy on this point at all. ..... as per observations of the learned trial judge, the deeds produced by the pre-emptors have indicated that the pre- emptors have lands to the west of the land in case i.e plot no.3390. 9. ..... as regards the other point, that is, whether the pre-emptors are an adjoining land-owners, i find that one of the pre-emptors has deposed to the effect that they have lands to the west of the land in question. ..... map, ext.3, which indicates that the pre-emptors have land to the west of the land in question. ..... the opposite parties have adduced evidence and the d.w.3 and 4, while deposing in favour of the opposite party, have admitted that the lands of the pre-emptors are to the adjacent west of the land in question. ..... act and that they have adjacent lands of the land in question. .....

Fairgrowth Investments Ltd. Vs. the Custodian

Court : Supreme Court of India

Reported in : 2005(5)ALLMR(SC)708; [2004]122CompCas683(SC); (2004)4CompLJ233(SC); JT2004(9)SC124; 2004(8)SCALE817; (2004)11SCC472; [2004]56SCL507(SC); 2005(1)LC251(SC)

..... section 8 of the west bengal land reforms act, 1955. ..... state of karnataka : [1998]1scr553 , it was contended on behalf of the appellants that section 48a of the karnataka land reforms act, 1961 which provided for the making of an application within a particular period should be construed liberally in favour of tenants so ..... sub-section 3 of section 116-a of the 1951 had become necessary, because, if the proviso was not enacted, then by virtue of section 29(3)(a) of the limitation act, 1908 it would have excluded the operation of section 5 of the limitation act with the result that even if sufficient cause for the delay existed the high court would have been helpless to exclude the delay. ..... section 29(2) of the limitation act, 1963 whereby, according to him, the provisions of inter alia section 5 of the limitation act would be applicable to petitions under section 4(2) of the act the contention is that section 29(2) of the limitation act, 1963 would be automatically applicable to all special acts such as the act in question, since the act provides for a period of limitation different from the period prescribed under the limitation act, 1963 and since the provisions ..... the same jurisdiction as a civil court inter alia in relation to any matter relating to any property attached under sub-section (3) of section 3 of the act as well as in relation to transactions in securities entered into during the aforesaid period in which the person notified is involved as a party, broker, intermediary .....

Moula Boz Sk. and anr. Vs. Md. Abdul Mannan and ors

Court : Kolkata

..... the pre-emptors / petitioners herein instituted an application under section 8 of the west bengal land reforms act, 1955 for pre-emption in respect of the lands in case against the opposite parties before the learned civil judge (junior division), lalbagh and the said application was registered as misc. ..... act, 1955, the petitioners sought for amendment of the plaint and incorporated the ground of cosharership for pre-emption. ..... the opposite parties amended the written objection for the second time stating that the application for pre-emption is not maintainable as the lands in case were never partitioned by metes and bounds as appearing annexure c to the application. ..... subsequently, the opposite parties prayed for amendment of the written objection for the second time contending inter alia, that the lands in question were divided into several portions and the same were sold to the vendees specifying the location and the exact area of the lands mentioning thereby that the lands in case had been partitioned. ..... i find that if the application for amendment of the written objection dated february 16, 2005 stands allowed, the effect would be the withdrawal of the admission made by the opposite party earlier to the effect that the lands in case had not been partitioned by metes and bounds. .....

Nandarani Bhandari and ors. Vs. Pratima Bhandari and ors.

Court : Kolkata

Reported in : 2005(4)CHN530

..... the facts, very briefly, are as follows :the petitioner filed an application for pre-emption under sections 8 and 9 of the west bengal land reforms act, 1955 being miscellaneous case no. ..... , for his submission that when there is a controversy as regards the identification and location of the land investigation should be done at an early stage so that the parties may be aware of the report that may be submitted by the learned commissioner and the parties may go to trial fully prepared.8. mr. ..... 1 by a registered deed of conveyance dated 21.09.1998 and that the petitioners are the owners of the land contiguous south to the disputed property and are entitled to pre-emption of the ground of his vicinage. ..... the learned judge found, inter alia, that the onus rests upon the petitioners to show that they are land owners contiguous to the disputed property and in a pre-emption application local investigation is redundant. ..... das, learned advocate, 2 decimals of land situated on the northern side of the present property in dispute had already been sold by the opposite party no. ..... 2 out of his holding sold two sataks of land to the opposite party no. ..... the disputed property is a land measuring two sataks along with other alleged rights and privileges. ..... 2 sold 2 decimals of land to the opposite party no. .....