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RAJESH BINDAL, N. KOTISWAR SINGH
Prasanta Kumar Pal – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of background and procedural history (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the nature of the gift deed (Para 8 , 9) |
| 3. court's critical analysis of the claim of benami (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. restoration of tribunal's order (Para 17) |
| 5. final conclusion and disposal of pending applications (Para 18 , 19) |
ORDER :
2. The appellants have filed the present appeal impugning the order dated 08.09.2021 passed by the High Court,1[High Court at Calcutta] in a Writ Petition,2[W.P.L.R.T. No.31 of 2020]. Vide aforesaid order, the High Court had set aside the order dated 11.01.2019 passed by the Tribunal,3[West Bengal Land Reforms and Tenancy Tribunal] in Original Application No.452 of 2008.
4. Subsequently, after the 2nd,4[Came into force on 07.08.1969] and 3rd,5[Came into force on 12.05.1989] Amendment in the West Bengal Land Reforms Act, 1955,6[Hereinafter ‘the 1955 Act’], proceedings,7[Case No. 52 of 1996] under Section 14T(3) read with Sections 14M & 14S of the 1955 Act were initiated to determine the surplus land and vest the same with the state in respect of the land held by late Iswar Chandra Pal. During the pendency thereof, further proc
The court held that a transaction executed prior to the enactment of legislation cannot be declared Benami based on retrospective application of the law, emphasizing the importance of the intent at t....
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to the outcome of civil suits regarding property rights.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to civil suits for declaration of rights.
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
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