Back
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 :
1. Leave granted.
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.
3. Briefly, the argument raised by the learned counsel appearing for the appellants is that one Iswar Chandra Pal had executed a registered gift deed dated 07.12.1967 in favour of his sons and daughters. Vide the aforesaid Gift Deed 20.88½ acres of land was transferred. The same was given effect to in the revenue records on 26.05.1969 and the land was transferred in the respective shares of the beneficiaries. Considering the balance land of t
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
