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1955 Supreme(Cal) 158

CHAKRABARTI, LAHIRI, SINHA
ABANINDRA KUMAR MAITY – Appellant
Versus
A. K. MAJUMDAR – Respondent


Advocates Appeared:
AJIT KUMAR MOOKERJEE, ARUN PRAKASH CHATTERJI, BANKIM CHANDRA ROY, BISWANATH NASKAR, CHANDRA NARAYAN LAIK, DWIJENDRA NATH BASU, JAJNESWAR MAJUMDAR, MIHIR KUMAR SARKAR, R.P.Lahiri, S.K.DAS, S.M.BOSE, Smriti Kumar Roy Chaudhury

CHAKRAVARTTI, C. J.

( 1 ) THESE are thirty Rules, taken out by the same or different owners of different plots of lands, so long cultivated by Bargadars under, them and are directed against orders passed by the Appellate Officer, in appeals by the Bargadars whereby orders passed by the Board, directing restoration of possession of the lands concerned to the petitioners were set aside. The principal ground on which the orders are challenged is that the West Bengal Bargadars Act, 1950, is ultra vires, being violative of Articles 19 (l) (f), 19 (l) (g) and 31 (2), Constitution of India. The Rules were issued by one of us, but when they came up for final hearing, it appeared to him that it would be more advantageous, to have the important questions involved in the cases decided by a larger Bench. There were two reasons why that course appeared to be preferable. One was that the question of the alleged invalidity of the Act was one of fundamental importance and the same question was involved in a large number of cases actually pending and would, in all probability, arise in a larger number of cases which would come up in future. The other reason was that there had already been a decisi











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