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1997 Supreme(Cal) 164

Satyabrata Sinha
Ganga Dhar Singh – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
B. Chowdhury, Goutam Kumar Thakur, Debasis Guin Advocates for the petitioners;
Mrs. Manjuri Gupta, A.C. Maitra, A.N. Banerjee, Syed Nazmul Hossain Advocates for the respondents.

JUDGMENT

Satyabrata Sinha, J.

These applications involve a question as regard construction of the provisions of Bihar and West Bengal (Transfer of Territories) Act, 1958, (hereinafter referred to as Transfer of Territories Act) and the West Bengal Transferred Territories (Assimilation of Laws) Act, 1958 (hereinafter referred to as the Assimilation of Law Act).

2. The petitioners are residents of such places which were prior to coming into force of the Transfer of Territories Act were situate in the State of Bihar. By reason of the provisions of the said Act, the areas mentioned therein stood transferred to the State of West Bengal with effect from 1st November, 1956 and for that purpose the First Schedule of the Constitution was also amended. Section 3 of the Transfer of Territories Act provides for transfer of the territories from the State of Bihar to the State of West Bengal. Other relevant provisions to which reference shall be made hereinafter are to Part VIII thereof.

3. The Assimilation of Laws Act were enacted for the assimilation of certain laws in force to the territories transferred from the State of Bihar to the State of West Bengal by reason of s. 3 of the Transfer of the





















































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