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1997 Supreme(Cal) 263

BHAGABATI PROSAD BANERJEE, VIDYA NAND
Harendra Nath Singh – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Mr. Mukul Prakash Banerjee, Biswajit Chowdhury and Gautam Kumar Thakur ......for the Appellants
Mrs. Manjuri Gupta and Mr. Gobinda Lal Bhattacharyya ......for the Respondents

JUDGMENT

In these appeals question arose whether the provision of Chapter IIB of the West Bengal Land Reforms Act, would be applicable in respect of the District of Purulia which was a transferred territory. The District of Purulia was a part of the State of Bihar and that the Parliament has enacted the Bihar and West Bengal Transfer or Territories Act, 19 of 1956. Section 44 of this Act provides that "For the purpose of facilitating the application of any law in relation to Bihar or West Bengal, the appropriate Government may, before the expiration of one year from the appointed day, by order make such adoptations and modifications of the law, whether by way of appeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect, subject to the adoptations and modifications so made until altered, repealed or amended by a competent authority or competent legislature :–

Explanation–In this section, the expression "appropriate Government" means, as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law, the State Government.

2. Thereafter, the West Bengal State Legislature passed an order















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