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SOUMEN SEN, UDAY KUMAR
Gulmarg Estate Private Limited – Appellant
Versus
Santanu Sarkar – Respondent
JUDGMENT :
Soumen Sen, J.
1. What appears to be an otherwise simple proposition of law has been made to look complex and difficult.
2. The proposition of law that we are required to decide in this petition is whether West Bengal Land Reforms Tribunal constituted under Section 4 of the West Bengal Land Reforms and Tenancy Tribunal Act 1997 (in short ‘Act of 1997’) has the jurisdiction to extend time beyond the period of 30 days from an order passed by the Collector under Section 6 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (in short ‘Act of 2001’). At the first blush the argument advanced by the writ petitioner appeared to be attractive since the tribunal is a creature of statute not a court and hence the provision of Limitation Act ordinarily would not apply to a tribunal unless such power is specifically conferred by the statute creating such tribunal.
3. The dispute relates to premises No. 20 Ganesh Chandra Avenue Kolkata-700013 (hereinafter referred to as the ‘subject property’). The respondent no.17 since deceased being the predecessor of the writ petitioner and the then owner of the subject property filed Thika Tenancy case no.3-D of 1962 for eviction
The Limitation Act does not apply to quasi-judicial bodies, and the Appellate Authority cannot condone delay in the absence of specific provisions under the Employees State Insurance Act.
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
The AGRC is empowered to condone delays in appeals under Section 35(1A) of the Slum Act, despite the absence of explicit provisions, viewed as a drafting error.
The Act of 2016 does not provide for the applicability of any provision of the Limitation Act, including Sec. 5, which would empower Respondent No.3 to condone the delay in filing the Appeal.
The Appellate Authority under the Jammu & Kashmir Goods and Services Tax Act, 2017 cannot condone delay in filing appeals beyond the statutory limit of one month after three months, as the Act exclud....
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