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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Ardhendu Bikash De – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. An order dated March 12, 2021 passed in O.A. No. 1477 of 2008 by the West Bengal Land Reforms and Tenancy Tribunal, is under challenge in the present writ petition.
2. Learned advocate appearing for the writ petitioners submits that, the father of the writ petitioners executed a deed of settlement on December 30, 1965. At that material point of time, Section 14T of the West Bengal Land Reforms Act, 1955 was not in the statute book. Consequently, the Revenue Officer could not open the issue as to whether, the deed of settlement dated December 30, 1965 was benami or not purporting to act under Section 14T(5) of the Act of 1955. According to him, the time period under the Act of 1955, to look into an issue of benami is prescribed under Section 14P of the Act of 1955. The deed of settlement was executed prior to the date prescribed under Section 14P of the Act of 1955. The Revenue Officer was without jurisdiction in purporting to open an issue of benami in respect of a deed of settlement falling outside the purview of Section 14P.
3. Learned advocate appearing for the writ petitioners submits that, the issue of irrigated and non-irrigated area, is also beyo
Court affirmed the principle that unpleaded facts cannot invalidate judgments, stressing the necessity of procedural integrity in legal proceedings.
Proceedings under Section 145 of Cr.P.C. are applicable only to disputes regarding possession and likelihood of breach of peace, not disputes over title. The Executive Magistrate can only decide actu....
The provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 apply to land let out for non-agricultural purposes, and without a declaration under Section 143, the Civil Court la....
The court affirmed that Bhumiswami rights cannot be transferred without proper permissions as mandated by the Land Revenue Code, and the petitioners failed to establish valid occupancy rights.
The court ruled that summary eviction proceedings under the Saurashtra Gharkhed Ordinance must be initiated within a reasonable time, and transactions deemed invalid under Section 54 remain valid unt....
The main legal point established in the judgment is that post vesting transferees have no right to undertake retention under the West Bengal Estate Acquisition Act, 1953.
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