AI Overview...
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Section 71A of the CNT Act - Empowers the Deputy Commissioner to restore possession of land unlawfully transferred or alienated in contravention of the Act. The section applies broadly to cases where transfer is made in violation of the law, and no specific limitation period is prescribed for exercising this power Kamlakasi Jha VS State Of Jharkhand - Jharkhand, Subash Kumar Modi Sons Of Late Gopal Modi VS State Of Jharkhand - Jharkhand, Fulchand Munda VS State of Bihar - Supreme Court.
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Applicability to Lands - The courts have discussed the applicability of Section 71A to different types of lands, notably Chapparbandi and Zirat lands. It has been held that Section 71A is applicable primarily to tribal or agricultural lands under the CNT Act, but its applicability to Zirat lands may be limited or rejected based on specific facts Kamlakasi Jha VS State Of Jharkhand - Jharkhand, Rajeshwari Devi widow of late Manki Raj Kishore Singh VS State of Jharkhand through the Commissioner, South Chhotanagpur Division, Ranchi - Jharkhand.
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Procedure and Legal Framework - In cases involving withdrawal or restoration under Section 71A, the Civil Procedure Code (CPC), particularly Order 23 Rule 1, may be applicable unless specific rules under the CNT Act govern such proceedings. The courts have also examined whether provisions like Section 265 of the CPC influence proceedings under Section 71A Pramod Lakra, S/o. Late Birsa Oraon VS State of Jharkhand - Jharkhand.
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Fraud and Illegal Transfers - Many judgments highlight that transfers made fraudulently or in violation of the CNT Act can be challenged under Section 71A. Surrender and settlement made fraudulently or in contravention of the Act are grounds for restoration of possession Sahdeo Lohra VS Lalo Orain - Jharkhand.
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Limitations and Time Bar - Although no explicit limitation period is prescribed for filing applications under Section 71A, courts have considered delays and the need for condonation of delay based on the facts of each case. Some judgments have emphasized that the section's provisions are flexible regarding time Surendra Hembrum, S/o. Late Sadhan Munda VS Shobha, W/o. Late Uday Saw - Jharkhand.
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Jurisdiction and Validity of Orders - Orders passed under Section 71A are generally upheld if they are found to be in accordance with the law. The validity of such orders can be challenged on procedural or jurisdictional grounds, but courts tend to uphold them if the statutory requirements are met Subash Kumar Modi Sons Of Late Gopal Modi VS State Of Jharkhand - Jharkhand, Perfect Electric Concern (P) Ltd. VS State of Jharkhand - Jharkhand.
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Res Judicata and Bar of Proceedings - The doctrine of res judicata may bar repeated proceedings on the same issue, but applications under Section 71A are often considered on their own merits, especially when new facts or fraudulent transfers are involved Ful Kumari Minz VS State of Jharkhand - Jharkhand.
Analysis and Conclusion:
Section 71A of the Chotanagpur Tenancy Act is a key provision empowering authorities to restore unlawfully transferred tribal or agricultural lands. Its scope covers transfers in violation of the Act, including fraudulent or illegal transactions. While the section does not specify a limitation period, courts have exercised judicial discretion to condone delays. The applicability to different land categories (e.g., Zirat vs. Chapparbandi) depends on the facts and judicial interpretation. Proceedings under Section 71A may incorporate principles of civil procedure, but are primarily governed by the statutory framework of the CNT Act. Orders passed under this section are generally upheld if procedural requirements are met, and the section provides a vital remedy for land restoration in cases of unlawful transfer or settlement.
Search Results for "Section 71a of the Cnt Act"
2010 0 Supreme(Jhk) 1060 • India - Jharkhand
D.G.R.PATNAIK
C.N.T Act - Restoration of Lands - Section 71A - [648, 655] - The court discussed the applicability of Section 71A of the CNT ... 71A of the CNT Act. ... Issues: The issues involved the applicability of Section 71A of the CNT Act to Chapparbandi lands, the finding of fraud in ... of Section 46 of the Act. ... Learned counsel ....
2016 0 Supreme(Jhk) 1098 • India - Jharkhand
VIRENDER SINGH, SHREE CHANDRASHEKHAR
Zirat Land - CNT Act - Section 46, Section 71A, Section 6, Section 118 - The court discussed the applicability of Section 46 and ... is not required and that Section 71A of the CNT Act is not applicable to Zirat land. ... Issues: The contested issues were the applicability of Section 46 and Section 71A of the CNT#HL....
2017 0 Supreme(Jhk) 276 • India - Jharkhand
AMITAV K.GUPTA
with regard to withdrawal of case under Section 71A of CNT Act, provision as contained under Order 23 Rule 1 of CP.C would apply—Court ... Civil Procedure Code, 1908—Order 23 Rule 1—Chota Nagpur Tenancy Act, 1908—Section 71-A—Withdrawal of suit—In absence of any rules ... ... Further, with regard to application of the provisions of CPC in a proceeding U/s 71A of CNT Act, I find that according to Section 265 - “Unt....
2022 0 Supreme(Jhk) 135 • India - Jharkhand
GAUTAM KUMAR CHOUDHARY
71A under CNT Act for filing a case for restoration - It is evident from the provision of Section 71A of Act, 1908 which confers ... Chotanagpur Tenancy Act, 1908 - Section 46 and 71A - Limitation Act, 1963 - Article 64 and 65 - Restoration ... Act - Instantly, Court find that surrender and settlement was made fraudulently in contravention to CNT Act - Plaintiff....
2019 0 Supreme(Jhk) 1417 • India - Jharkhand
PRAMATH PATNAIK
71A of the CNT Act. ... Section 71A of the Chotanagpur Tenancy Act empowers the Deputy Commissioner to restore possession of land unlawfully ... It concludes that the impugned orders are valid under Section 71A and dismisses the writ petition. ... In Section 71-A of the C.N.T Act, it is stipulated that at any time it comes to the notice of the Deputy Commissioner that any transfer is made in contravention to any pr....
2015 0 Supreme(Jhk) 489 • India - Jharkhand
SHREE CHANDRASHEKHAR
Chotanagpur Tenancy Act, 1908—Sections 71-A and 46—Civil Procedure Code, 1908—Section 11—Restoration of tribal land—Bar of res judicata—In ... The learned counsel for the petitioners submits that the issue involved in the application under Section 71A of CNT Act was disputed question of title. ... It is thus, apparent that the application under Section 71A of CNT Act filed by respondent no. 5 was ....
2022 0 Supreme(Jhk) 579 • India - Jharkhand
RAVI RANJAN, SUJIT NARAYAN PRASAD
Delay Condonation - Chota Nagpur Tenancy Act - Section 71A - 13.05.1998, 29.11.2005, 20.10.2008 - The court discussed the provisions ... of Section 71A of the Chota Nagpur Tenancy Act and its interpretation in the context of delay in filing an application for restoration ... Ratio Decidendi: The court's decision was based on the interpretation of Section 71A of the Chota Nagpur Tenancy Act and the ... The provision of Sec....
2015 0 Supreme(Jhk) 233 • India - Jharkhand
SHREE CHANDRASHEKHAR
Chotanagpur Tenancy Act, 1908—Sections 71-A and 46—Civil Procedure Code, 1908—Section 11—Restoration of tribal land—Bar of res judicata—Earlier ... No. 223 of 1984(R), the notice issued in the proceeding under Section 71A of CNT Act, 1908 was quashed at the instance of the petitioner. ... Kuthru Kundaram which is within the period of 30 years and thus, the said transaction was barred under Section 46 of CNT Act, 19....
2008 1 Supreme 609 • India - Supreme Court
P.P.NAOLEKAR, DALVEER BHANDARI
– Section 71A – Although no period of limitation is prescribed for exercising the power under Section 71A ... Section 46 – Under the CNT Act as it stood in the year 1922, the transfer could have been challenged being ... a contract or agreement of transfer in contravention of Section 46 of the CNT Act – That plea having not been taken by the appellant ... Section 71A of the #HL_S....
2007 0 Supreme(Jhk) 521 • India - Jharkhand
AMARESHWAR SAHAY, DHANANJAY PRASAD SINGH
Chotanagpur Tenancy Act, 1908- Sections 29 and 71A – permission for transfer and restoration of land – application for restoration ... even If there was any violation of Section 49 of the Chhotanagpur Tenancy Act, the remedy does not lie Section 71A of CNT Act. ... Therefore, the learned Single Judge rightly held that application under Section 71A of the CNT Act....
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