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Judgment Search Results Home > Cases Phrase: bengal board of revenue act 1913 Page 1 of about 892 results (0.058 seconds)

Sep 10 1969 (HC)

NitIn Chakravarti Vs. V.S.C. Bonarjee and anr.

Court : Kolkata

Reported in : AIR1970Cal477,74CWN958

..... section 2 of the said amending act afler section 6 of the bengal board of revenue act, 1913, section 7 was inserted. section 7 of the act reads as follows :--'the board of revenue for west bengal ..... rule.3. the only point for consideration in this rule is whether the bengal. board of revenue hits the power to punish a person for contempt of the board. it appears that the bengal board of revenue act, 1913 was amended. by bengal board of revenue (amendment act) act of 1953. the said act had the assent of the governor on the 19th december, 1953. by ..... shall have the same powers of dealing with contempt of the board ..... and, therefore, it cannot stand.12. in my view, therefore, section 7 of the bengal board of revenue act, 1913 as amended by the act of 1953 is ultra vires and is void. in that view of the matter the board of revenue has no power to issue the show cause notice against the petitioner and it must, therefore, .....

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Aug 11 1943 (PC)

Choudhury Mohammad Manjural Haque and ors. Vs. Shebait of Sri Sri Iswa ...

Court : Kolkata

Reported in : AIR1945Cal202

..... . it is not uncommon to find such provisions in modern statutes, but none occurs in the bengal land revenue sales act, 1859 or in the bengal board of revenue act, 1913. the judicial officers' protection act, 1850 applies to collectors and other persons acting judicially. can it be said that the board of revenue was acting judicially in annulling the sale on the ground of hardship? the line between judicial and administrative functions ..... of the board of revenue may apply to the board for a review of the same; and, if the board considers there are sufficient reasons for so doing, it may review ..... interfere with it.23. we are therefore of opinion that the board's order of 13th september 1937, was without jurisdiction and ultra vires. we have now to consider whether the jurisdiction of the civil court to pronounce the board's order ultra vires is itself excluded by section 6, bengal board of revenue act, 1913. this section runs:any person considering himself aggrieved by any order .....

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Jan 29 1943 (PC)

Chowdhury Mohammad Manjural Haque and ors. Vs. Sebait of Sri Sri Iswar ...

Court : Kolkata

Reported in : AIR1943Cal361

..... not uncommon to find such provisions in modern statutes, but none occurs in the bengal land revenue sales act 1859, or in the bengal board of revenue act 1913. the judicial officers' protection act, 1850 applies to collectors and other persons acting judicially. can it be said that the board of revenue was acting judicially in annulling the sale on the ground of hard-ship. the line between ..... any order of the board of revenue may apply to the board for a review of the same; and, if the board considers there are sufficient reasons for so doing, ..... .20. we are, therefore, of opinion that the board's order of 13th september 1987 was without jurisdiction and ultra vires. we have now to consider whether the jurisdiction of the civil court to pronounce the board's order ultra vires is itself excluded by section 6, bengal board of revenue act, 1913. this section runs:any person considering himself aggrieved by ..... exercising certain specified functions shall be deemed to be acting judicially within the meaning of the judicial officers' protection act 1850, e.g., see section 48, bengal public demands recovery act, 3 of 1913 or section 71, civil p.c., 1908. there is no such provision in the bengal land revenue sales act or the bengal board of revenue act. this may or may not be an omission .....

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Jan 31 1957 (SC)

The State of Assam Vs. A.N. Kidwai, Commissioner of Hills Division and ...

Court : Supreme Court of India

Reported in : AIR1957SC414; [1957]1SCR295

..... to the following enactments : 1. the central board of revenue act, 1924 (act no. iv of 1924), section 2. 2. the indian boilers act, 1923 (act v of 1923), section 20. 3. bengal board of revenue act, 1913, sections 3 and 4. 4. the motor vehicles act, 1939 (act iv of 1939), section 64. 5. the factories act, 1948 (act lxiii of 1948), section 107. 6. schedule districts act (xiv of 1874), section 6. 7. essential ..... supplies (temporary powers) act, 1946, section 4. 8. assam act ..... xvii of 1947 (sales tax act), section 30. 9. bombay act v .....

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Sep 26 1962 (HC)

Sethani Chhoti Debi Vs. Union of India and Others.

Court : Kolkata

Reported in : [1964]51ITR473(Cal)

..... matter is remitted to the board of revenue so that the board of revenue may decide the question whether execution of the certificate is barred by ..... by the law of limitation. the point should be determined by the board of revenue in accordance with law.we pass the following order :we adjudge and declare that the notice under section 7 of the bengal public demands recovery act, 1913, was duly served on the petitioner. the order of the board of revenue dated november 11, 1961, is hereby quashed and set aside and the ..... . the commissioner refused to entertain the objection on the ground that the objection petition was not filed in time. now an objection petition under section 9 of the bengal public demands recovery act, 1913, denying his liability in whole or in part may be presented by the certificate debtor within thirty days from the date of the service of the notice under section ..... use it for his signature.'in haraprosad gain v. gopal chandra gain, a division bench of this court held that the notice under section under section 7 of the bengal public demands recovery act, 1913, was duly served though the notice bore only the lithographic signature of the certificate officer. shurrawardy j. observed 'i have not been able to discover and law under .....

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Mar 19 1957 (HC)

Hazi Siddique Vs. Certificate Officer, Burdwan and ors.

Court : Kolkata

Reported in : AIR1958Cal14,61CWN612

..... nature of certiorari to quash certain orders made by the certificate officer, burdwan, by the collector and by the commissioner, burdwan, and by the board of revenue, west bengal, in certificate proceedings taken under the bengal public demands recovery act, 1913. the case of the petitioner is that the petitioner is one of the partners of a firm known as haji ibrahim kasem upletwalla. certain certificate ..... . furthermore, the rules for serving of notice appear to be directory in character. it is clear from section 39 of the bengal public demands recovery act that the rules can be altered or added to or annuled by the board of revenue with the sanction of the state government. it is true so long as the rules are in force they should be observed ..... by the commissioner in revision with the order made by the learned collector. it appears that thereafter the petitioner moved the board of revenue, west bengal, also by way of revision but the said petition for revision was also rejected by the board by its order dated the 21st of september 1953. 2. the first point that has been urged on behalf of the ..... but in my view non-compliance with the rules unless it results in failure or miscarriage of justice cannot in all cases vitiate the proceedings taken under the bengal public demands recovery act. reference has been .....

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Jun 19 1964 (HC)

Brahmananda Sharma Vs. Gajapati Nath Dey and ors.

Court : Kolkata

Reported in : AIR1965Cal492,69CWN7,[1965]58ITR579(Cal)

..... . this is an application under article 227 of the constitution, directed against an order of the board of revenue, dated 6-10-61 (at page 14 of the application), by which the rejection of the petitioner's application under section 27 of the bengal public demands recovery act. 1913 was affirmed by the hoard, in exercise of its revisional power under section 53 of the ..... ground as stated in paragraph 12 of the application, namely, that of illegal or irregular exercise of his jurisdiction by the member, board of revenue. he had, undoubtedly, a revisional jurisdiction, under section 53 of the bengal public demands recovery act, and, in the exercise of this jurisdiction to refuse to interfere with the rejection of the petitioner's application under section 27 of ..... act. 2. no affidavit in opposition has been filed by any of the opposite parties other than ..... reference to evidence or the like is necessary. without more, therefore, the impugned order cannot stand and this application must succeed. 29. since the board of revenue refers only torule 75, a reference to section 8 of the act wouldnot be necessary for a disposal of this application.but since the learned advocate for the petitionerhas urged that the impugned order of the .....

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Apr 27 1971 (HC)

Dhirendra Nath Bose Vs. Additional Member, Board of Revenue

Court : Kolkata

Reported in : [1971]28STC19(Cal)

..... case, the board may either refer the same to the high court or ..... the board for reference to the high court. in that ..... or revisional application, the board of revenue acts as a quasi-judicial authority. any party aggrieved by any order of the board has a right to apply for review under section 6(2) of the board of revenue act, 1913.3. if any person is aggrieved by the order under section 20(3) of the bengal finance (sales tax) act, under section 21(1) of the act, he may apply to ..... p.k. banerjee, j. 1. in this application the petitioner challenges the order made under section 21(1) of the bengal finance (sales tax) act, 1941, requiring the board of revenue to refer the question of law to the high court. the board of revenue refused to refer the same to the high court. it is argued that the order was passed without giving the petitioner an .....

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Jul 09 1997 (SC)

West Bengal Housing Board Vs. Brijendra Prasad Gupta and Others

Court : Supreme Court of India

Reported in : AIR1997SC2745; [1997]Supp2SCR22; 1997(2)LC378(SC)

..... .3. it has also been decided that the dues of the west bengal housing board from any individual, firm, company or association of body of individuals, whether incorporated or not, should be recovered as an arrears of land revenue in the manner provided in the bengal public demands recovery act, 1913 (ben. act iii of 1913).4. the bill has been framed with the above objects in view ..... .12. under sub-section (12a) of section 2 of the amending act 'new joint ..... sector company' means a joint sector company formed and registered on or after the date of coming into force of the amending act ..... issued on april 2, 1992 and gazette notification for requisition of the land was published on july 22, 1994.10. it is submitted that the west bengal housing board act (for short 'the housing board act') was enacted on october 13, 1972 with a view to solve the acute problem of shortage of housing, which called for greater and quicker attention. mr. gupta, learned .....

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Jul 09 1997 (SC)

W.B. Housing Board and ors. Vs. Brijendra Prasad Gupta and ors.

Court : Supreme Court of India

Reported in : JT1997(6)SC169; 1997(4)SCALE590; (1997)6SCC207

..... .3. it has also been decided that the dues of the west bengal housing board from any individual, firm, company or association or body of individuals, whether incorporated or not, should be recovered as an arrears of land revenue in the manner provided in the bengal public demands recovery act, 1913 (ben. act ii of 1913).4. the bill has been framed with the above objects in view ..... .14. under sub-section (12a) of section 2 of the amending act 'new joint ..... sector company' means a joint sector company formed and registered on or after the date of coming into force of the amending act ..... issued on april 2, 1992 and gazette notification for requisition of the land was published on july 22, 1994.12. it is submitted that the west bengal housing board act (for short 'the housing board act') was enacted on october 13, 1972 with a view to solve the acute problem of shortage of housing, which called for greater and quicker attention. mr. gupta, learned .....

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