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Documents citing Panna Devi vs The State Of Bihar & Ors on 11 May, 2010

Mostt.Indrashana Kuer vs State & Ors on 22 February, 2018

(10) From perusal of the judgment of Full Bench of this Court rendered in Panna Devi case, it appears that the matter was referred to the Full Bench after doubting the correctness of the law laid down in Ramraji Sharma and other case(supra) in which it has been held that of course in view of the provisions of Section 5 of Consolidation Act, the deed shall be deemed to be void for the purpose of Consolidation Act but the deed shall be binding inter se for the parties when the same is executed in pursuance of Transfer of Property Act and the Registration Act and the Full Bench held that in Patna High Court CWJC No.13116 of 1992 dt.22-02-2018 10 view of the provisions as contained in Section 5 and 32 of the Consolidation Act any deed of transfer by way of sale deed, gift, exchange shall be void but this question has not come up for consideration before the Full Bench directly that how far and till what stage restriction of Section 5 shall continue either till the completion of record of rights under Section 14 and transfer of certificates under Section 15 of the Consolidation Act or till the issuance of notification under Section 26-A of the Consolidation Act and this point has been considered by a Division Bench of this Court in Kamla Devi case and it is held that requirement of Section 5 of the Consolidation Act is till the preparation and publication of record of rights under Section 14 of the Consolidation Act and not till the publication for completion of consolidation proceeding. Therefore, I do not find any illegality in the order of the Collector contained in Annexure-1.
Patna High Court Cites 13 - Cited by 0 - P K Jha - Full Document

Smt. Janki Choudharanin vs Umesh Pd. Singh & Ors. on 2 September, 2013

I have heard learned counsel for the parties and have perused the materials on record. In so far as the issue of validity of sale-deeds dated 15.12.1988 is concerned, there is a concurrent findings of facts by the courts below that the consolidation proceedings were going on within the area in question and the village in question was yet to be notified under section 26A of the Act and the sale deed was executed without obtaining permission from the consolidation authorities. Considering the undisputed factual position it is apparent that the transaction is void in view of provision of section 5 of the Act and no title has passed on to the plaintiff by virtue of the sale-deed. A Full Bench of this Court of which I was also a Patna High Court SA No.199 of 2010 (10) dt.02-09-2013 11 member, vide judgment reported in 2010 (2) PLJR 1066 (Panna Devi vs. The State of Bihar) while considering the provisions of section 5 of the Act has held that permission from the consolidation authorities where proceedings are going on, is mandatory and any transaction without obtaining such permission is a void transaction. In view of the Full Bench pronouncement of this Court, no infirmity can be found in the findings of the courts below regarding invalidity of the sale- deeds dated 15.12.1988.
Patna High Court - Orders Cites 8 - Cited by 0 - J Saran - Full Document

Nashruddin Mian & Ors vs Inther Khan on 29 November, 2013

In the circumstances aforementioned the finding of the trial court rendering the gift deed void on grounds that the same was issued without obtaining sanction under section 5 of the Act suffers from no infirmity and requires no interference. The finding of the trial court is supported by the Full Bench judgment of this Court rendered in the case of Panna Devi (Supra). This Court cannot withhold its disapproval on the manner in which the appellate court has dealt with this issue even after noticing the Full Bench judgment and the ratio decided therein. The opinion Patna High Court SA No.693 of 2010 dt.29-11-2013 11 expressed by the appellate court below is in clear teeth of the Full Bench judgment.
Patna High Court Cites 6 - Cited by 0 - J Saran - Full Document

Nathun Gope & Ors. vs Smt. Kunti Devi & Ors. on 16 May, 2017

"As to whether the conclusion by the appellate court below by placing reliance upon a decision reported in the case of Ram Raji Sharma & anr vs. State of Bihar & ors 2007 (4) PLJR 449 for coming to the conclusion that the gift deed in question is not void for want of sanction from the constitutional authority can be sustained in law when the said decision has been overruled by the Full Bench decision reported in the case of Panna Devi Vs State of Bihar & ors, 2010(2) PLJR 1068?
Patna High Court - Orders Cites 2 - Cited by 0 - V Nath - Full Document
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