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1 - 6 of 6 (0.19 seconds)Article 227 in Constitution of India [Constitution]
Section 5 in West Bengal Land Reforms Act, 1955 [Entire Act]
Section 9 in West Bengal Land Reforms Act, 1955 [Entire Act]
Dwijapada Haldar vs Prafulla Chandra Haldar on 30 March, 1972
18. The learned trail judge held that the application under Section 8 of
the said Act was not maintainable in view of the fact that the preemptor
did not deposit the entire consideration money plus 10% of such
consideration money as compensation. However, in Dwijapada Halder vs.
Prafulla Chandra Halder reported in 76 CWN 784, it has been clearly
held that an application for preemption under Section 8(1) cannot be
rejected if the applicant made a short deposit at the time of filing of such
application and it would be sufficient compliance of Section 8(1) of the Act
if the preemptor deposits the balance of the consideration money when
the Revenue Officer passes the final order or after the amount of the
consideration money payable by the preemptor has been finally
adjudicated by the Revenue Officer under Section 9(1) of the said Act.
Abdur Rahman vs Sk. Abu Bakar & Anr on 2 February, 2015
Subsequently, in Abdur Rahaman vs. Sk. Abu Bakar reported in 2016
(1) CHN (Cal) 319, this court further held that an application under
Section 8 of the said Act is maintainable even when the short deposit is
made and if a dispute is raised to the actual market value being less than
what is shown as consideration money in the deed, it is a duty of the
court to determine and/or ascertain the same. As such the court cannot
straightway dismiss the preemption application merely on the ground of
short deposit.
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