Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Zamindari Abolition and Land Reforms Act, 1950

Thursday, April 15, 2010
Zamindari Abolition and Land Reforms Act, 1950

Zamindari Abolition and Land Reforms Act, 1950 — Section 154(3) — The substantive part of sub-section (3), which was added by an amendment made in 2005, lays down that every transfer of land in excess of the limit prescribed under sub-section (1) shall require prior approval of the State Government — By virtue of proviso to this sub-section, the State Government has been clothed with power to give post facto approval on payment of the specified amount as fine.

 
Zamindari Abolition and Land Reforms Act, 1950

Zamindari Abolition and Land Reforms Act, 1950 — Section 166 and Section 154(1) — Section 166 declares that every transfer made in contravention of the provision of the Act shall be void — This obviously includes Section 154(1).

 
Zamindari Abolition and Land Reforms Act, 1950

Zamindari Abolition and Land Reforms Act, 1950 — Section 154(1) — Uttar Pradesh General Clauses Act, 1904, Sections 3 and 4(33) — Contention that a company is not a ‘person’ within the meaning of Section 154(1) of the Act and, therefore, the restriction contained therein is not applicable to transfer of land in favour of a company — Held, not tenable — In view of the definition contained in Section 4(33) of the U.P. General Clauses Act, the word ‘person’ appearing in Section 154(1) would include any company or association or body of individuals, whether incorporated or not — Further held, explanation added to Section 154(1) does not give a narrow meaning to the word ‘person’ — Explanation makes it clear that the word ‘person’ would include a non natural person.

 
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