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United News of India
28-05-2025
- Business
- United News of India
SC upholds Tribunal order validating 1967 Gift Deed, rejects benami allegation based on retrospective law
New Delhi, May 27 (UNI) The Supreme Court has upheld an order of the West Bengal Land Reforms and Tenancy Tribunal that set aside the declaration of a 1967 gift deed as a benami transaction, ruling that the genuineness of a registered gift cannot be questioned due to a retrospective amendment in law made decades later. A bench, comprising Justices Rajesh Bindal and Nongmeikapam Kotiswar Singh, dismissed an appeal challenging the Tribunal's order, which had been overturned by the Calcutta High Court. The Supreme Court restored the Tribunal's decision, holding that the High Court erred in treating the gift deed as questionable based on an amendment introduced in 1989 to the West Bengal Land Reforms Act, 1955, with retrospective effect. 'The genuineness of the registered gift deed executed on December seven, 1967 could not be put in doubt merely because of a legislative amendment introduced over two decades later,' the Court observed. The bench added, 'If that argument were accepted, the entire holding could have been distributed to evade land ceiling provisions. However, the fact remains that even after the 1967 gift to his children, 8.806 acres of land remained with Iswar Chandra Pal and was rightfully declared surplus and vested in the State.' Notably, in 1967, Iswar Chandra Pal executed a registered gift deed transferring 20.88½ acres of land to his sons and daughters. This transfer was reflected in the revenue records by 1969. After Pal's death in 1975, the State declared 8.80 acres of his remaining land as surplus and took possession of it. Following the 1989 amendment to the Land Reforms Act, proceedings were initiated to re-examine land holdings under Sections 14T(3), 14M, and 14S of the Act. In 1997, a Revenue officer held that the 1967 gift deed was a 'benami' transaction and declared 17.9 acres of land as surplus, allowing the family to retain only 8.65 acres. The family appealed, and the Tribunal later set aside the Revenue officer's order. However, the High Court, on a writ petition by the State, remanded the matter for reconsideration, treating the gift deed as potentially 'benami'. Challenging the High Court's order, the appellants argued that it was legally unsound to treat a valid 1967 gift deed as 'benami' simply because of a law amended in 1989. Agreeing with the appellants, the Supreme Court held that the retrospective application of the amendment could not invalidate a transaction that was lawful and registered decades earlier. 'It would be illogical to assume that one could anticipate future land ceiling laws and structure transactions accordingly,' the bench said. The Court concluded that the High Court had wrongly interfered with the Tribunal's order, as the facts of the case did not permit more than one interpretation. It therefore allowed the appeal and reinstated the Tribunal's decision.
Hindustan Times
24-05-2025
- Politics
- Hindustan Times
Sangrur protesters' detention oppressive move, say farmer unions
Farmer unions have termed the police action as oppressive wherein around 400 members of the Zameen Prapti Sangharsh Committee (ZPSC) were detained while they were marching towards Bir Aishwan in Sangrur district to take possession of a big chunk of land, claiming it had no heir, on May 20. According to ZPSC, the 927-acre land, owned by the erstwhile princely state of Jind, had no heir following the death of its last ruler. The ZPSC has been demanding distribution of the said land among landless people under the Land Reforms Act. Manjit Singh Dhaner, president of the Bhartiya Kisan Union (Ekta-Dakaunda), said, 'The police believe this movement can be suppressed by force.' Joginder Singh Ugrahan, president of the Bhartiya Kisan Union (Ekta Ugrahan), said, 'The imprisonment is unjust and land ceiling law should be implemented, ensuring that land held by landlords exceeding 17.5 acres is distributed among the working class,' he said. SSP Sartaj Singh Chahal said around 150 members are still detained. 'It is preventive detention keeping in mind the law and order. Further action will be taken accordingly,' he said.
The Hindu
17-05-2025
- Business
- The Hindu
Karnataka CM promises dedicated MSME Department to promote small industries
Chief Minister Siddaramaiah announced on Saturday that his government will create a dedicated MSME department — complete with its own Minister, principal secretary and staff — so that small industries get the focus they deserve. Unveiling what he called 'the biggest structural reform for Karnataka's small businesses in decades,' Mr. Siddaramaiah addressed the Karnataka Small Scale Industries Association (KASSIA) at its platinum jubilee event, declaring that labour, revenue, and industry Ministers would meet within days to discuss this issue. Echoing this, Deputy Chief Minister D.K. Shivakumar promised land, power, and single-window clearances to attract investment and generate 10 lakh new MSME jobs over the next five years. KASSIA president M.G. Rajagopal welcomed the announcements but cautioned that spiralling costs and regulatory hurdles continue to threaten the competitiveness of small industries. In a memorandum submitted to the Chief Minister, Mr. Rajagopal raised issues including an 80% rise in minimum wages, high electricity tariffs, mandatory e-khata for property documentation, stamp duty hikes on mortgages, and the lack of industrial land allocation by KIADB. The memorandum also called for a separate minimum wage policy for MSMEs, a dedicated industrial policy, and fixed electricity tariffs for small enterprises. KASSIA demanded the reduction of stamp duty on hypothecation from 0.5% to 0.1%, with a cap of ₹25,000. The absence of plan approval mechanisms in rural areas, the denial of power connections without occupancy certificates, and exorbitant property taxes were flagged as urgent concerns. KASSIA further urged the government to direct KIADB to ensure 15% land allocation in industrial areas for MSMEs, and to amend the Land Reforms Act to allow KSSIDC to directly acquire and distribute small-sized plots. On e-khata, the association requested simplified implementation and temporary flexibility to enable transactions. Founded in 1949 and representing over 6,000 small-scale units, KASSIA marked its jubilee by launching a B2B e-portal, employment platform, sourcing hub, and a 50,000-sq-ft skill and product center to support rural industrial readiness.
