...residing in Chotanagpur Division made an application under Section 46(4)(a) under Chotanagpur Tenancy Act for getting back possession of the disputed land which according to the appellant...held to be a transfer within the meaning of the said Act. He has therefore submitted that the impugned judgment must be set aside and the application made by the appellant under Section 46 of the ...Chotanagpur Tenancy Act must be liberally construed and the surrender made by a tribal should be construed as a transfer under the said Tenancy Act. Accordingly, the said application under Section...

...the centre point of the original dispute appears to be if the land is chapparbandi land, Section 46 of Chotanagpur Tenancy Act is not applicable and if...Section 46 of Chotanagpur Tenancy Act is not applicable, the land can not be again given back to the original owner i.e a tribal and, therefore, the bone of con...Section 46 of Chotanagpur Tenancy Act.(iii) It is heavily contended by the counsel for the respondents that Section ...

...Section 46 of Chotanagpur Tenancy Act, 1908 will be said to be illegal, keeping that fact into consideration, an application has been filed under the provision of Section 71(A) ...Section 71(A) of Chotanagpur Tenancy Act, 1908 and since according to the petitioner, transfer has been made in violation of the provision of Section 46 of the ...provides complete embargo for transfer of the land from tribal to non-tribal. 7. The Special Officer, S.A.R. while initiating the proceeding under Section 71(A) of the Chotanagpur Tenancy...

...Village Memaral, P.S. Basia, District Gumla, as it was alleged to be transferred in contravention of the provisions of Section 46 of Chotanagpur Tenancy Act....Section 46 of C.N.T Act. Petitioners, herein, claim to have purchased the said piece of land on the basis of instrument executed on a plain paper by private respondent o.../9293 at the behest of petitioner no. 2 through other cosharers Thardius Lakra was against the provisions of Section 46 of C.N.T Act as the lands illegally transferred i...

...which have been described in details in paragraph 4 of the writ application, in terms of the provisions of section 46(4A) of the Chotanagpur Tenancy ...father or for that matter his predecessor-in-interest discontinued to possess the land in question.8. In terms of the proviso appended to section 46(4A) of the Chotanagpur ...the provisions of clause (b) of second proviso appended to Section 46 of the Chotanagpur Tenancy Act.9. In this case the date of transfer is 17.7.1947 In ...

.... Komal Khess filed an application for restoration of the land under Section 71-A of the Chotanagpur Tenancy Act against the petitioners which was contested by the petit...extended application of Section 71-A to chapparbandi holding as it is now applicable to the whole of the municipal area. It further held that there is no such proceeding showing any order of the competent authority...impugned transfer must be in violation of the provisions of Section 46. Learned counsel admit that there is no provision in the whole of the Chotanagpur Tenancy Act laying down a...

...provision of Section 46 of the Chotanagpur Tenancy Act. For the purpose of construction of Section 71-A of.... 4 to 7.5. In terms of the provisions of Section 46 of the Chotanagpur Tenancy Act there cannot be any lease of an agricultura...than five years. Induction of an under Raiyat in an agricultural holding by a Raiyat is certainly a transfer within the meaning of Section 46 of the Chotanagpur Tenancy ...

...Munda, Langra Munda @ Chunuwa Munda, Etwa Munda and Budhuwa Munda obtained permission under Section 46 of the Chotanagpur Tenancy Act, vide Case No. 140R8/II/52-53. 15.07.1953...land under the provisions of Section 71A of Chotanagpur Tenancy Act, 1908. 7. The learned counsel for the petitioner has also submitted that there is a spe...permission under Section 46 of Chotanagpur Tenancy Act and also their case that Chapperbandi was also created over the property for which Chapperbandi rent receipts were also issued, this Court is...

...courts failed to consider Section 46 of the Chotanagpur Tenancy Act and without appreciating that section, the case has been decided. He further submits that the learned courts wrongly re...evidence adduced on behalf of the parties. It appears that Section 46 of the Chotanagpur Tenancy Act has been taken care of by the learned trial court and considering that the le...that the plaintiff not basis his claim on possessory title but claiming relief on the basis of surrender by ex tenant and subsequent settlement of land in his favour under Chotanagpur Tenancy Act. The surr...

...permission from the Deputy Commissioner under Section 46 of the Chotanagpur Tenancy Act, 1908 in Case No. 83 R (II) 62-63 was duly taken for the purposes of tra...Commissioner under Section 46 of Chotanagpur Tenancy Act, 1908 in Case No. 83 R (II) 62-63.b) Subsequently, Bandhna Mahli had sworn affidavit dated 10.0...would still be in violation of the provisions of Section 46 of Chotanagpur Tenancy Act, 1908 in absence of required permission from the Deputy...

.... Prasad that taking resort to the provisions of Section 46 of Chotanagpur Tenancy Act, 1908 was the third case made out by the learned first appellate court. It is further submitted by l...Section 46 of Chotanagpur Tenancy Act, 1908 prohibits transfer of land by a member belonging to a backward class to a person, who is not a member of Backward class, without prior...taking note of the fact that the sale deed concerned being the registered sale deed no. 7175 dt. 26.05.1972 purported the having been executed in violation of the provisions of Section 46 of ...

...Ekka who is the co-accused of this petitioner. Mrs. Menon Ekka filed several applications before Deputy Collector, Land Reforms (DCLR) seeking permission in terms of Section 46 of Chotanagpur ...recommending according such permission and the order was ultimately passed by the petitioner in exercise of the power vested upon him under Section 46(1) of the Chotanagpur Tenancy Act. I...initiated in the light of the observations recorded by the co-ordinate Bench of this Court. It is next submitted that the order passed by the petitioner under Section 46(1) of the Chotanagpur ...

...Commissioner is required. Accordingly, the appellate authority held that the transfer of land through power of Attorney was in contravention of Section 46 of Chotanagpur...to be given effect to and it has been rightly held by the authorities that the petitioner was in possession of the property in violation of the provisions of Section 46 of ...Section 49 of Chotanagpur Tenancy Act, 1908 which is claimed by the petitioner is a fraudulent document and that she has not even taken the consideration amount out of t...

...purported to be under Section 46(4A) of the Chotanagpur Tenancy Act for restoration of the lands comprised within plot nos. 44 and 45 appertaining to khata no. ...(Scheduled Castes) Order 1950, the period of limitation must be held to be 30 years.11. The learned counsel further submitted that the provisions of Section 46(4A) ..., the provisions of the Bihar Schedule Area Regulation, 1969 will have no application whatsoever in the instant case.15. Section 46(4A) of the. Chotanagpur Tenancy Act rea...

...were parties before the appellate court. (7) Komal khess filed an application for restoration of the land under section 71 - a of the chotanagpur tenancy act against the petitione...same view that ordinance 165 of 1979 has extended application of section 71 - a to chhaparbamti holding as it is now applicable to the whole of the municipal area. It further held that there is no such proceeding s...should be a member of the scheduled tribe, and (d) the impugned transfer must be in violation of the provisions of section 46. Learned counsel admit that there is no provision in the whole of the ...

...acquired title by way of adverse possession. The said authority held that there was contravention of Section 46 of Chotanagpur Tenancy Act and held th...year 1951.b) He submits that an application under Section 71 A of Chotanagpur Tenancy Act, 1908 was filed by Kamal Pahan (father of the respondent no 5 an...resorting to third proviso to Section 71 A of Chotanagpur Tenancy Act, 1908 and the land was directed to be restored to the descendant of the recorded tenant provided th...

...the order of the Land Reforms Deputy Collector by the impugned order dated 28th February, 1984. The proceeding in which these orders were passed was one under Section 46 of the ...these facts, respondent no. 4 prayed that the lands may be restored. The aforesaid application filed by respondent no. 4 purports to be one under Section 46 of the Chotanagpur Tenancy ...aside the order of the appellate authority and ordered restoration of the lands in favour of respondent no. 4.5. Section 46 of the Chotanagpur ...

...learned trial court has further held that there is nothing on the record that the permission as required under Section 46 of the Chotanagpur Tenancy Act was not obtained...; a member of a scheduled castes could transfer the property in favour of any other person as Section 46 of the Chotanagpur Tenancy Act was declared ul...the local limits of the district within which the suit land is situated. Section 46 of the Chotanagpur Tenancy Act provides that no transfer of a raiya...

..., title and interest over his remaining 10(ten) annas share and such relinquishment is a transfer of the right, title and interest which is hit by the provisions of Section 46 of the Chotanagpur ...arguments advanced by the counsel it is noticed that the moot question which falls for determination is whether the compromise decree was hit by the provisions of Section 46 of the CNT ...no. 3 of 1959 amounts to transfer of the suit property which is hit by the provision of Section 46 of the Chhotanagpur Tenancy Act, accordingly, the co...

...suit.The learned Munsif who tried the suit held that the lease relied upon by the defendants contravened the provisions of Section 46 of the Chotanagpur Tenancy ...Subordinate Judge held that the lease set up by the defendants was for an indefinite period and was, therefore, invalid in view of the provisions of Section 46 of the Chotanagpur...legislature.”But, because section 46 forbids alienation, it does not at all follow that the law of limitation will not take its own course. Section 230 of the Chotanagpur ...