AIR 1991 CALCUTTA 205 ::(1990) 1 Cal LJ 411 ::(1990) 2 Cal LJ 411

Calcutta High Court

Hon'ble Judge(s): Khawaja Mahammad Yusuf , J

(A) Moorshedabad Act (15 of 1891) , Preamble— Repeal of the Act (Central Act) by West Bengal State Legislature - Valid and competent by virtue of Art.372(1) of the Constitution. West Bengal Murshidabad Estate (Trust) Act (2 of 1963) , S.10— Constitution of India , Art.372— (Para 22) (B) West Bengal Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act (55 of 1980) , S.9, S.10, S.12— Provisions are ultra vires the Constitution - @page-Cal206Estate Manager given right to evict "unauthorised occupants" - Expression, however, not defined in the Act - Power is unguided and uncanalised - Section 12 making payment of allowance to beneficiaries conditional on availability of surplus fund - Provision is invalid as it means that intention of State is to deprive beneficiaries of their legitimate dues. (Para 33 34) (C) West Bengal Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act (55 of 1980) , S.11, S.15— Administration of Murshidabad Estate - Direction given that unless rules are properly framed under S.15 with definite guidelines for administration of Estate, provision of S.11 should n....