Name: Tauhid Tausif Shanto

Roll: 1371

Batch: 40 C

Answer to the question number 1

Diluvion: Diluvion means the gradual decrease of Land by the erosion of the river or sea. Section 86
of the state Acquisition and Tenancy Act, 1950 says that the right title and interest of the original
tenant for his successor-in-interest in the land lost by diluvion shall subsist if such lands re-appear in
situ within 30 years of their loss.

Alluvion: Section 87 of the State Acquisition and Tenancy Act, 1950 deals with alluvion and says
when any land has been gained by accession (alluvion), weather from the recess of a river or all the
sea, it shall not be considered as an increment to the holding or tenancy to which it may be annexed
whether it will vest to the government as khas lands.

Despite illegally in unauthorised possession, initial possession obviously gives and advantage in the
field as well as in law courts and muscle power almost rule the field whatever might be the legal
niceties in favour of one or the other. Such a situation prevailing in the past letter to the enactment
of the Alluvial Lands Act,1920. This aims ‘to prevent disputes concerning the possession of certain
lands in Bengal gained by alluvion and dereliction of a river on the sea'.

How to prevent unauthorised possession:

1. If the collector is credibly informed that a dispute likely to cause a breach of peace exists, all

likely to arise in regard to any alluival land, which in his opinion has recently formed he may by an
order in writing attach such land, mark it with boundary pillars, appoint a receiver to manage it,
invite claims to search land, and after examination since the list of circumstances to the court of a
District Judge for determination of title of the claimants.

2. When determination of title of the claimants is made by District Judge, collector shall put the
person certified to be entitled to the land in possession thereof. The collector should also cause a
survey of the char and prepare a map, which will be presumed to be accurate until the contrary is
proved. This Law is similar to the preventive action contemplated under section 145 of the code of
criminal procedure, 1898. It would be restore to only when the collector is satisfied that a dispute
likely to cause breach of peace exists or is likely to arise.

Thus, a collector can prevent unauthorised possession of chor lands in in land law. But it is very hard
when the land of chor is already processed by someone. Then it is very unlikely to recover the land
and give it to the original claimants. But the amendment of 1994 is intended to make an
improvement of the situation insofar as initial responsibility of taking over possession of the chor

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land has been given to the collector. After survey and preparation of map, the revenue officer is
given the duty to allot the lands re-formed in situ to the persons whose lands where diluvated.
However, success of this measure depends upon the ability of the relevant government machinery
to conduct survey and prepare maps immediately after appearance of the chor and to take over
possession of the same notwithstanding political pressure.

Answer to the Question no 2

Civil courts can be classified into the following five tiers:

1. The court of the district judge

2. The court of the additional district judge

3. The court of the joint district judge

4. The court of the senior assistant judge

5. The court of the assistant judge

Apart from that, there are small causes courts. Under the Small Causes Court Act, 1887, unless there
is something repugnant in the subject or context, “Court of Small Causes” means a Court of Small
Causes constituted under this Act, and includes any person exercising jurisdiction under this Act in
any such Court. These courts are empowered to adjudicate petty civil disputes of which the value
does not exceed 25,000 taka.

Application of this Act:

The Small Causes Court Act applies to the whole of Bangladesh. It came into force on the first day of
July, 1887. However, nothing in this Act shall be constructed to affect-

1. Any proceedings before or after decree in any suit instituted before the commencement of
this Act; or
2. The jurisdiction of a Magistrate under any law for the time being in force with respect to
debts or other claims of a civil nature; or
3. Any local law or any special law other than the Code of Civil Procedure, 1908.

Jurisdiction of Courts of Small Causes:

Section 15 of the Act provides for cognizance of suits by courts of small causes. It provides that –

1. A Court of Small Causes shall not take cognizance of the suits specified in the second
schedule as suits excepted from the cognizance of a Court of Small Causes.

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 2. Subject to the exceptions specified in that schedule and to the provisions of any enactment
for the time being in force, all suits of a civil nature of which the value does not exceed
twenty five thousand taka shall be cognizable by a court of small causes.
3. Subjects are aforesaid the Government may, by order in writing , direct that all suits of a civil
nature of which the value does not exceed thirty thousand taka shall be cognizable by a
Court of Small Causes mentioned in the order.
4. On the other hand, section 16 of the Act provides for exclusive jurisdiction of court of small
causes. It provides that-
Save as expressly provided by this Act or by any other enactment for the time being in force,
a suit cognizable by a Court of Small Causes shall not be tried by any other court having
jurisdiction within the local limits of the jurisdiction of the Court of Small Causes by which
the suit is triable.

The Court of Small Causes are now playing an important part in civil cases in Bangladesh. Without
the help of Court of Small Causes, there would be an unbearable burden on the other five types of
courts. The Court of Small Causes are playing their parts as planned. So, as student of law, we should
all learn about the Court of Small Causes.

Answer to the question number 3

Balu Mahal: Section 2(7) of the Balumahal and Soil Management Act, 2010 defines Balu Mahal as
follows:

Balumahal means the open space or fields having the reserve of consumable send or soil, flow of the
tea garden and the river-bed, and which is declared by the Deputy Commissioner as Balumahal.

Soil: Section 2(6) of the Balumahal and Soil Management Act, 2010 it categorically included the clay
and soil except the mottled clay, China clay and shell clay within the meaning of the term soil.

Prohibition on lifting the sand or soil in certain cases:

In its section for the Act provides for provision on lifting on lifting the sand or soil in certain cases. It
provides that in the following circumstances, the sand or soil from open space or fields, flow of the
tea garden and the riverbed shall not be lifted-

1. If it is declared Ecologically Critical Area under the Environment Conversation Act, 1995;

2. If it is situated in areas where bridge, culvert, roads, high ways and other important public and
private structures are situated or where it is within the vicinity of 1 kilometre or of any distance
prescribed by authority for the residential area.

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Provided that the government may, for public purpose, by notification in the gazette, waive the
aforesaid provision by assigning specific reasons.

3. Where it is probable to cause river erosion as a result of lifting the send;

4. Where it is probable to cause damage to water, gas, sanitary or other utility services lines as a
result of dredging;

5. If it is in areas where any barrage, food production zone or other similar infrastructure of the
Water Development Board is situated;

6. If damage may be caused to the hill, hillock or tea garden;

7. Where it is probable to cause damage to the ecological balance of environment and river, or to
any plant, water animal or fishery;

8. Other areas as may be prescribed by the government from time to time by notification.

These are the prohibition on lifting the sand or soil in certain cases according to the Balumahal and
Soil Management Act, 2010.

Answer to the question number 4

Amalgamation of holdings:

Amalgamation as laid down in the State Acquisition and Tenancy Act, 1950 refers to the merging of
more than one holding subject to separate tenancies and belonging to one person, situated in the
same village. Section 116 provides that where various parcels of land are held by one tenant within a
village and such parcels of land or some of them are subject to separate tenancies, they may be
amalgamated into one tenancy under the orders of the Revenue officer. For amalgamation of
holding, a step may be taken by the Revenue officer on the application by one or more tenants in the
in that behalf of the Revenue officer may do so on his own initiative. However, no such order shall be
passed unless reasonable notice is given to the parties concerned to appear and be heard in the
matter.

Consolidation of holdings:

As per section 2(7) of the State Acquisition and Tenancy Act 1950, 'consolidation’, used with
respect to holdings means the redistribution of all or any of the areas of land comprised in the
holdings for the purpose of rendering separate holdings more compact by reducing the total number
of separate plots.

Consolidation has been described in section 119-134 of the State Acquisition and Tenancy Act, 1950
as confederating two or more holdings belonging to more than one raiyat, situated in the same or

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different villages. Consolidation of holdings can be made by the revenue officer on an application
made by one or more of tenants, in that behalf or by his own initiative. However, no such order shall
be passed unless reasonable notice is given to the parties concerned to appear and be heard in the
matter. On having the application admitted, each consolidated holding share bear one single rent.
For the nature of consolidation the court held that consolidation used with respect to holdings
means the redistribution of all or any of the areas of land comprised with the holdings of the
purpose of rendering separate holdings more compact by reducing the total number of separated
plots. Show the features of consideration are:

1. Consideration is used with respect to holdings

2. Redistribution of all or any of the areas of lens compressed in more than one holdings.

3. Rendering separate holdings by reducing the total number of plots.

For the requirements of consideration, the code also held that for consolidating a holding, the
revenue officer may take a step on an application by co-sharer tenants or suo motu but it requires a
prior notice served on the parties affected therein.

Procedure of applying for consolidation and making such an application admitted:

Under section 120, on receipt of an application for consolidation, the revenue officer shall enquiry
into that application. If he considers after enquiry that there are good and sufficient reasons for
rejecting search application or excluding any of such land for consideration, he will submit the
application to the prescribed superior revenue authority with a recommendation that it may be
rejected or disallowed in part, specifying his reasons therefore; and on receipt of such
recommendation, search superior revenue authority shall pass search orders and he thinks proper.

On the other hand, if the revenue officer does not make any recommendation or if the superior
revenue authority makes an order directing the revenue officer to admit the application in whole or
in part, the revenue officer SAIL admit search application either in whole or in path as the case may
be, and shall deal with it in accordance with the provisions of this chapter and of any rules made by
the government under this Act.

Further, when a scheme for the consideration of holding is submitted along with the application
under Section 119(1), and search scheme has been agreed to by all the raiyats affected by it, the
revenue officer shall, after admitting the application weather in whole or in part, examine search
scheme and may, after search examination, either confirm the scheme with or without modification
return it for revision and make confirm it after such revision. If the sum total of the rent of all
holdings under the scheme has been reduced by the distribution of the rent consequent on
redistribution of lands, the revenue officer shall not confirm the scheme.

Section 122 (1) gives a list of where, the revenue officer shall prepare a scheme for the consolidation
of holdings of the applicants or of each raiyat in a village or area, as the case may be. The following
are the cases:

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 1. Where no is scheme for the consolidation of holding is submitted along with the application
under subsection (1) of section 119 ,or where any scheme has been submitted with such
application but has not been agreed to buy all the raiyats affected by it, or

2. Where an application has been made under subsection (2) of that section, or

3. Where the government by notification made an order directing that consolidation of holdings
being affected in any area and the riots of such area fail to produce an agreed scheme under
subsection (1a).

Upon the publication of a notification under clause(iii) of subsection (1), the revenue officer shall call
upon the raiyats, to produce, within a to be fixed by him, and agreed scheme of consolidation of
holdings. For the purpose of assisting him in the preparation of a scheme for consolidation of
holdings, the revenue officer may appoint an advisory committee in respect of search area and may
provide search committee with search technical assistance as he may consider necessary.

The revenue officer has to consider certain points while preparing such a scheme, and those are are
laid down under subsection (3) to (8) of section 122 as follows:

1. In preparing a scheme for the consolidation of holdings under subsection (1),the revenue
officer shall have due regard to any proposal with regard to consideration which has the
largest measure of agreement amongst the parties, affected by it, and in making the
redistribution of lens for the purpose of the consideration, he shall see that the total area of
a holding or the profit to be derived therefrom is affected as little as possible.
2. If in preparing a scheme for the consolidation of holdings under sub-section (1),it appears to
the revenue officer that the redistribution of lens will result in allotment to any raiyats of
any parcel of Land of market value lower than the market value of his original parcel of land,
the revenue officer shall in thescheme provide for the payment of compensation to search
raiyat by the raiyat or any raiyats who, in the opinion of the revenue officer will be benefited
by the allotment of the more valuable land of the first named raiyat.
3. For the consolidation of holdings under sub-section (1), the revenue officer shall,in any case
where the land is of such a kind that the productivity of different areas may vary from year
to year, give due consideration to this set and shall attempt to preserve the balanced
character of the holdings, as far as possible, and where the plots of land exist at different
levels, he may consolidate the holdings in two or more blocks each at a different level.
4. Before confirming a scheme for the consolidation of holdings in any area under section 121
or section 123, the revenue officer shall ascertain, as far as possible, all encumbrances,
including mortgages, attached to the land situated within such area and shall issue a notice
in the prescribed manner calling upon all beneficiaries of encumbrances to declare their
interest within a date to be fixed in that behalf and it shall then be incumbent on the
persons, in whose favour search encumbrances had been created, to declare the
encumbrances before the revenue officer within the period fixed in such notice and if any
such person fails to declare such encumbrance within the side period, the encumbrance
shall ceased to be attached to any part of the land original encumbered that has not
remained with its owner after consideration.

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 5. In preparing a scheme for the consolidation of holdings under subsection (1),the revenue
officer shall see that the sum total of the rent of all holdings under the scheme is not
reduced by the distribution of the rent consequent on redistribution of the lands.
6. In conducting any proceedings for the consolidation of holdings in any case where the value
of the holding is materially changed, the revenue officer simultaneously apportion the rent
in such a way that the incidence upon the owners of holdings bears the same proportion to
the value of each holding as it did before.

When a scheme for concentration of holdings has been prepared the revenue officer shall cause a
draught of the scheme to be published in the prescribed manner and for the prescribed period and
shall consider any objections made in regard to any entry therein or omission there from during the
period of publication and shell dispose of such objections according to rules as government may
make in this behalf. After the disposal of the objection the revenue officer shall pass and order
confirming the scheme with or without modification. Any person aggrieved buy an order of the
revenue officer confirming the scheme may prepare an appeal to the prescribed superior revenue
authority. A second appeal shall lie to the board of revenue.

Under section 125, after the disposal of the appeals the revenue official record and order finally
confirming the scheme. Upon such confirmation, he shall cause the record of rights of the village or
villages to which such scheme relates to be modified in accordance with the scheme is finally
confirmed.

Every tenant affected by such scheme shall be entitled to obtain free of cost from the revenue
officer a copy of the record of right, so modified, containing the entries. When the skin has been
finally confirmed it shall take effect from the beginning of the agricultural year next after the date of
the confirmation of such scheme. Each consolidated holding shall bear single rent.

On the final confirmation of the scheme, it shall be binding on all the raiyats to which such scheme
relates. Every raiyat affected by the scheme shall be entitled to the possession of the holding allotted
to him under the scheme which effect from the date on which the scheme takes effect; and the
revenue officer may, on the application of the raiyat, put him in possession of the holding so allotted
to him. The raiyat shall have the same right in the holding allotted to him under the scheme as he
had in the original holding before search consolidation. A reference has also been made in section
129 regarding encumbrances. It provides that if the holding of a raiyat comprised within the scheme
for the consolidation of holding is immediately before the date on which such scheme takes effect,
subject to any mortgage or other encumbrances, search mortgage or other encumbrance shall, with
effect from such date, be deemed to be transferred and attached to the holding allotted to search
raiyat and there upon the mortgagee or the encumbrancer cease to have any right in the land from
which the mortgage or other encumbrance has been transferred and shall continue to have the
same rights in the holding so talented or to such part thereof as he had in the original land from
which the mortgage or other encumbrance has been transferred. On an application made by any
mortgaging or other encumbrancer, the revenue officer may put him in possession of such holding
or part thereof.

No instrument is necessary in order to give effect to transfer involved in carrying out any scheme for
consolidation of holdings. During the presidency of any proceeding under chapter 15 no person shall
transfer any land to which search preceding relate, without the previous permission of the revenue

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officer and where any such land is transferred with permission, the transferee shall be deemed to be
a party to such proceedings and shall be substituted in place of the transferor of land. On and from
the date of final publication of a scheme for consolidation of holdings, no co-sharer shall acquired by
continued position any title in a part of the holding to the execution of the other co sharers.

The cost of proceedings of the consideration of holdings shall be assessed and recovered from the
raiyats whose holdings are affected by such scheme. However, no costs shall be recoverable in
respect of any proceedings arising out of an application under subsection (1) of section 122.the
portion of the cost which a riot is liable to pay shall be recoverable by the government as an arrear
of rent due in respect of the holding of the raiyat affected by the scheme. Section 134 provides that
civil court shall entertain any application or suit concerning any matter relating to consolidation of
holdings of a raiyat.

These are the procedure of applying for consolidation and making such an application admitted.

Answer to the question number 5:

Doctrine of Rule against perpetuity:

There are people who want to retain their property in their own families from generation to
generation. But to further the aim of capitalist society, free and frequent circulation of property is
important and the policy of the law is to prevent the creation of such perpetuity. Section 14 of the
Transfer of Property Act, 1882 is the main provision of the law that allows the materialization of this
policy. This section provides that-

No transfer of property can operate to create an interest which is to take effect after the lifetime of
one or more persons living at the day of transfer and the minority of some person who shall be in
existence at the expiration of that period, and to whom, if he attains full age, the interest created is
to belong.

Perpetuity may arise in two ways:

1. By taking away the power of alienation from the transferor

2. By creating a remote interest in the future property.

A condition restraining that transferee’s power of alienation is void as per Section 10 of the Act and
a disposition to create a future remote interest in the prohibited under Section 14 of the Act.

Doctrine of Cypress:

Cypress means ‘near to it’. Doctrine of Cypress is a principle of law that supports the following
meaning:

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Where a clear charitable intention is expressed, it will not be permitted to fail because the mode, if
specified, cannot be executed, but the law will substitute another mode Cypress that is as near as
possible to the mode is specified by the donor.

Section 18 and 26 of the Transfer of Property Act, 1882 in corporate in themselves the doctrine of

Cypress. This doctrine is one of the Cardinal rules governing execution of charitable trusts that the
intention of the donor must be observed and the Cypress principal has been evolved as an auxiliary
to the rule and is never allowed to defeat it.

The principle on which the doctrine of Cypress rests is that the court treats charity in the abstract is
the substance of the gift and the particular disposition as the mode, so that in the eye of the court
the gift notwithstanding that the particular disposition may not be capable of execution subsist as a
legacy which never fails and cannot Lapse. If the intention cannot be executed literally, another
mode may be adopted consistent with the general intention of the author.

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