Colourful Transactions: A Legal Analysis of Section 96 of the State Acquisition and Tenancy Act, 1950.
Colourful Transactions: A Legal Analysis of Section 96 of the State Acquisition and Tenancy Act, 1950. *Nazmul Hasan, Judge at Bangladesh Judicial Service. A “colourful transaction” in the context of Section 96 of the State Acquisition and Tenancy Act, 1950 of Bangladesh, refers to a transfer of land that is disguised as something other than a sale in order to defeat the right of pre-emption. This term is a judicial creation, not explicitly defined in the law itself, but it's a concept that has been widely recognized and applied by the courts to ensure the integrity of the pre-emption right. The Legal Framework: Section 96 SAT Act, 1950 Section 96 provides a right of pre-emption to co-sharers of a property. This right allows a co-sharer to purchase a portion or share of a holding that has been sold to a third party ( a stranger ). The primary purpose of this law is to prevent strangers from intruding into a co-owned property, thereby maintaining peace and harmony amo...