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State of Bihar and anr. Vs. Maharaja Pratap Singh Bahadur

Court : Supreme Court of India

Subject : Civil

Acts : Constitution of India - Article 226; Bihar Land Reforms Act, 1950 - Sections 2, 3, 3(1), 3A, 4, 23(1), 24A(1); Bihar Land Reforms (Amendment) Act, 1953 - Sections 2, 2A, 4 and 24A

Reported in : AIR1969SC164; 1968(16)BLJR973; [1968]3SCR734

the writ application shows that cess was deducted from the malikana. Under secs. 5 and 421 of the Cess Act., 1880 cess is charged on immovable property and is payable by the holder of an estate or tenure or … his Law Relating to the Land Tenures of Lower Bengal, pp. 144, 147, 269, said that the proprietors of the soil in Bihar universally claimed … 1958. The State of Bihar has filed this appeal on a certificate granted by the High Court. 3. Section 2 of the Bihar Land Reforms Act is the definition section. Section 2(i) defines an estate to mean

Raja Satya Niranjan Chakra Barty and ors. Vs. Abrahim Mandal and ors.

Court : Kolkata

Subject : Tenancy

Reported in : AIR1926Cal1069,95Ind.Cas.843

limitation applicable in an ordinary suit. The matter turns upon the construction of Section 64 A of the Cess Act, IX of 1880. That section provides that all sums due to the holder of any estate or tenure … v. Banimadhub Chatterjee 24 C. 27 : 12 Ind. Dec. (N. S.) 683, which was a case under Section 147 of the Cess Act. It w&s; there held that although the procedure for the realisation of cess may

Begg, Dunlop and Co. Vs. Jagannath Marwari

Court : Kolkata

Subject : Civil

Reported in : (1912)ILR39Cal104

Liscomb (1838) 21 Pickering 263 where the Court observed follows: 'The summoning of a trustee is like a cess in rem. A chose in action is thereby arrested 1 made to answer the debt of the principal. … the Court and the garnishee was non-resident. Similar expositions s adopted by Reno in his treatise on 'Non-residents' (Section 147), and by Waples in his monograph on 'Situs of Debt' (Section 161). The question is elaborately discussed in … be transferred, if the person against whom the decree has been passed actually and voluntarily resides within the local limits of the jurisdiction of the

Manmatha Nath Mitter and ors. Vs. Anath Bandhu Pal Self and as Executo ...

Court : Kolkata

Subject : Land Acquisition

Reported in : 50Ind.Cas.222

be levied upon such value. But having regard to the fact that under Section 20 of the Road Cess Act the landlord is precluded from suing for or recovering any rent not included in there turn no importance … of tenancy--Transfer-ability--Burden of proof--Bengal Tenancy Act (VIII B.C. of 1885), Sections 1(5), 50--Bengal Drainage Act (VI B.C. of 1880), Section 42(a)--Rent, whether includes drainage charges--Decree for rent including drainage charges, whether rent decree--Presumption under Section 50, Bengal Tenancy … of the Pattai and deed of exchange bearing seal of the Zemindar 147 Bighas 11 Cottas, rent Rs. 210-13-18.'12. The learned Subordinate Judge says that

Monmotha Nath Mitter and ors. Vs. Anath Bundhu Pal and anr.

Court : Kolkata

Subject : Land Acquisition

Reported in : 61Ind.Cas.469

was proved from 1295 it was not adverse. Plot No. 49 is also mentioned in the thoka of 1880 but as it is included in the Cess Return, the possession was not adverse.37. We must accordingly hold … held by Ramjan under the Zemindar, and is evidence against the defendant under Section 95 of the Road Cess Act. The lands entered in the Return prima facie were held by Ramjan as tenant under the Zemindar, and, … Then heading of the Return, however, runs as follows: 'In respect of 147 bigha 11 cottas of land paying the annual malguzari of Rs. 200-13-18

In Re: West Laikdih Coal Co. Ltd.

Court : Kolkata

Subject : Company

Reported in : AIR1926Cal781,96Ind.Cas.36

further or other order as the nature of the case may require.'2. Now, by Section 98 of the Cess Act (IX of 1880):Every amount due, or which may become due to any Collector under the provisions of this … High Court in England. In re Henley & Co. (1878) 9 Ch. D. 469 : 48 L.J. Ch. 147 : 39 L.T. 53 : 26 W.R. 885 a question arose similar to that which is in issue

The Secretary of State for Indian in Council by the Collector of Ganja ...

Court : Chennai

Subject : Civil

Reported in : (1913)24MLJ365

same conclusion. In no estate from the time the permanent Sanad was granted, up to 1865 when the Cess Act was passed is it the fact that the Government ever increased the land revenue--there was no law entitling … to assets-Ami, for instance, a Jaghir of ancient days. It was a complaint of the Farnine Commission in 1880 that, receiving substantial benefit from Government works, the proprietor declined to contribute and could not be compelled by … to that effect In Nairn v. University of St. Anderws (1909) A.C. 147, the House of Lords decided that such a construction is not justifiable; … decision in that case. The learned Judges therein pointed out that under Section 2 of Act III of 1905, subject to easement and natural and

Odisha State Financial Corporation versus Vigyan Chemical Industries a ...

Court : Supreme Court of India

Subject : MRTP

Reported in : [2025]9S.C.R.1

1990 SC 85] as also Kannadasan [(1996) 5 SCC 670]. Effect of the expression “immovable property” in the Cess Act, 1880 was also not brought to its notice and had the same been done, there would not have been … 5 SCR 321; Hira Lal Patni v. Kali Nath [1962] 2 SCR 147 : 1961 SCC OnLine SC 42 : AIR 1962 SC 199 : … of any privity of contract, the liability of the appellant is limited strictly to the extent contemplated under Section 29 of the S.F.C. Act, 1951 - The appellant therefore, cannot be saddled with the entire liability arising

India Trade Promotion Organization Vs. Director General of Income Tax ...

Court : Delhi

Subject : Land Acquisition

or (ii) any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the … Commissioner of Income-tax and Another:308. ITR38(Delhi). referred to the following observations:―25. Let us now examine the provisions of Section 147 as applicable to the present case. It has been pointed out above that the present case, being a … the quashing of the First Proviso to Section 2(15) of the Income-tax Act, 1961 (hereinafter referred to as ‗the said Act‘) as amended by the

A. Rajagopala Aiyar and ors. Vs. S. Ramachandra Aiyar

Court : Chennai

Subject : Property

Reported in : AIR1942Mad628; (1942)2MLJ406

was in the English form and that the appropriate article was article 147 which provides for a period of limitation of sixty years. Suits for … the view was taken that a provision in a mortgage deed requiring the mortgagor to pay 'rent, royalty, cesses, taxes, rates, assessments and impositions which now are or hereafter may be payable in respect of the said … respondent could not be regarded as a surety within the meaning of Section 126 of the Indian Contract Act, but that his case fell within the third category of the cases referred to in the judgment of