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Apr 28 1972

The Malankara Rubber and Produce Co. and ors., Etc., Etc. Vs. the Stat ...

Court : Supreme Court of India

Decided on : Apr-28-1972

Subject : Property

Acts : Kerala Land Reforms Act, 1963 -- Sections 81 and 96; Kerala Land Reforms (Amendment) Act, 1969 - Sections 80, 80-A and 81(1); Constitution of India - Articles 14, 31-A, 31-A(2) and 31-B; Kerala Land Reforms (Amendment) Act, 1964; Kerala Plantations (Additional Tax) Act, 1960 - Sections 2(6)

Reported in : AIR1972SC2027; 1972(0)KLT411(SC); (1972)2SCC492; [1973]1SCR399

teak Ac. 36-00, eucalyptus Ac. 530-00.Writ Petition No. 168/1970Petitioner owns Ac. 3888-00 of which Ac. 3000-00 are private forest and Ac. 400-00 under rubber. There are also cocoanut gardens, arecanut gardens, teak and eucalyptus plantations.Writ Petition No. … Mitter, J.1. This is a group of nine writ petitions challenging the vires of the Kerala Land Reforms Act, 1963 (Act I of 1964) as amended by the Kerala Land Reforms (Amendment) Act, 1969 (Act 35 of 1969) … kudikidippukar is not a law of acquisition within the meaning of Article 31A and as such is not entitled to proection under that Article. The … of whom he will have to transfer 10 cents of land if Section 80-A of the Act is enforced. The buildings occupied by these respondents

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Sep 18 1973

State of Kerala and anr. Vs. the Gwalior Rayon Silk Manufacturing (Wvg ...

Court : Supreme Court of India

Decided on : Sep-18-1973

Subject : Constitution

Acts : Kerala Private Forests (Vesting and Assignment) Act 1971, - Sections 10, 11 and 17; Constitution of India - Articles 31A, 31A(1) and 31A(2)

Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671

long as they remain vested in the Government, be deemed to be reserved forests constituted under the Kerala Forest Act, 1961 (4 of 1962) and the provisions of that Act shall, so far as may be, apply to … before the appointed day excluding-(A) lands which are gardens or nilams as defined in the Kerala Land Reforms Act, 1963 (1 of 1964); (B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom … 'estate' within the meaning of Article 31A(2)(a)(i) of the Constitution and since Section 10 of the impugned Act, inter alia, embodies a scheme of agrarian

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Apr 16 1999

Ashish Kumar Roy and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Apr-16-1999

Subject : Constitution

Acts : Constitution of India - Articles 14, 31A, 32, 225, 226, 227 323B(2) and 323(B)(3); ;W.B. Land Reforms and Tenancy Tribunals Act, 1997 - Sections 1, 2(4), 4, 6, 7, 8, 9, 10(3), 11, 16 and 23

Reported in : AIR1999Cal242,(1999)3CALLT466(HC)

Court reported in : [1974]1SCR671 cited by Mr. Pal in this connection was rendered on the question whether forest land held under janmam right could be acquired by State under Article 31A of the Constitution of India … this context in : [1989]2SCR687 was rendered while examining the object of enactment of Gujarat Surviving Alienations Abolition Act, 1963 as being an act for agrarian reform or not so as to bring within the purview of the … Article.(ii) The jurisdiction, power and authority of the Tribunal as mentioned in Sections 6, 7 and 8 of the Act are ultra vires Constitution of

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Nov 17 2014

Planters Forum Vs. State of Kerala

Court : Kerala

Decided on : Nov-17-2014

Subject : Land Acquisition

that petitioner's land W.P(C) No.26691 of 2010, etc. -:184. :- are lying contiguous to or encircled by reserved forest, vested forest or any other land owned by the Government does not furnish any valid reason for classification … relevant to note. The Apex Court in the said case had occasion to consider the Kerala Land Reforms Act, 1963. Section 6C was introduced with effect from 07.07.1979. W.P(C) No.26691 of 2010, etc. -:255. :- Section 74 of the … also enure to the benefit of Article 31C as well as Article 31A of the Constitution of India. The issue No.VI is answered accordingly. ISSUE

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Mar 05 2003

Kottayam Nature Society Vs. Union of India (Uoi)

Court : Kerala

Decided on : Mar-05-2003

Subject : Property

Acts : Constitution of India - Article 226; Environmental (Protection) Act, 1986 - Sections 3 and 96

Reported in : 2003(3)KLT1105

direction either by the Government or any other body'. It has been pointed out that the Department of Forest and Wild Life in association with the petitioner-society had undertaken a bird count in the year 2001 in … Still more, the land was taken over by the State under the provisions of the Kerala Land Reforms Act, 1963. It can be used only for the purposes as envisaged in S.96 and for no other. The lease … the Act was a measure of agrarian reforms. The protection of Article 31A was applicable. The decision of the Full Bench was affirmed by their … area of 49.86 acres. Reliance has been placed on the provisions of Section 96(1-A) to contend that the action is legal and valid.11. Mr. Kamala

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Jul 01 1997

Seth Srenikbhai Kasturbhai and ors. Etc. Vs. Seth Chandulal Kasturchan ...

Court : Patna

Decided on : Jul-01-1997

Subject : Civil

Acts : Trusts Act, 1882 - Sections 48; Code of Civil Procedure (CPC) , 1908 - Sections 11, 105 and 115 - Order 1, Rules 8 and 9 - Order 3, Rule 1 - Order 6, Rules 15 and 17 - Order 7, Rule 11 - Order 27, Rule 1; Specific Relief Act, 1963 - Sections 34; Bihar Land Reforms Act, 1950 - Sections 2 and 3(1); Constitution of India - Articles 14, 25, 26, 27, 31A and 226; Validation Act, 1969; Places of Worship (Special Provisions) Act, 1991 - Sections 3; Contract Act, 1872 - Sections 20, 22 and 23; Bihar Land Reforms (Amendment) Act, 1954 - Sections 4, 13 and 14(3); Forest Act - Sections 29

was after purchase came in the name of Nagar Seth Kastur Bhai of Ahmedabad. In 1948, Bihar Private Forest Act was enacted by the Government of India with a view to take over private forest and waste land … under the Bihar Land Reforms Act and that as defined under Article 31A, Clause (2) of the Constitution of India and, according to him, as … ancient building (20 tonks and shrines of Gautam Swami) were already dedicated to the common use of both sections. This contribution to the common religious buildings can create no exclusive right. Upon this short ground, their Lordship

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Aug 17 1983

Manoel Francisco Agremiro Da Conceicao Fernandes and Etc. Vs. Collecto ...

Court : Mumbai

Decided on : Aug-17-1983

Subject : Constitution

Acts : Daman (Abolition of Proprietorship of Villages) Regulation, 1962; Constitution of India (Forty-fourth Amendment) Act, 1978 - Articles 19(1), 31, 31A(1) and 300A; Constitution of India (Forty-fourth Amendment) Act, 1979

Reported in : AIR1984Bom461; 1984MhLJ144

include not every class or category of land but only lands held for purposes ancillarythereto, including waste land, forest land, land of passures or sites of buildings annd other structures occupied by cultivators of land, agricultural laboures … Goa, Daman and Diui with then had come into existence by virtue of the government of Union Territories Act, 1963 made under Art, 239A of the Constitution, enacted the Daman) (Abolition of Proprietorship of Village) Regulation (Amendment ) … and form the appointed date. A provision had been made in this section for assessing and recovering the land revenue payable in respect of such … of Art. 31f A. Relying on the definition of 'estate' in Art. 31A(2)(a) as substituted by the Constitution (Seventeenth Amendment) Act, 1964 retrospectively, it was

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Dec 24 1965

Pritam Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-24-1965

Subject : Tenancy

Acts : Tenancy Law; Pepsu Tenancy and Agricultural Lands Act, 1955; Pepsu Tenancy and Agricultural Lands (Amendment) Act, 1959 - Sections 32BB, 32FF and 32G; Constitution of India - Articles 14, 19, 31 and 31A; Hindu Law

Reported in : AIR1967P& H198; 1967CriLJ254

settlement;(iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers … Civil Writs Nos. 1635 of 1962 and 985, 1023 and 1453 of 1963 would fail. In Civil Writs Nos. 14 and 616 of 1964, besides … probe into this matter any further because Article 31A of the Constitution of India clearly saves the … the donees becoming the absolute owners of the land gifted to them. The Pepsu Tenancy and Agricultural Lands Act (Act No. 13 of 1955) hereinafter referred to as the Act received the assent of the President on … Chapter 4-A, which need be noticed for our purposes, are contained in Section 32-A, which places a ceiling on the holding of a land owner

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Mar 25 2015

S.Muhammed Ismail Vs. State of Kerala

Court : Kerala

Decided on : Mar-25-2015

Subject : Land Acquisition

covered under the said notifications was held to be a cardamom plantation under the provisions of the Private Forest Act, 1971 by the Tribunal constituted under the said Act (the details of which have already been narrated in … Acts:1. The Madras Preservation of Private Forests Act, 1949.2. The Kerala Forests Act, 1961.3. The Kerala Land Reforms Act, 1963.] in so far as plantations and private forests are concerned." 19. Chapter II of the said Act deals … the remedy of the appellant is to move the Tribunal constituted under Section 10 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) … violates several Parliamentary enactments? IV. Whether the Act is protected by Article 31A of the Constitution of India from challenge on the ground that it

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Oct 27 2023

Perunninakulam Kshethra Upadesaka Samithi vs Cochin Devaswom Board

Court : Kerala

Decided on : Oct-27-2023

was passed by the Commissioner for sanction to lease 600 acres of forest land belonging to Emoor Bhagavathy Devaswom. The said order was passed in … very vigilant in exercising the power the interest of the Devaswom should suffer. Section 10 of the Limitation Act, 1963, provides no period of limitation for a suit against a person in whom the trust property has become … P. v. State of Kerala [2023 (3) KHC 491], the role of a Temple Advisory Committee constituted under Section 31A of the Act, the activities of which are regulated by the bye-laws framed under sub-section (3) of Section

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