Court : Mumbai
Reported in : AIR1972Bom369; (1972)74BOMLR316; ILR1972Bom978; 1972MhLJ661
..... the said order memorandum and the note together are challenged in the above petition inter alia on the ground that the deciding authority under section 2 - a of the hyderabad abolition of inams and cash grants act was the minister, revenue department of the government of maharashtra and he had not heard the parties before deciding the matter; and further that the learning of the appeal by the officer on special ..... in view of this position, the above petition was adjourned twice to enable the government to file an affidavit in reply repelling the allegations of non - application of mind on the part of the deciding minister made by the petitioner and to meet the contention of the petitioner that the minister, who decided the matter, had ..... in view of this conclusion, the order communicated by the officer on special duty on february 3, 1967 and the memorandum dated february 2, 1967 referred to above must be quashed and the matter should be remitted to the government for disposing of the appeal in accordance with the law and the ..... impugned letter dated february 3, 1967, the officer on special duty informed the petitioner's advocate that the appeal filed by the petitioner on july 20, 1964 was disposed of as per government memorandum dated february 2, 1967 and a note accompanying thereto ..... the government memorandum dated february 2, 1967 is addressed to the collector of osmanabad with reference to the appeal filed by the petitioner and proceeds to decide the dispute between the petitioner .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... in ranojirao shinde's case : [1968]3scr489 dealing with a case under the madhya pradesh abolition of cash grants act 16 of 1963 it was observed that the compensation referred to in article 31(2) is a just equivalent of the ..... act, 1910, sections 6, 7 & 7a; air corporation act, 1953, sections 16 & 17; imperial bank of india act, 1920, sections 3 & 4; state bank of india act, 1955, section 6(2), (3) & (4); state bank of india (subsidiary banks) act, 1959; banking regulation act, 1949, section 36 ae; and cotton textile companies act, 1967, sections ..... the restraints inherent in the constitution on the exercise of the power to promulgate ordinance in clauses (1) & (2) of article 74; clauses (3) & (4) of article 75 and article 361, and submitted that the rule applicable to the interpretation of parliamentary statutes conferring authority upon officers of the state to act in a prescribed manner on being satisfied about the existence of certain circumstances is inept in determining the true perspective of the power of the head of the state in situations' of emergency.26. ..... in the ultimate result, support the view that the principle specified by the law for determination of compensation is beyond the pale of challenge, if it is relevant to the determination of compensation and is a recognized principle applicable in the determination of compensation for property compulsorily acquired and the principle is appropriate in determining the value of the class of property sought to be acquired. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1972Kant98; AIR1972Mys98
..... in these petitions under articles 226 and 227 of the constitution, a common question of law as to the constitutionality of the provisions of the mysore (abolition of cash grants) act, 1967. ..... in view of the definition of cash grants in section 2 (1) (b) of that act, the supreme court held that it was not possible to sever that pant of that act which provided for abolition of cash grants which persons were entitled to enforce against the state, from the remaining part of that act which might provide for abolition of cash grants which are either gratuitous or resumable. ..... section 4 of the act provides for abolition of cash grants enforceable as well as cash grants payable. ..... in our opinion, equally applicable to abolition of cash grants.61. ..... in our opinion, clearly severable from the part of that section which provides for abolition of cash grants which are merely payable. ..... the pronouncement of the supreme court in : [1968]3scr489 seems to be applicable to only that part of section 4 of the act which seeks to abolish cash grants which are enforceable. ..... all that section 7 provides is that succession to atiyat grants shall be regulated by the personal law applicable to the last holder. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1140; [1967]1SCR181
..... of the appellants and respondents 2 to 5 long before the permanent settlement by the then zamindar for public services, subject to a payment of favourable rent, that, subsequently, the services were discontinued, but the grant was continued subject to the payment of favourable rent, that at the time of the permanent settlement the said muttah was excluded from the assets of the zamindari and that, therefore, the said muttah was ..... ram reddy, learned counsel for the 1st respondent, the state of andhra pradesh, argued that the grant was subject to the payment of the full settlement, that the said assessment was paid partly in cash and partly by personal services to the zamindar, that at the time of the permanent settlement the said muttah was included in the assets of the zamindari and that, as it was a part of the zamindari, the government, even ..... after the madras estates (abolition and conversion into ryotwari) act xxvi of 1948 was passed, on september 22, 1952, by a notification issued thereunder, the government took over the jaggampeta ..... under the relevant part of the said section, the government was empowered to exclude from assets of the zamindari at the time of the permanent settlement 'lands exempt from the payment of public revenue and of all other lands paying only favourable quit ..... section would be attracted only if the suit land was part of an estate as defined under the act. ..... section 4 of regulation xxv of 1802 enabled the government to exclude from the said assets certain .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR288; 1986MhLJ833
..... after the application of the hyderabad abolition of inams and cash grants act, 1954 (hereinafter referred to as 'the inam abolition act') the said lands were declared and recorded in the names of petitioner ..... our view that lands in question are not exempted under the provisions of the hyderabad abolition of inams and cash grants act, 1954, and the lands are covered by the provisions of that act. ..... rule 3 of the rules framed under the inam abolition act is to the following effect :---period for payment of occupancy price under sections 5(2) and 6(2).the occupancy prices payable under sub-section (2) of section 5 or sub-section (2) of section shall be paid within five years from the appointed ..... the petitioners are therefore, entitled to be granted the occupancy rights under section 6 of the inam abolition act as admittedly they were tenants on the appointed ..... case, there was a dispute, than clause (b) of sub-rule (3) of rule 5 would come into play and the tahsildar was constrained make a reference under sub-section (1) of section 2-a to the competent authority namely, the deputy collector, with the direction to the parties to get the dispute decided. ..... .did not challenge the fact that the tahsildar on january 4, 1967 decided the application of the respondent no. ..... is, therefore, clear to us that in view of the order of the tahsildar, dated january 4, 1967 rejecting the application of the respondent no. ..... february 16, 1967. ..... 14 of 1967 filed by ..... 14 of 1967 against the petitioners as also .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR4242
..... . the applicants are tenants who continued in possession lawfully, even as on 1-3-1974 and they are entitled for registration of occupancy rights under section 45 of the land reforms act, notwithstanding the fact that respondent inamdar was granted occupancy rights under section 8 of the karnataka (religious and charitable) inams abolition act and accordingly allowed these applications and the applicants are granted occupancy rights in sy. no ..... and much less any manifest error in the view taken by the mrat that the temple could be registered as the occupant of the breached tank bed.sri ullal, learned counsel for the petitioner in w.p.no.1675/1967, submitted that this petitioner had purchased on 26-4-1945 an extent of land measuring 23 guntas in s.no.79 and that the special deputy commissioner and the m.r.a.t. have not considered this aspect of the case ..... tenants:- a person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not -(a) a member of the owner's family, or(b) a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family, or(c) a mortgagee in possession. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori90
..... the petitioner who has been guilty of laches in filing this writ application after 8 years of the order under section 5 (i) of the orissa estates abolition act and after 4 years of making of the award has again shown lack of vigilance in moving the petition for amendment and to allow it now would be a great hardship to the opposite parties ..... here, annexure-4, was passed in the year 1962 and the award (annexure-6) was made in the year 1967 and the petitioner remained quiescent till 23-6-1971 and he has offered no explanation for this delay in coming to court ..... 5 on 15-3-1967 and award was made on 30-3-1967 under section 11 of the central act under which compensation was allowed at the rate of rs ..... (e) both the impugned orders having been passed in 1962 and 1967 and the petitioner having come to this court after long delay without explaining the same, he should not be permitted to invoke the extraordinary jurisdiction of this court ..... in this case the notice was served on 15-3-1967 which was apparently more than 30 days. ..... 1,10,478.01 inclusive of interest upto 31-3-1967 and in fact on 15-12-1970, a sum of rs ..... 10/5 of 58-59 (case number given in prayer portion being wrong) on 31-3-1967 in favour of opposite party no. ..... we shall be grateful if you will kindly allow us to make this deposit on or before 31-7-1967 according to our convenience. ..... 5 was dismissed on 8-11-1967 on the findingthat in view of the passing of the award the suit was not maintainable ..... 478.01 inclusive of interest upto 31-3-1967. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori135
..... if the appellate authority comes to the conclusion that there was no permission in writing as required in law, the petitioner's application is to be dismissed as she would not become an intermediary to maintain an application under section 7 of the orissa estates abolition act even though she might be found to be in khas possession on the date of vesting.24. ..... on the aforesaid analysis, the two bench decisions of this court referred to in paragraph 2 of this judgment correctly laid down the law that the provision in the control order debarring women to inherit brahmottar grant is inconsistent with section 4(1)(b) of the hindu succession act and had ceased to have effect.but in those two cases the control order had not been produced and had not been fully examined in' all its perspective and the ultimate ..... .by the control order it was considered expedient to define the conditions of enioyment and transfer of lakhrai and other similar tenures.clause 3 of the control order prescribes that 'lakhrai' includes similar other tenures held under grant made by the ruler of the state for the benefit of the grantee and his descendants.clause 8 runs thus :--'notwithstanding any provision contained in any regulation or order relating to the transferability of tenures in general, no lakhrai ..... 21 of 1967(orissa) as follows :-- 'the learned advocate for the petitioner did not produce a copy of the lakharai control order, 1937 which was amended on 7th june ..... 21 of 1967 (orissa), shvama sundar sarangi v .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori199
..... in 1lr (1974) cut 909 : (air 1975 orissa 139) (supra) service tenures for rendering service to a person or a family under section 235 (i) of the act is grant in lieu of rent where in absence of rendering service the service holder shall not be liable for eviction but the grantor shall be entitled to collect fair rent whereas in respect of grant burdened with rendering service to religious or charitable institution or for the public in general or for the government, the tenant shall ..... upon such determination of the cash-rent the incident of said tenure shall be regulated by the provisions of this act applicable to land held by an occupancy raiyat notwithstanding anything contained thereunder: provided that if the service is rendered to a religious or charitable institution and not to a person or a family; or if the service is for the public in general, or for the government the holder of such a service-tenure shall not have the benefit of this section. ..... jadu sethi and others) where it has been held that deshahata jagir is granted to a person for service to a community and not to the exintermediary and accordingly, there is no scope for any tenancy right under section 8( i) of the orissa estates abolition act. in s. a. ..... in the decisions of this court in (1967) 33 cut lt 725, air 1967 orissa 86) and (1955) 21 cut lt 254 (bhikari benera v. ..... he also relied upon the decision reported in (1967) 33 cut lt 725 : (air 1967 orissa 86) (bineswar giri v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD548; 2007(6)ALT647
..... to which the hyderabad abolition of cash grants act, 1952 (xxxiii of 1952) is not applicable;(v) cash grants temporarily continued under the hyderabad abolition of cash grants act, 1952 (xxxiii of 1952);(vi) in the case of cash grants abolished under the hyderabad abolition of cash grants act, 1952 (xxxiii of 1952), subject to payment of compensation, the compensation ..... in section 2(1)(b), which reads as under:'atiyat grants' mean: (i) in the case of jagirs abolished under the hyderabad (abolition of jagirs) regulation, 1358 fasli (lxix of 1358 f), the commutation sums payable in respect thereof under the hyderabad jagirs (commutation) regulation, 1359 f (xxv of 1359 fasli);(ii) inams to which the hyderabad abolition of inams act 1954 (viii of 1955) is not applicable;(iii) in the case of inams abolished under the hyderabad abolition of inams act, 1954 (viii of 1955), the compensation payable under that act;(iv) cash grants ..... state (1970) ilr 1151) wherein the vires of section 38 e of andhra pradesh (telangana area) tenancy and agricultural lands act (xxi of 1950) and the validity of delegation of powers to issue g.o.ms.no.1081, revenue, dated 30-10-1967 was challenged. .....
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