Judgment Search Results Home > Cases Phrase: abolition of cash grants act 1967 15 of 1967 section 3 application of act Page 4 of about 1,653 results (0.203 seconds)

Air Foam Industries (P) Ltd., New Delhi and anr. Vs. Union of India an ...

Court : Delhi

Reported in : 10(1974)DLT120

..... in this case was concerned with the question whether the madhya pradesh abolition of cash grants act of 1963 was ultra virus the provisions of the constitution. ..... inasmuch as the compensation provided was not considered to be adequate and the abolition of the cash grants in these circumstances was held to amount to the state appropriating to itself the property of others which is not within its hand it was held that the statute was ultra ..... in the supreme court the finding of the high court that cash grant was property within the meaning of that expression in articles 19(1)(f) and 31 of the constitution ..... the impugned act abolished the cash grants which the respondents were entitled to receive from the government of madhya pradesh but provided for the payment of certain compensation ..... feature which must be kept in mind is that a mandamus or a writ, order or direction in the nature of mandamus may be issued as a consequential relief when a particular order or act of public or statutory authority is struck down but is ordinarily not issued solely directing the state or any other authority or corporation or person to refund money (see suganmal v. ..... second relief sought by the petitioners amounts to filing of an execution application to enforce the order passed by our brother avadh behari. j ..... to work out the power conferred under section 12 of the act for sale of tendu leaves a scheme was formulated for the whole of the state as contained in ..... 885-893 of 1967, union of india ..... november 22, 1967. .....

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

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. .....

Ramchandra Maroti and ors. Vs. the Collector (Land Acquisition Officer ...

Court : Mumbai

Reported in : AIR1975Bom281

..... in the said case the provisions of madhya pradesh abolition of cash grants act were challenged on the ground that they violate the rights of the respondents in the said case under articles 19(1)(f) and 31 of the constitution of india ..... the said provisions were mainly challenged on the grounds that the abolition of the cash grants would augment the resources of the state but that cannot be considered as a public purposes under article 31(2) of the constitution of india and in that context it was observed by the supreme court that by providing for the payment ..... of 1970 in addition to the other contentions raised, the petitioner has contended that the application for abandoning the land filed by petitioner under section 68 of the act has been rejected by the trust without giving any opportunity of being heard. ..... this application various documents were sent to the government and thereafter the government has sanctioned the said scheme vide government resolution dated 4-3-1967. ..... petitioner in this behalf has filed two application dated 29-12-1967 and 6-3-1963. ..... trust had passed a resolution sanctioning a lay-out in respect of 12 acres of land only and an agreement was drawn accordingly on 2-1-1967. ..... the petition it is contended by petitioners that the improvement trust has abandoned some land belonging to one abdullabhal, though it was comprised in the scheme vide agreement dated 2.1.1967.21. ..... said scheme was duly sanctioned by the government vide government resolution dated 4.3.1967. 7. .....

Haryana Shakti College of Education Vs. Directorate of Higher Educatio ...

Court : Delhi

..... regulations; (3) on receipt of an application by the regional committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall,--(a) if it ..... every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by ..... concerned state government and recognized by the appropriate statutory authority , wherever applicable, for the subjects and courses of study for which affiliation is being sought it would thus be seen that this is a mandatory requirement of the statute of the university that a college/institution seeking affiliation to the university must have been granted noc by the concerned state government.5. section 14 of ncte act, to the extent, it is relevant, reads as under:14(1) .....

Ramji Dixit and anr. Vs. Bhrigunath and ors.

Court : Allahabad

Reported in : AIR1965All1

..... in the united provinces agricultural tenants (acquisition of privileges) act, 1949, any declaration granted under section 6 of the said act in favour of a tenant to whom sub-section (2) of section 10 applies, shall be and is hereby cancelled and the amount, deposited by him under sections 3 or 6 of the said act shall, after deducting the amount which might have been paid or be payable by the state government to his land-holder under sections 7 and 8 of the said act, be refunded to the person entitled in such manner as ..... khudkasht land before the abolition of zamindari, became a bhumidhar thereof under section 18 of the zamindari abolition and land reforms act (hereinbelow called the act) and then made a gift of it in favour of the respondents; in second appeal 2421 the widow of a hindu inherited land which he held as a tenant before the abolition of zamindari, became a sirdar thereof under section 19 of the act, then acquired bhumidhari rights in the land under sections 134 and 137 of the act and thereafter sold it ..... where a female, who has before the abolition of zamindari inherited the sir and khudkasht or fixed-rate tenancy, or exproprietary tenancy or occupancy tenancy in avadh or tenancy on special terms in avadh, dies, the holding shall, if she was in accordance with the personal law applicable to her entitled to a life-estate only in it, devolve on the nearest surviving heir of the last male intermediary or tenant in accordance with section 171; two, if she was entitled to .....

Karam Chand Thapar and Bros. Ltd. Vs. Dr. Vijay Anand and ors.

Court : Allahabad

Reported in : AIR1952All699

..... then it is argued that as the object of the act according to the preamble is 'to prevent eviction of tenants' from accommodation, so much of section 3 of the act as empowers the district magistrate to grant permission for the institution of ejectment suits is void and it should not be given effect to ..... 4th july, 1951 passed by the additional district magistrate shows that he found that 'prima facie' the lease had expired on the 31st may 1951 and having regard to the fact that with the abolition of zamindari the landlord's income was likely to be diminished very much he should be given an opportunity to augment it by taking to petrol business. ..... if in these circumstances, the permission was granted to the landlord to sue the applicant for ejectment, it cannot be said that any discrimination has been made by the district ..... temporary) control of rent and eviction act, 1947, (hereinafter referred to as the act) for permission to file a suit in the civil court against the applicants for their eviction. ..... a decision by the additional district magistrate whether or not the applicants were entitled to continue in the premises under the terms of the lease after the 31st may, 1951 would have been of no value ..... the applicants raised an objection before the district magistrate to the grant of ..... the present case, however, the additional district magistrate has written an order covering two manuscript pages and learned counsel for the applicants has criticised that order to show its unreasonableness. .....

Dattatraya Sadashiv Dhond Vs. Ganpati Ranghu Gaoli

Court : Mumbai

Reported in : (1965)67BOMLR521; 1965MhLJ881

..... (4) whether the inamdar is entitled to the rights of an occupant under sections 5 or 6 of the hyderabad abolition, of inams and cash grants act, 1954, as, the case may be, if in the application for possession made by him under the hyderabad tenancy and agricultural lands act-(a) a final order for possession had been made in his favour before july 1,1960,(b) an order for possession had been made before july 1, 1960, but against which an appeal or revision or other proceeding in a superior court ..... these three applications raise questions relating to the interpretation of the provisions of the hyderabad abolition of inams and cash grants act, 1954, hereinafter referred to as the act. ..... (3) whether in order to be entitled to the rights of an occupant under sections 5 or 6 of the hyderabad abolition of inams and cash grants act, as the ease may be, the inamdar or other person should have been, in possession of the land on july 20, 1955, or july 1, 1960? ..... sub-section (2) of section 1 of the act states that it shall be applicable to all inams except-(i) inams held by or for the benefit of charitable and religious institutions;(ii) inams held for rendering village service useful to the government or to the village community including sethsendhi, neeradi and balutha inams.sub-section (2a) provides that on the coming into force of the hyderabad abolition of inams (amendment) act, 1959, this act shall apply also to cash grants and inams of the nature of community service inams and watans. .....

Nagnathappa Vs. Shrinivas and anr.

Court : Mumbai

Reported in : AIR1976Bom372; 1976MhLJ465

..... inams were abolished on 1st july 1960 under the hyderabad abolition of inams and cash grants act, 1954 (hereinafter called as the 'hyderabad abolition of inams act'). ..... there is no dispute that section 6 of the hyderabad abolition of inams act is applicable to the facts of this ..... also urged that nagnathappa was a tenant of the inamdar and he was in constructive possession of the suit land inasmuch as it is he who had granted sub-least to srinivas and, therefore, srinivas's possession could be deemed to be his possession and that it is not necessary for the purposes of section 6 of the hyderabad abolition of inams act that the person claiming occupancy right should be in actual possession. mr. ..... possession were enough for the purposes of the grant of the occupancy rights under clause (a) of sub-section (1) of section 6 of the hyderabad abolition of inams act then both the inamdar and his tenant could be held to be in possession of the land and would, therefore, be entitled for the grant of occupancy rights. ..... the word 'tenant' has been defined in clause (j) of sub-section (1) of section 2 of the hyderabad abolition of inams act which reads: ''tenant' means a tenant as defined in the hyderabad tenancy and agricultural lands act, 1950, and includes a protected tenant but does not include a ..... provisions of the sections of the tenancy act defining 'tenant' are, therefore, applicable under the hyderabad inam act even if the hyderabad tenancy act is not applicable to service inam lands .....

Shaikh Omar Shaikhlal Vs. Mohammadji Madarji

Court : Mumbai

Reported in : (1965)67BOMLR815; 1966MhLJ55

..... sub-section (2a) provides that on the coming into force of the hyderabad abolition of inams (amendment) act, 1959 (july 1, 1960) the act shall apply also to cash grants and inams of the nature of community service inams ..... coming into force of the hyderabad abolition of inams and cash grants act. ..... for rendering which the grant was made was a service to be rendered to a section of the muslim community. ..... sub-section (2) of section 1 of the act states that it shall be applicable to all inams except (i) inams held by or for the benefit of charitable and religious institutions and (ii) inams held for rendering village service useful to the government or to the village community including sethsendhi, neeradi ..... the muntkhab which was issued about 1916 shows that the grant had been made to saroji kondaji and four other persons on condition of rendering service which is ..... the expression 'community service inam' is defined in sub-section (1) of section 2 to mean an inam held for performing service useful to the village community and includes an inam held for such service even where such service has ceased to ..... was abolished with effect from july 1, 1960, under sub-section (2a) of section 1 of the act.6. ..... as the lands in the present case were granted as inam not to any society or organization but to five individuals and as the present holders of the inam are also some individuals, the inam cannot be said to have been held by or for the benefit of ..... being challenged before us in this application.2. .....

Daleep Singh and ors. Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : AIR1983Bom356

..... venkatasingh, : air1972bom369 , wherein it is observed that the function of making a quasi judicial decision like the one under section 2-a of the hyderabad abolition of inams and cash grants act, 1954, cannot be delegated to another person or authority in the absence of statutory provision authorising such delegation. ..... thus the power to appoint an enquiry officer or a tribunal under section 14 (4) of the ceiling act can be said to be a power of the governor to appoint a desk officer and the governor in exercise of his poser under clause (3) of article 166 can allocated such function to the minister or any other authorised person to carry ..... to hold an enquiry under section 14 (4) of the ceiling act, even assuming that the authentication made in the name of the governor is proper or valid. ..... section 14(4) of the maharashtra agricultural lands (ceilings on holdings) amended act, 1961 (hereinafter referred to as 'the ceiling act') lays down that where a person or family unit holds land in two or more districts of the same division, the enquiry shall be held by the collector whom the commissioner may, by order in writing, ..... section 3(60) of the general clause act, 1897, defines 'state government' as follows:--'(a) ... ... ... ... ... (b) ... ... ... ... ..... is submitted that there must be an order passed by the state government appointing an enquiry officer as provided by that section of the ceiling act. ..... emphasised the words 'state governor' used in section 14 (4) of the ceiling act. .....