Court : Madhya Pradesh
Reported in : AIR1960MP86
..... with the rights of ex-proprietors under the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (i of 1951), and clause (b) of section 2 of the act provides for adopting the meaning of any expression, used or explained but not defined therein, as assigned to it in certain other acts including the central provinces tenancy act, 1920, it is argued that the definition of 'agriculture' in the tenancy act of 1920 ought to be taken into account. ..... the central provinces tenancy act, 1920, 'agriculture' includes-'(a) the raising of annual or periodical crops and garden produce; (b) horticulture; (c) the planting and upkeep of orchards; and (d) the preserving of land for fodder, grazing, thatching grass;' and, in my opinion, the word 'agriculture' having been used in this specific sense in the central provinces tenancy act, 1920, it would be necessary to understand the word 'agricultural practice' in the central provinces land revenue act, 1917 in the same ..... quite aware that dictionaries are not to be taken as authoritative exponents of the meaning of words used in acts of parliament, but it is a well known rule of courts of law that words should be taken to be used in their ordinary sense, and we are therefore sent for ..... the land revenue act, 1917, do not throw any light on the question whether the etymological or the wider meaning of agriculture should be adopted, it is permissible to look to the repealed act for light upon the ..... 1940) nag 34: (air 1940 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H1
..... it is not necessary to consider any more cases pointing out the essential characteristics of 'fee' in contradistinction to 'tax', as the specific question whether fee levied under the agricultural produce markets act is 'fee' or tax' has been considered in some cases which are binding on this court and a reference to them may now be made.27. ..... to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law ao made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state:'provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to amending, varying or repealing the law so made by the legis ..... prior thereto, by an order dated april 2, 1970,' the board then existing was abolished and the abolition of that board was challenged by the petitioners of that writ petition. ..... tax recovered by public authority invariably goes into the consolidated fund which ultimately is utilised for all public purposes, whereas a cess levied by way of fee is not intended to be and does not become, a part of the consolidated fund. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD91; 2000(3)ALT703
..... a corporation aggregate has been defined as a collection of individuals united into one body under a special denomination, having perpetual succession under an artificial form, and vested by the policy of the law with the capacity of acting in several respects as an individual, particularly of taking and granting property, of contracting obligations and of suing and being sued, of enjoying privileges and immunities in common, and of exercising a variety of political rights, ..... of a charitable institution or which was given, endowed or used as of a right for any charitable purpose shall be deemed to be a charitable endowmentwithin the meaning of this definition, notwithstanding that before or after the commencement of this act, the charitable institution has ceased to exist or ceased to be used for any charitable purpose or the charity has ceased to be performed.explanation ii:--any inam granted to a service holder or to an employee of a charitable institution for ..... subba reddy's case (supra) insofar as it purports to apply section 75 of the endowments act, 1987 in order to negate the claim of the lessee in that case does not lay down the correct land and we further clarify that the provisions of the tenancy act do apply to the leases of the agricultural lands belonging to or held by the charitable institutions/ endowments, we shall not be understood to have expressed any view as regards the ..... abolition and land reforms act as 'lawfully ..... 1966 act was repealed by the act of 1987.but .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom436; ILR1977Bom2598; 1977MhLJ463
..... sub-section (2), on which long discussion proceeded runs as follows :'for the removal of doubts it is hereby declared that nothing contained in this act shall be deemed to affect the provision of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceiling or for the devolution of tenancy rights in respect of such holdings. ..... keeping probably this distinction in view apparently in all the states the phrase 'devolution of tenancy rights in respect of agricultural holdings' as appearing in section 4(2) of the hindu succession act was incorporated to speak about the second class of cases where the persons were on land as tenants.16. mr. ..... it is chapter xiv which now stands repealed bv the bombay tenancy and agricultural lands (vidarbha region and kutch area act. ..... he contended that after the year 1951 proprietary rights in agricultural lands almost in any form came to be abolished and on the background of such abolition the word 'tenure holder' appearing in section 151 of the m. p. ..... it may be that the tenancy act came to be repealed by the code but that may be due to the very comprehensive recent tenancy legislation. ..... that provided for 'tenants' and obviously the repealing act elaborately provides for the status and the character of tenants. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2078; JT1995(4)SC42; 1995(2)SCALE858; 1995Supp(2)SCC394; [1995]3SCR622; 1995(2)LC487(SC)
..... of the provisions both of clauses (1) and (3) (b) of article 372 of the constitution, therefore, the state legislature being the competent legislature to enact such law could repeal or amend the grants act or any of its provisions including section 3 thereof. ..... if the scheme of the amended principal act is examined, it would appear that the act has been passed to provide for abolition of the thekedari system in government estates and the 'government estate' has been defined in the principal act to mean land owned by the state government in uttar pradesh which indicates that the act is intended to deal with government lands ..... read with entry 18 of list ii of the seventh schedule gives power to the state legislature to make law with regard to rights in or over land, land tenures including the relation of landlord and tenant and the collection of rents, transfer and alienation of agricultural land; land improvement and agricultural loans; colonization. ..... the provisions of section 3 of the said act the amendment added a proviso to the said section which stated that nothing in the said section shall prevent, or be deemed ever to have prevented, the effect of any enactment relating to the acquisition of property, land reforms or the imposition of ceiling on agricultural land.3. ..... possession of the leased land, the lessee lala khushi ram is alleged to have spent moneys to clear the jungle and level the uneven terrain and develop the land for agriculture.in the year 1959, the state of u.p. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1741; 49(1980)CLT112(SC); 1979CriLJ1324; (1979)4SCC552; [1979]3SCR320
..... ) takes a new land for cultivation he will be liable under the law and be subjected to the payment of the usual rent.the lease was acted upon and while it was in force, the orissa estates abolition act, 1951 (hereinafter called the abolition act) was promulgated. ..... and the state; (hh) 'intermediary interest' means an estate or any rights or interest therein held or owned by or vested in an intermediary and any reference to 'state' in this act shall be construed as including a reference to 'intermediary interest' also; (j) 'khas possession' used with reference to the possession of an intermediary of any land used for agricultural or horticultural purposes, means the possession of such intermediary by cultivating such land or carrying on horticultural operations thereon himself with his own stock or by his own ..... or in any other capacity less than thirty-three acres of land in total extent situated within the state,(c) lands used for agricultural or horticultural purposes and in possession of a mortgagee, which immediately before the execution of the mortgage bond were in khas possession of such intermediary,..shall, notwithstanding anything contained in this act, be deemed to be settled by the state government with such intermediary and with all the shareholders owning the estate and such intermediary .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... the question arose whether the legislature, by a side-wind, without suitably amending the inams abolition act, as interpreted by the high court, or repealing it, could directly nullify the said law laid by the court and divest, under section 76 of the act, the vested right and declare that the land was not covered by said ryotwari patta or shall not be transferred or shall be deemed never to have been transferred thereunder and would treat such persons ..... gupta, learned counsel, would urge that in view of entry 18, list-ii of the 7th schedule of constitution of india, the state has power to acquire non-agricultural lands and thus this court cannot go into the policy decision of the state inasmuch as unless the legislation is held to be a colourable legislation and/or fraud on the constitution, the court has no power to strike ..... if all the judges of the supreme court in solemn session sit and deliberate for half a year to produce a legislation for reducing glaring economic inequality their genius will let them down if the essay is to avoid even ..... considered the provision of the said act and various decisions of the supreme court of india, the apex court held:-'therefore, all things which are capable of producing wealth for the community would be material ..... printed in italics.it also quoted from sanjeev coke manufacturing co's case reported in : [1983]1scr1000 to the effect :-'material resources of the community means all things which are capable of producing wealth for the community. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC562
..... director of consolidation, bareilly camp at shahjahanpur and others, was dismissed by this court in its judgment dated 7.11.2001 holding that the consolidation courts had rightly held that after notification under section 20 of the forest act the rights, if any of any tenure holder came to an end and the objection raised before the consolidation authorities were rightly rejected but the counsel for the petitioners has submitted that the submission ..... it was argued, with reference to the preambles of the two enactments and article 254 of the constitution, that while the central act provides for the conservation of forests, the vesting act provides for their destruction with a view to put them to agricultural use, and that in the light of the subsequent central enactment on a concurrent subject, the earlier state enactment should be deemed to have been repealed. ..... zamindari abolition and land reforms act was enacted to provide for the abolition of the zamindari system which involves intermediaries between the tiller of the soil and the state in uttar pradesh and for the acquisition of their rights, title and interest, and to reform the law relating to land tenure consequent upon such abolition and acquisition and to make provision for other matters connected therewith.26. ..... the forest act, 1927, was enacted to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timer and other forest-produce. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC666; (1998)2UPLBEC886
..... together to obtain, in the name of the society land in circle, by purchase, lease or otherwise ; form a society with the object of jointly using such land for any purpose connected with agriculture, horticulture, sericulture, or animal husbandry which includes piggery, pisciculture and poultry farming or for the development of any cottage industry subsidiary to any such purpose along with such purpose, such society (to be ..... societies in general under this act, the co-operative farming societies shall be entitled to such other concessions, facilities and priorities as may be prescribed and these may, amongst others, include the following : (a) reduction in land revenue ; (b) reduction in irrigation charges, taxes by local bodies and sales tax on the purchases of diesel oil, petrol and mobil-oil, for agricultural purposes; (c) priority in the ..... of rule 15 of the bye-laws of a co-operative farming society shall provide for- (i) the contribution of land, funds and other property by members, their valuation and adjustment; (ii) the remuneration and wages to be paid to members working on the /arm of the society ; (iii) the payment of expenses and other dues of the farm of the society ; (iv) the distribution of the produce of the society ; and ..... zamindari abolition and land reforms act, 1950, make a testamentary disposition of ..... (5) all cesses, local rates, rent or land revenue payable by a member of co-operative farming society, in respect of the land held by the society under sub-section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All323
..... . tempted by the prevailing high prices of agricultural produce during the second world war the landlord took the fullest advantage of these interpretations and filed a huge number of suits for the ejectment of tenants and subtenants under section 171, with a ..... . such suits could not be filed by the landlords because apart from the fact that their rights had become extinct with the abolition of zamindari, they could not be treated to be the landholders of the petitioners inasmuch as the latter were liable to pay rent to the opposite parties nos, 4 to 9 and no rent was payable to the landlords ..... 344 : 'therefore those trespassers, who had completed two years of possession before they were ejected under the law as it prevailed before the commencement of act x of 1947, would be entitled to retain possession after their reinstatement,on a proper construction it would be apparent that what the bench really meant to lay down was not to record the date of actual dispossession as the ..... . of cases disposed of.number in which ejectment actually ordered.area in acres from which ejectment actuallytook place.1939-4014,6066.179 4,819,98 1940-4143,75234 671 55,254.61 1941-4217,07514,886 24,052.68 1942-4312,90710,833 18,240.09 1943-4445,45131,062 25,793.19 total .1,33,09197,631 12 81.60.55 3,11,584 ..... . the starting point of limitation for a suit under section 180 was july 1, 1940 and the suit was filed on 7th february, 1942, thus the suit was filed within two years from the date of the .....
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