Court : Supreme Court of India
Reported in : AIR1971SC1678; (1969)3SCC1; [1970]2SCR566
..... 16. in krishna prasad's case [1962] supp.3 s.c.r.562 the question that arose for consideration was whether under the bihar land reforms act, 1950 (hereinafter called the bihar act) it was open to a mortgagee-decree, holder of an estate which had vested in the state to levy execution personally against the mortgagor by attachment ..... collector were stayed till 1954 in view of the contemplated legislation for abolition of zamindari, the uttar pradesh zamindari abolition and land reforms act, 1950 (u.p. act 1 of 1951) (hereinafter referred to as the abolition act), and the appellant's estate vested on july 1, 1952 in the state by virtue of the notification issued under section 4 ..... court to realise the amounts due to it by proceeding against the rights of the judgment-debtor as remained in him after the coming into force of the abolition act. one of the rights of the judgment-debtor which were sought to be proceeded against was the bhumidhari rights created under section 18 of the abolition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC226; (1980)1SCC185; [1980]1SCR650
..... would be a tenant holding over if requirements of section 116 of the transfer of property act are satisfied. however, on the date of expiry of contractual tenancy the west bengal premises rent control temporary provisions) act, 1950, was in force and was applicable to the premises and, therefore, on the determination of contractual tenancy by ..... on 31st august 1953 and thereafter the tenant continued in possession, it became a statutory tenant under the west bengal premises rent control (temporary provisions) act, 1950. if thereafter an ineffective attempt was made to enter into a fresh contract of tenancy the status of the appellant as tenant did not undergo any ..... judge, howrah. in august 1953 appellant company as lessee filed an application before the rent controller under the west bengal premises rent control (temporary provisions) act, 1950, for fixation of standard rent of the demised premises. ultimately the parties arrived at a compromise and the consent terms were filed in t.s. no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2001(9)SC231; 2001(6)SCALE667; (2002)1SCC33
..... government has decided to acquire such evacuee property in pursuance of this section. a reference to r.14(6) of the rules made under the administration of evacuee property act, 1950, will also be useful in this context. under that rule the custodian has no power to make any order after july 22, 1952 cancelling or varying the allotments ..... of tribal riots followed by regular pakistani aggression in the state were called refugees/displaced persons in the main land of jammu and kashmir and the muslims who were forced to become the prey of the communal holocaust were termed as evacuees.3. to protect the provide for the administration of the properties, left over by the evacuees ..... locus standi to file such a petition. it appears that the learned single judge ignored earlier judgments of the same high court in tej ram v. custodian general and ors. air 1967 j & k 8 and matwal singh & ors. v. hon'ble minister incharge evacuee property deptt. & ors. 1990 j&k; lr 303. rejecting such an objection, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC313; JT2009(15)SC48; 2009(14)SCALE337; 2009(10)LC5121(SC):2009AIRSCW7395:2009(2)LHSC908
..... 17. in n. srinivasa rao v. special court under the a.p. land grabbing (prohibition) act and ors. : air 2006 sc 3691, this court considered the scope of section 47 of the act, 1950. though the said section has been omitted vide amendment act 1969 but as the transfer in the said case had been prior to the said date of ..... in those sections, has been fulfilled, such persons have become protected tenants. once a person becomes a protected tenant, he earns a qualification to become an owner by force of the statute. on the issue of surrender of rights, the full bench held that if a tenant had voluntarily surrendered his rights prior to 4.2.1954 ( ..... - ownership of lands held by protected tenants to stand transferred them from a notified date: (1) notwithstanding anything in this chapter or any law for the time being in force or any custom, usage, judgment, decree, contract or grant to the contrary, the government may, by notification in the andhra pradesh gazette, declare in respect of any area .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2005)10SCC760; 2005(2)LC945(SC)
..... in its written statement a plea was raised that the jurisdiction of the civil court was barred in terms of section 80 of the bpt act contending:'4. in view of provisions of bombay public trusts act, 1950. the question whether or not a trust of particular property is the property of such trust, is to be decided exclusively by the deputy ..... once a decision is arrived at, having regard to the nature of the claim as also the reliefs sought for, that civil court has no jurisdiction, section 26 per force will have no application whatsoever.83. we may at this stage notice the decisions relied upon by the learned counsel for the parties.84. in state of madras v. ..... history which has been traced in paragraph 1 of the plaint. paragraph 2 speaks of registration of the church under the societies registration act in the year 1944 and registered under bpt act after the same came into force.43. it has been averred that the resolution of the brethren church affirmed that c.n.i. would be deemed to be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC375; 20(1954)CLT1(SC); [1954]1SCR1
..... other points, expressed, in a separate judgment of his own, his suspicion about the bona fides of the orissa agricultural income-tax (second amendment) act, 1950, and he was inclined to hold that though ostensibly it was a taxation measure, it was in substance nothing else but a colourable device to cut ..... be an ingredient in the assessment of compensation. but here the agricultural income-tax (amendment) act was passed in august, 1950. it came into force immediately thereafter and agricultural income-tax was realised on the basis of the amended act in the following year. it was, therefore, an existing liability in 1952, when the ..... estates abolition act came into force. it may be that many of the people belonging to the higher income group did disappear as a result of the estates abolition act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC158; [1954]25ITR58(SC); [1954]1SCR541
..... v. burah (5 i.a. 178.) apply in full force. the observations in the australian case, to which reference has been made, seem to us to go too far and cannot be accepted as sound constitutional doctrine. 16. nor can it be said, in strictness, that the finance act, 1950, is retroactive legislation. that act, as already noticed, purports by section 2 to charge ..... from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this state.' 5. the constitution of india then came into force on january 26, 1950. it repealed the government of india act, 1935, including section 101 thereof, and brought all the part b states, including rajasthan, within the union of india, incorporating .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC12; (1957)IILLJ696SC; [1958]1SCR442
..... to the government of india on february 22, 1952, for recovery of money under s. 20(1) of the industrial disputes (appellate tribunal) act, 1950 (hereinafter referred to as 'the act') to which he received a reply on may 13, 1952, stating that an application for recovery of money under that section could be entertained only ..... not replied to the same. the respondent further contended that the award in question was in force for only one year under s. 19(3) of the industrial disputes act, 1947, and that the same was therefore no longer in force and the respondent had already terminated the same. the claim of the appellant was therefore ..... what relief or compensation in lieu of reinstatement the petitioner was entitled in the peculiar circumstances in which bharat bank ceased functioning soon after the award of december, 1950, and in the light of various other applications of other employees in which only retrenchment relief was awarded. on the first two questions the industrial tribunal held .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC198; [1964]53ITR158(SC); 1964MhLJ435(SC); [1964]7SCR838
..... ' in clause (c) of sub-r. (2) of r. 2 of schedule i to the madhya pradesh abolition of proprietary rights (estate, mahals, alienated lands) act, 1950 (m.p. act no. 1 of 1951), hereinafter called the act, includes super-tax. 2. the facts are as follows : the respondent was the zamindar or bhadra estate in balaghat district of madhya pradesh. his estate was ..... known as bahela zamindari consisting of 78 villages. the act came into force on january 26, 1951. under the act the proprietary rights of zamindary vested in the state and he became entitled to compensation in respect of the said rights in the said villages under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC909; [1965]57ITR784(SC); [1965]2SCR29
..... state government as a resultof the notification under section 4 of the uttar pradesh zamindari abolitionand land reforms act, 1950 (act i of 1951), and of tax on agricultural incomeassessed under the u.p. agricultural income tax act, 1948 (u.p. act iii of1949), due from an intermediary for any period prior to the date of vestingshall be realized ..... notification is published in the state gazette,notwithstanding anything contained in any contract or document or in any otherlaw for the time being in force and save as otherwise provided in the act, theconsequences set out in section 6, from the beginning of the date of vestingensue in the area to which the notification relates. by ..... ch. iv, provides that compensation payable underthe act shall be given in cash or in bonds, or partly in cash and partly inbonds as may be prescribed. under section 26 read with section 6(d), rule 8-awas framed by the state government. that rule, which came into force fromaugust 17, 1954, provides : 'without .....
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