Court : Supreme Court of India
Reported in : AIR1973SC2415; (1973)2SCC506; [1974]1SCR299; 1973(5)LC771(SC)
..... respondents filed two applications before the additional collector, nasik, under section 7 of the bombay bhil naik inam abolition act, 1955, (hereinafter called the act) for compensation. ..... question for consideration in these appeals in whether the high court was right in holding that the respondents, who were inamdars, were entitled to compensation on the abolition of the bhil naik inams under the provisions of section 7(1) of the act.3. ..... of 1953 decided by the bombay high court and referred to in the judgment under appeal, the question related to bhil naik inam. ..... section 2 of the act defines 'bhil naik inam'; bhil naik inam' means the grant of a village or land for service useful to government on political considerations in accordance with the terms and conditions specified in government resolution in the revenue department ..... the object of the act was to abolish the bhil naik inams held for service useful to government on political ..... section 4 states that all bhil naik inams shall be deemed to have been abolished and that any liability to render service and all other incidents appertaining to such inams are extinguished and that all inam villages and inam lands are resumed and shall be deemed to be subject to the payment of ..... two appeals, by certificate, are directed against the common judgment of the high court quashing the orders passed by the maharashtra revenue tribunal.2. ..... respondents filed two appeals against the awards, but they were confirmed by the maharashtra revenue tribunal. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj242; (1968)0GLR486
..... second category consists of the remaining land tenure abolition acts and since they are many, we will mention only a few of them, namely, the bombay maleki merged territories (ankadia tenure abolition) act, 1953, the bombay merged territories matadari tenure abolition act, 1953 and the bombay bhil naik inams abolition act, 1955. ..... first category consists of the bombay talukdari tenure abolition act, 1949, the bombay merged territories (baroda mulgiras) tenure abolition act, 1953 and the bombay merged territories miscellaneous alienation abolition act, 1955. ..... by the bombay land tenure abolition (amendment) act, 1958, all these land tenure abolition acts were amended and a section was introduced in each of these land tenure abolition acts requiring the previous approval of the collector, the commissioner or the state government depending on the amount awarded, before an award could be made by the collector and providing that the award shall be in the form prescribed in section 26 of the land acquisition act, 1894. ..... short but interesting question of law which arises in this petition is whether the collector is entitled to make an award under section 13 and 14 of the bombay merged territories and areas (jagirs abolition) act, 1953, (hereinafter referred to as the act) without the previous approval of the state government. ..... jagir was admittedly a proprietary jagir and it was so held by an order dated 17th november 1955 passed by the jagir abolition officer under section 2 (4) of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR4242
..... as stated earlier, the mysore religious and charitable inams abolition act, 1955 came into force with effect from 1-4-1959. ..... submission, in our opinion, holds good only in respect of the mysore (personal and miscellaneous) inams abolition act, 1954 and not in respect of the mysore (religious and charitable) inams abolition act, 1955. ..... have been in unlawful possession cannot claim the status of deemed tenant and further the land tribunal cannot, in view of section 141 of the land reforms act, in the guise of exercising its jurisdiction under the land reforms act for, granting occupancy rights reopen the questions concluded by the findings recorded in the proceedings arising under any of the enactments repealed by the land reforms act, one of which is the mysore religious and charitable inams abolition act, 1955.13. ..... the additional special deputy commissioner had, by his order dated 10-7-1964, registered the lands in dispute in favour of shree dharmarayaswamy temple (hereinafter referred to as the temple) under section 8 of the mysore (religious and charitable) inams abolition act, 1955 (hereinafter referred to as the act). ..... of the acts mentioned in schedule iii was the mysore (religious and charitable) inams abolition act, 1955. ..... former state of mysore enacted the mysore (religious and charitable) inams abolition act, 1955. ..... the karnataka village officers abolition act, 1961 and the bombay pargana and kulkarni watans (abolition) act 1950 were inserted in schedule ii by act 6 of 1970. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP116
..... he submits further that radhamma, the widow of the inamdar having been found to be in possession even prior to 1953 in the sethwar proceedings, was entitled to continue in possession, notwithstanding the abolition of inams under the inams abolition act, 1955. ..... counsel submits that the fact that she was the successor in interest of the inamdar did not divest her of her possession by operation of the inams abolition act, 1955. ..... and 8870 of 1981 operate as res judicata and the learned single judge could not have considered the matter afresh, particularly in relation to the rights of the appellants by reason of the date of vesting under the inams abolition act, 1955. ..... the learned single judge found that those findings were entered on the assumption that whole of the inam abolition act had come into force on 20-7-1955. ..... , state of maharashtra : air1971sc1859 and mohd. ..... s.85a of the bombay tenancy and agricultural lands act (act 67 of 1948) barred the jurisdiction of the civil court to try a suit involving a dispute whether a person was a permanent tenant or a protected tenant. ..... narayan hari naik, : [1993]2scr1015 which dealt with the effect of the amendment to goa, daman and diu agricultural tenancy act, 1964, with effect from 20th april, 1976, denying jurisdiction to civil courts to decide a question whether a person was a tenant or deemed tenant and left it to be decided exclusively by a mamlatdar. .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(1)BomCR52
..... of section 37 of the bombay land revenue code which was in existence on the data when inam abolition act came into force have been practically reproduced in section 7 of the inam abolition act, but significantly enough no provision corresponding to provision of section 48 of the new land revenue code had been incorporated, by suitable amendment in the old bombay revenue code before the advent of the inam abolition act nor has it been incorporated in any part of the said inam abolition act. ..... inam was abolished by virtue of the bombay personal inam abolition act 1952, which came into force with effect from 1-8-1955 ..... thus seen that the government itself took the stand :---(a) that the land in question was stone mine;(b) that the inamdar's right pertaining to the stone made remained unaffected under the inam abolition act;(c) that the inamdar was held not entitled to any compensation in connection with the stone mine because the property in the stone mine continued with the inamdar.it was presumably in this ..... relating to ownership of the mineral deposits being with the government saw light of the day at least in the state of maharashtra for the first time in other year 1966 by virtue of the new land revenue code. ..... next contention urged by naik did not detain ..... naik cannot be accepted.no other contention was urged before ..... naik is that only an area of 6 gunthas was ..... naik, the learned assistant government pleader appearing on behalf of the government, contended that the decree passed by .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1985Bom336; 1985(2)BomCR94; (1985)87BOMLR101
..... other miscellaneous inams and watans were abolished under the bombay merged territories miscellaneous alienations abolition act, 1955 (hereinafter referred to as the '1955-act'). ..... the bombay paragana and kulkarni watans abolition act and also under the bombay merged territories miscellaneous alienations abolition act. ..... of the owner to alienate at the time of the acquisition be taken to be a material factor in assessing combination payable on an acquisition under the land acquisition act, the amount of compensation would be different according as the property at the time of the acquisition belonged to a hindu widow or a full owner.... ..... supreme court was as to whether the impartible estate of the joint hindu family would be the exclusive and individual property of the holder of that estate, or whether on abolition of inam the property is liable to be partitioned. ..... it is also material to note that the relaxation against alienation and partition was possible under the tenancy act on payment of 20 times the assessment if the land is used for agricultural purpose or 50% of the market value if the land is ..... amazing result that, if a man had acquired land at a low price, because it was subject to a covenant not to build upon it, nevertheless if the land was acquired under the land acquisition act, he would be entitled to claim the market value, although that market value be based on its value as a building site. ..... maharashtra ..... case of state of maharashtra v. j.r. ..... of maharashtra v ..... of maharashtra v .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1754; 2003(2)ALLMR(SC)1126; 2003(1)CTC621; JT2003(2)SC226; (2003)2MLJ118(SC); 2003(2)SCALE352; (2003)3SCC552; [2003]2SCR203
..... the aforesaid two judges and three judges bench decisions of this court, it has been held that erstwhile inam or watan lands held by the senior most member of the family through lineal descendant on the rule of primogeniture, on abolition of inamdari or watandari under the provisions of bombay pargana and kulkarni watans abolition act (60 of 1950) and thereafter by the bombay inferior village watans abolition act, 1958, after re-grant of those categories of land to the watandar or inamdar, become partible properties ..... the evidence of pedigree relied by the first appellate court and the high court is relevant and admissible to prove relationship under section 30 (5) and section 50 of the evidence act.learned counsel appearing for the appellants then urged that the courts below ought to have dismissed the suit for partition on the ground that it was barred by limitation as the predecessors-in- ..... predecessors-in-title of the defendants pursuant to the order of regency court on 30th march, 1945 as watandar cannot be held to be adverse to the other members of the family after the abolition of inams and watans and regrant of those lands to the watandar. ..... kolhapur in the state of maharashtra. ..... of law in the decision of three judges bench in the case of annasaheb bapusaheb patil (supra) :-"the lineal primogeniture regulating succession to the estate cannot prevail under section 4 of 1955 act, as being nothing more than incidents of the watan which stand abrogated by section 4 of that act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007(1)KAR1034; 2007(2)KCCRSN97; 2007(3)AIRKarR71(DB)
..... before the land tribunal in respect of the lands in question within the prescribed time and therefore the rights of the inamdars upon the same did not extinguish as stated under section 10(3) sub-clause-(ii)(b) of the inams abolition act and the lands were absolutely vested in the state government and therefore the same were not available for disposal, therefore the sanction and grant orders passed by both the state government and ..... he further submitted that by virtue of the order granting occupancy rights in favour of inamdars to register them as occupants of the lands in question pursuant to the abolition of inam lands under the inams abolition act of 1954, fresh right, title and interest was conferred upon the inamdars which legal position is laid down by the division bench decision of this court reported in 1977(1) k.l.j 389 (muniyallappa ..... lands in question did not vest absolutely with the state government as mentioned in sub-clause (ii)(b) of sub-section (3) of section 10 of the inams abolition act of 1954, but vesting of the lands in question was subject to the rights of the inamdars to claim occupancy rights by them under section 9 of the act and determination of their rights under section 10 of the act by the land tribunal as provided in the statute, therefore the statutory rights of the inamdars conferred by the state legislature in respect ..... and 1955 scr 777 (the state of bombay v. ..... martho), : [1996]1scr293 (state of maharashtra v. ..... : [1996]1scr293 (state of maharashtra v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(1)BomCR291
..... it is necessary to mention the question as to rights of the heirs of the inamdars in such property abolished as a result of the inam abolition act had come before some judges of this court. ..... the inams came to be abolish in the year 1955 under the provision of the bombay merged territories miscellaneous alienation act, 1955 (hereinafter referred to as 'the act'). ..... it, however, may be made clear as been made in the full bench judgment in date's case that this partition is subject to the collector's sanction in terms of section 7(3) of the abolition act does not permit petitioner on the reported property without permission of the collector. ..... 291 of 1968 that the said view runs counter to the ratio of the full bench judgment and ration of full bench judgment was applicable to the inams in kolhapur state in the same manner as it applies to several other inams which came to be abolished under several abolition enactments of the bombay and maharashtra legislature.5. mr. ..... their title was not extinguished by the time, the inam character of the property had to come to an end and rule of primogeniture ceased to be applicable to such property with abolition of inam and impartibility thereof. ..... suit no doubt, was filed long after the expiry of 12 years from the date of abolition of inam. ..... the only point that was urged before the learned assistant judge was whether plaintiff's right can be said to have been extinguished because of the abolition of the inams.2. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj149
..... 1951 which held that the claim for compensation filed by the petitioner in respect of the extinguishment of a grant in his favour fell under section 15 of the bombay merged territories and miscellaneous alienations abolition act, 1955, (hereinafter referred to as the miscellaneous alienations abolition act) and for a mandamus directing the state of gujarat to continue to pay to the petitioner and his descendants the sum of rs. ..... bombay enacted the bombay personal inams abolition act ..... 1955, the bombay state enacted the miscellaneous alienations abolition act, 1956, and that act came into force as from angust 1, 1955 ..... the purview of the miscellaneous alienations abolition act, 1955. ..... if the alienation was continuable for the life time of the alienee, a sum equal to three times the amount of such land revenue, shall be paid to the alienee as compensation for the abolition of the alienation sub-section (2) of section 14 provides that the amount of land revenue shall be the amount received or due to the alienee on account of assignment of land revenue for the year ..... that in view of article 294(b) of the constitution and in view of the fact that the holder was given a sanad when his inam was recognised, it was not open to the state to enact a law which would in any way vary the terms of the sanad. ..... meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and shall also include any jagir, inam or muafi or other similar grant... .....
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