Court : Mumbai
Reported in : 1982(1)BomCR619
..... 1 further pleads that it was recovered back through court proceedings and being an inam land was regranted to him by the collector under the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955. ..... shri paranjpe did not dispute that if it is found that the saranjam tenure was to the joint family, then on abolition of saranjams by the provisions of bombay merged territories and area (jagirs abolition) act, 1953, the incidents of impartibility ceases to have any application and the lands are available for partition even though they have been granted in the name of defendant no. ..... 28 to 32 are agricultural lands situated at village khainapur in athani taluka of belgaum district in the state of karnataka and it is not open for the civil court in the state of maharashtra to pass a decree for partition in respect of this land shri paranjpe submits that in paragraph 5 of the plaint, the plaintiff stated that certain saranjam and inami lands of the joint family are situated at village mandaginal in ..... it is not possible to accept the submission or shri paranjpe that the courts in state of maharashtra are not entitled to pass a decree for partition in respect of the land situated outside the state. ..... shri paranjpe submits that there was no occasion for the plaintiff to include the land at khainapur which is also outside the state of maharashtra in the present suit. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1988Bom149
..... the defendants were also in joint possession of the same.the trial court held that the plaintiff was in possession of the suit lands but it also held that after the abovementioned inam abolition act of 1955, the lands ceased to be impartible lands. ..... the plaintiff was in possession of the lands by virtue of the rule of primogeniture.later on the inams stood abolished by virtue of merged territories miscellaneous 'alienations abolition act, 1955. ..... the other one reported in : [1984]3scr484 , relates to an inam abolition act passed in the state of madhya pradesh, but i may state here itself that the provisions of both the statutes are more or less identical and ..... reported in : [1982]3scr341 , arose out of the litigation in relation to an inam abolition act in the state of maharashtra itself. ..... purporting to follow these judgments, the learned judge has held that the abolition of inam had not effect upon the impartible character of the suit property nor upon the succession by the plaintiff to the property by the rule ..... ) of this court, reported in : (1972)74bomlr290 and held that upon abolition of the inam, the joint family characters of the suit lands were restored to their dormant features of ..... the plaintiff he paid the occupancy price as per the provisions of inam act and according to it the lands were regranted to him by the ..... the original vatandar in whose favour the inam was given by the relevant vathukums had (sic) within the suit lands of impartible character, inheritable only by .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ALLMR549; 2004(3)MhLj609
..... question which was referred and the full bench has considered this aspect in following way:'when an alienation like the service inam in this case was a grant to a family in the name of senior member and the same is abolished, whether the provisions of section 4 of the bombay merged territories miscellaneous alienation abolition act, 1955 extinguish the ordinary rights and incidents in respect of such alienation under the person law of the parties?the full bench considered ..... the full bench was dealing with the provisions of the bombay merged, territories miscellaneous alienation abolition act, 1955 (hereinafter referred to as 'the bombay act') wherein similar provisions as of that act are existing in the bombay act. ..... these provisions have nothing to do with the normal rights of a member of a hindu family under the personal law applicable to hindus.provision similar to those in the act, contained in the bombay inferior village watans abolition act (act 1 of 1959) came up for consideration before malvankar, j. ..... commissioner was of the view that the reference was received by the deputy collector under section 99a of the hyderabad tenancy and agricultural lands act and in case the parties are aggrieved by the order passed by the deputy collector under the tenancy act, the parties should have approached the maharashtra revenue tribunal to challenge that order.8. ..... naik, j.1. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC112; JT1995(7)SC179; 1995(5)SCALE87; (1995)5SCC612; [1995]Supp3SCR172
..... on the abolition of the `inams' under the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955, abubakar was regarded as a watandar on re- ..... was dismissed and the cross-objections on the contrary were allowed with the result that the entire suit stood decreed, rejecting the claim of abubakar of the inam lands being personal to him and the house being in his adverse possession, maturing in his ownerships.we have heard mr. ..... there he has pleaded a duration of his having remained in exclusive possession of the house, but nowhere has he pleaded a single overt act on the basis of which it could be inferred or ascertained that from a particular point of time his possession became hostile and notorious to the complete exclusion of other heirs, and his being in ..... abubakar resisted the suit by laying claim that the landed properties which were erstwhile 'inams' became on re-grant 'personal' in his hands and therefore the other heirs of syed abdulla had ..... the prime reason for such interpretation is that the ruler while drawing up the inam initially and conferring it again on abubakar did not intend to create any distinction between his subjects, be ..... counsel for the appellant-abubakar, at great length and pointedly with regard to the nature of re-grant after the abolition of the inam. ..... the trial court partly decreed the suit against him insofar as the inam lands were concerned but dismissed the suit insofar as the house was concerned; and the lower appellate .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)141PLR656
..... other miscellaneous inams and watans was abolished under the bombay merged territories miscellaneous alienations abolition act, 1955. ..... dissatisfied with the wholly inadequate compensation assessed by the learned collector, landowners sought reference under section 18 of the act of 1894 and learned additional district judge, rohtak, vide his award dated 14.8.1987 enhanced the compensation with ..... government of haryana issued notification under section 4 of the land acquisition act, 1894 (hereinafter referred to as 'the act of 1894') on 27.3.1981 intending to acquire three bighas one biswa ..... the claimants shall also be entitled to the benefits under section 23(1)(a) of the act of 1894 as concededly, award in the present case came into being on 27.2.1984 and, thus, the claimants shall be entitled to the said relief in view of law laid down in kashiben ..... the income tax department, on the basis of two judgments, one of the full bench of bombay high court in state of maharashtra v. ..... the full bench of bombay high court, relying upon a judgment of the hon'ble ..... full bench decision of bombay high court in shrimant govindrao narayanrao ghorpade 's case (supra), in considered view of this court, would not be applicable to the facts of the present case, the land, subject-matter of acquisition in the said ..... a public purpose, namely, for construction of the income tax office, rohtak by the income tax department, the follow up declaration under section 6 of the act of 1894 came into being on 27.2.181. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... in entry 36 of list ii of the seventh schedule to the constitution must be construed as importing by necessary implication the two conditions of public purpose and payment of adequate compensation, and consequently, the mysore (personal and miscellaneous) inams abolition act, 1955, which provided for acquisition of the rights of the inamdars in inam estates in mysore state without payment of just and adequate compensation was beyond the legislative competence of the state ..... arose for determination in this case was whether the bombay taluqdari tenure abolition act, 1949 was a valid piece of ..... publication, was quashed by a high court, under article 226 of the constitution, despite the presidential order under article 359 of the constitution, on the ground that there was no condition at all in the bombay conditions of detention order, 1951, authorising the government of maharashtra to prohibit the publication of a book of purely scientific interest just because the petitioner happened to be detained under the defence of india rules, 1962 ..... high court also considered the interpretation and validity of section 16a, sub-section (9) of the maintenance of internal security act, 1971 and while the rajasthan high court accepted the interpretation of that sub-section canvassed on behalf of the government and upheld its validity even on that interpretation, the nagpur bench of the bombay high court held the sub-section to be valid by reading it down so as not to exclude the power .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD398; 2003(1)ALT182
..... (telangana area) inams abolition act, 1955 (for short 'the inams act') and the name of the society was recorded in the revenue ..... area) abolition of inams act, 1955, all the inams, to which the said act is made applicable shall be deemed to have been abolished and the inam land shall ..... the mandal revenue officer for the following reasons: firstly, the land purchased by the petitioner-societyis not a land falling within the meaning of the term 'land' as defined under the ror act, that the land purchased by the petitioners is for the purpose of non-agricultural use, and that kapra village has been included in the list of villages covered by the master plan for ..... of seven judges in kesavlal was followed by a two judge bench of the apex court in bai hiragauri, which arose under the bombay rent act, 1947, and it was held as under.where the appellate decree has become final under the unamended section 29(2) of the bombay rent act, it cannot be set aside in exercise of the jurisdiction under the amended section 29(2), the amendment having been made long after the ..... considered the scope of revisional power of the commissioner under section 65 read with section 21 of bombay revenue code, which provided that the order can be revised at any time by the commissioner. ..... while this was pending, bombay rents, hotel and lodging houses rentcontrol act, 1947 was amended by gujarat act 18 of 1965 substituting section 29(2) which provided that the high court may suo motu call for the records and revise the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD644; 1998(6)ALT277
..... then ex.b63 is the notice issued by the tahsildar under the inams abolition act on 21-1-1976. ..... :'the respondent having purchased property from the inamdar claiming title under ex.b9, whose grant is invalid as the succession was traced to ex.b6 from persons who arc not holding any valid atiyat grant by the date act x of 1952 came intoforce, no title has passed to him under ex.b40, and consequently we hold the rival title set up by him is not true and valid and we record the finding in negative on issue ..... pratap reddy, learned advocate appearing in support of the writ petition strenuously contended that the sine qua non for taking cognizance of the matter by the special court under the act is that there must be an activity of grabbing the land and since there is no grabbing or illegal possession of land by the petitioner, question of the special court entertaining the matter or having any authority or jurisdiction does not and ..... pratap reddy, learned advocate appearing in support of the petitioner contended that as a matter of fact, there is no categorical finding of the special court as regards the issue whether the land is an inam land and if not whether it forms part of the excluded 42 bighas or whether it was a part of the land allegedly reserved by the sarfekhas minister and moaziz committee. ..... ex.b35 dated 29-11-1955 is a petition by one of the sharers of niyamathuttah shah maktha showing all sharers. ..... ex.b41, dated 18-7-1955 is the permission obtained for raising fence. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR3650; 1999(6)KarLJ497
..... son of naga reddy deshmukh, resident of madana taluk, gulbarga district had filed an application before the special tahsildar, inam abolition, gulbarga, for registration as occupant under section 8(1) of the act, 1955, claiming occupancy rights of inam lands in several survey numbers of adaki village including lands in sy. no. ..... the recommendation made by special tahsildar, inam abolition, bidar, after holding anappropriate enquiry, the special deputy commissioner for inam abolition, gulbarga division, by his order dated 30-9-1961, has registered the name of sri chandrashekar reddy-5th respondent herein as a 'non-protected tenant' under section 8(1) of the act, 1955 subject to the payment of premium ..... 1978, 5th respondent was registered as occupant of the land under hyderabad inams abolition act. ..... , he had not filed any application before the competent authorities to register his name as 'non-protected tenant' of the aforesaid lands as required under hyderabad abolition of inams act, 1955 (the 'act', for short).3. ..... the supreme court in the case of maharashtra state road transport corporation v balwant regular motor service amravati and others , was pleased to observe:'now the doctrine of laches in court of equity is not an ..... venkateswaran, collector of customs, bombay v ramchand sobhraj wadhwani and another, was pleased to observe that the complete lack of jurisdiction in any officer or authority to take the impugned action would be a good ground not to insist on the exhaustion of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(3)ALT531
..... area) abolition of inams act, 1955 (act viii of 1955), referred hereinafter as the inams abolition act. ..... after the inam vested in the government on 20-7-1955 under the inams abolition act. ..... was disposed of by this court on 18-11-1977 observing that grant of patta under section 38-e of the tenancy act would be subject to the orders passed under the inams abolition act the orders were passed under the inams abolition act by the competent authority i.e. ..... reversed it disagreeing with the reasons advanced by the second respondent, upoeld the claim of the appellants and remanded the matter to the second respondent to reconsider the claim of the respondents under the inams abolition act for grant of occupancy rights as successors in interest, obviously, of late narsa goud. ..... land revenue has been defined in section 2 (f) of the inams abolition act as the amount assessed by the government under the land revenue act, 1317 fasli and the rules thereunder and where no such amount has been assessed, the amount of the land revenue that could be reasonably assessed if the land had been liable to payment of ..... the appellants were not entitled to get benefit of section 7 of the inams abolition act, unless they were in cultivating possession of the lands on 1-11-1973. ..... stated that the application for declaration as occupants under section 7 of the inams abolition act was made by them some time in the year 1975. ..... the act itself stipulated two dates of vesting which was noticed in state of maharashtra .....
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