Judgment Search Results Home > Cases Phrase: bombay hereditary offices act 1874 maharashtra Page 1 of about 704 results (0.178 seconds)

Sadashiv Dada Patil Vs. Purushottam Onkar Patil (D) by Lrs.

Court : Supreme Court of India

Reported in : JT2006(9)SC64; 2006(10)SCALE21; (2006)11SCC161

..... at its findings, inter alia, opined that as appellant did not exercise the remedy of eviction of tenant available under the bombay hereditary offices act, 1874 (for short, the '1874 act') he was neither entitled for re-grant of the land in question under the 1962 act nor was he entitled to seek possession thereof.9. mr. ..... maharashtra enacted the maharashtra revenue patels (abolition of office) act, 1962 (for short, 'the 1962 act ..... possession of the lands:provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the mamlatdar or by the collector in appeal or in revision by the maharashtra revenue tribunal under the provisions of this act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. ..... by servants, or by hired labour, or through tenants.explanation ii - in the case of a joint family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family.section 31 of the tenancy act empowers a landlord to terminate a tenancy after giving notice and making an application for possession as provided for in sub-section (2) thereof, if the same is required by him, inter alia, for cultivating purposes. ..... amended by maharashtra act ix of ..... the maharashtra revenue tribunal was thereafter approached by appellant herein by filing a revision application which was ..... yaval in the district of jalgaon, state of maharashtra.3. .....

Rangnath Dashrath Vadar Since Deceased Through Heirs Kalavati Rangnath ...

Court : Mumbai

Reported in : 2003(1)ALLMR1142; 2003(3)BomCR18; 2003(2)MhLj381

..... act deals with hereditary offices created by the bombay hereditary offices act, 1874. ..... the provision of the code and rules relating to unalienated land shall, subject to the provisions of this act, apply to the suit land; provided that in respect of the watan land which was not assigned under the existing watan law as the remuneration of the inferior village hereditary office, an occupancy price equal to the amount of the full assessment of such land shall be paid ..... a court or in the existing watan law, with effect on and from the appointed date, (1) all inferior village watans shall be and are hereby abolished, (2) all incidents (including the right to hold office and watan property, the right to levy customary fees or perquisites in money or in kind, and the liability to render service) appertaining to the said watans shall be and are hereby extinguished, (3) subject to ..... maharashtra revenue tribunal has confirmed the orders by which the purchase of the land in question by the petitioner-tenant has been declared ineffective and the land has been directed to be disposed of under the provisions of section 32p of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as the 'bombay tenancy act ..... tenant of agricultural lands, challenges the order of the maharashtra revenue tribunal dated 1-1-1987 by which that tribunal has ..... in the present case, the maharashtra revenue tribunal while upholding the orders of the courts below has gone half-way and held that there is .....

Shri Pradeeprao @ Virgonda Shivgonda Patil, Minor by Guardian, Smt. Sh ...

Court : Mumbai

Reported in : 2004(3)MhLj75

..... as to whether the provisions of section 320 of the tenancy act had any application to the tenancy created prior to the tillers day in respect of watan lands which was governed by the provisions of bombay hereditary offices act, 1874. ..... land, and shall be primarily liable to pay land revenue to the state government in accordance with the provisions of that code and rules relating to unalienated land shall, subject to the provisions of this act, apply to such land:provided that, in respect of any watan land, which was not assigned under the existing watan law as remuneration of an officiator, occupancy price equal to six times the ..... within the meaning of the maharashtra revenue patels (abolition of offices) act, 1962 (hereinafter referred to as 'the abolition act'). ..... advert to rule 3 of the maharashtra revenue patels (abolition of offices) rules, 1963 framed under the provisions of the abolition act. ..... december 1965 was sufficient compliance so as to treat there-grant having been made in favour of the landlord by operation of law under section 5 of the abolition act was to be accepted, even so, it will have to be presumed that the lease in respect of the suit land between the landlord and tenant commenced from ..... constitution of india takes exception to the judgment and order passed by the maharashtra revenue tribunal at camp kolhapur dated 18th december 1987 in revision no.mrt-kp-62/1985 ..... , matter was taken in revision before the maharashtra revenue tribunal and which came to be dismissed .....

Parsha and ors. Vs. Lagmya Shan and ors.

Court : Mumbai

Reported in : (1889)ILR13Bom83

..... ' the latter case was one under section 25 of the act, which has no immediate bearing on the present case, as it does not apply to hereditary offices of lower degree than patel or kulkarni (see section 3 of the act). ..... , shows that section 18, as much as section 25, excludes by direct implication any right on the part of the civil courts to declare that persons are eligible to serve as hereditary officers under the act. ..... they do not seek to establish their right generally to be recognized as mahars, from whose number the collector could, under section 18 of bombay act iii of 1874, select, according to the procedure thereby provided, the persons liable to perform the duties; in which case the principle of the decision in ramchandra dabholkar y. ..... in this suit the plaintiffs claim as vatandar mahars of certain villages, the right to receive the aya relating to their office, as against defendants nos. ..... the suit is, therefore, barred by section 18 of the act, the clear intention of which is to leave such a matter to be defined, on an application being duly made to the collector in that behalf, by the panchayat appointed under the section. ..... section 64 of the act, moreover, empowers the collector to determine the right and duties of vatandars independently of any control by the civil court. .....

Dattaraya Keshav Deshpande Vs. Laxuman Chimnaji Ranjane

Court : Mumbai

Reported in : AIR1921Bom37; (1921)23BOMLR561

..... . the order of the collector is clearly an order within section 4(a), third paragraph, of the bombay revenue jurisdiction act, and therefore the jurisdiction of this court to consider whether that order should stand or should be set aside has been ousted ..... under section 11 relates, or assess it at the rate prescribel in clause 2 of section 9, as he may think fit and the said property shall thenceforward revert to the vatan.3. section 9 deals with the alienation of vatan property before the act came into force ..... he found that the miras patras were alienations under section 5 of the vatan act without sanction of government and declared them null and void under the powers given him by section 11 of the vatan act. ..... yamunabai died in 1908 and then the plaintiff made an application to the collector under section 11 of the vatan act.2. .....

Laxman Purshottam Pimputkar Vs. State of Bombay and ors.

Court : Supreme Court of India

Reported in : AIR1964SC436; (1964)66BOMLR129; [1964]1SCR200

..... the bombay hereditary offices act, 1874 (iii of 1874) the person who actually performs the duty of a hereditary office for ..... exceptions hereinafter appearing, no civil court shall exercise jurisdiction as to any of the following matters : (a) claims against the government relating to any property appertaining to the office of any hereditary officer appointed or recognised under bombay act no. ..... section 79 provides that the state government may call for and examine the record of the proceedings of any officer for the purpose of satisfying itself as to the legality or property of any order passed and may reverse or modify the order as it seem fit or if ..... it is settled law that the civil courts have the power and jurisdiction to consider and decide whether a tribunal of limited jurisdiction has acted within the ambit of the powers conferred upon it by the statute to which it owes its existence or whether it has transgressed the ..... concluding the above passage he observed : 'it is therefore clear that franklin's case is based upon the interpretation of the provisions of that act and particularly on the ground that the object of the enquiry is to further inform the mind of the minister and not to consider any ..... first of whom was the state of bombay, (now maharashtra) on various grounds. ..... dispute are these : the plaintiff's family are grantees of the patilki watan of some villages in umbergaon taluka of the thana district of maharashtra, including the villages of solsumbha, maroli and vavji. .....

The Government of Bombay Vs. Ganpat Manohar Kulkarni

Court : Mumbai

Reported in : AIR1939Bom398; (1939)41BOMLR772

..... letters patent appeal is whether the widow of a deceased watandar whose name has been entered as representative watandar is a holder of the watan within the meaning of section 15 of the bombay hereditary offices act so that she is competent to enter into an agreement for commutation of services under that section.2. ..... that the widow of a representative watandar holding an interest in watan property for the term of her life or until her re-marriage is not a 'holder' within the meaning of that term in section 15 of the hereditary offices act. ..... on the special terms of the agreement made with laxmibai at the time of the adoption of a son by her, nor on the fact that she had adopted a son, but on the provisions of act v of 1886 by which the interest of a widow succeeding to a watan is limited to the term of her life or until her marriage. ..... the only definition of the word 'holder' in the watan act is contained in clause (4) of section 15 which is as follows:the word 'holder' for the purposes of this section includes any sole owner or the whole number of joint owners or any person dealt with as ..... considerable force in the argument of the learned advocate for the respondent that a widow, who has only a life interest in the property as provided in act v of 1886, cannot properly be described as an owner of the property.12. ..... holding an interest in watan property for the term of her life or until her marriage is not a ' holder' within the meaning of that term in section 15 of act iii of 1874.9. .....

Vijaysingrao Balasaheb Shinde Desai Vs. Janardanrao Narayanrao Shinde ...

Court : Mumbai

Reported in : AIR1949Bom314; (1949)51BOMLR556

..... answer to the question referred to the full bench should be that a person who acquires watan property or has hereditary interest in it without acquiring the watan office and without being under any obligation to perform the service attached to the office is a watandar within the meaning of the watan act, 1874. ..... watan act the watan properly so called consists of the watan property, if any, and the hereditary office and the rights and privileges attached to them, and 'watandar' means a person having an hereditary interest ..... act defines a representative watandar as a watandar registered by the collector under section 25 as having a right to perform the duties of hereditary office, and therefore the act itself clearly makes a distinction between a watandar who may merely possess watan property and a watandar who not only possesses watan property but also has the right to perform the duties of the office. ..... to mean a person having an hereditary interest in the watan property and the hereditary office, it would appear somewhat redundant to provide by clause (b) of sub-section (2) of section 5 that it would not be competent to a representative watandar to alienate any right with which he is invested, as such, under this act. ..... there would be no point in providing special protection for watan property unless the watan property was held by a person who was also entitled to hold the hereditary office, that, however, does not appear to be strictly consistent with the provisions of the watan act. .....

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

..... exemption award under the bombay district municipal act, 1873, section 81, or the bombay hereditary offices act, 1874, section 18. ..... of an arbitrator expeditiously, is by declaring that while proceeding with the section 11 application, the high court must impound the instrument which has not borne stamp duty and hand it over to the authority under the maharashtra stamp act, who will then decide issues qua payment of stamp duty and penalty (if any) as expeditiously as possible, and preferably within a period of 45 days from the date on which the authority receives the instrument. ..... it was held : that the words for any purpose in section 35 of the stamp act, should be given their natural meaning and effect and would include a collateral purpose (and that) an unstamped partition deed cannot be used to corroborate the oral evidence for the purposes of determining even the factum of partition as distinct from its terms.5.5 section 41(1) of the maharashtra stamp act, 1958 provides that after the instrument is duly stamped, it would be endorsed by the .....

Ganpat Tatyaba Khadtale Vs. Smt. Ushabai Bhimrao Chavan and Others

Court : Mumbai

Reported in : 1998(1)BomCR595

..... tahsildar niphad, considering the application filed by the petitioner under section 59 of the maharashtra land revenue code, has rightly passed the order and even when the petitioner has challenged the order of the collector, nasik by preferring the revision application, the additional commissioner, on going through the record of the case and on considering the provisions of bombay hereditary offices act, 1827 has set aside the order of the collector, nasik and restored the ..... he submitted that considering the provisions of section 7 of the bombay hereditary offices act, the said land should not be transferred to others except by prior permission of the competent authority. ..... we have perused the orders passed by the authorities as well as the order passed by the officer on special duty, as well as the provisions of the bombay hereditary offices act, 1827 and bombay inferior village watan abolition act. ..... as per the section 7 of the bombay hereditary offices act, the said suit land could not be transferred to others except by prior permission of the competent authority. ..... application, learned additional commissioner has observed in para 4 of his judgment as under :---'perusal of the record in this case show that the suit land was held by the father of the present applicant as watandar under the bombay hereditary offices act. ..... sawant also took us through the certain provisions of the maharashtra land revenue code and the provisions of the hereditary offices act, 1827. .....