Judgment Search Results Home > Cases Phrase: bombay hereditary offices act 1874 maharashtra section 22 creation of new watans Page 1 of about 22 results (0.093 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

..... the division bench in arriving 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. ..... tenancy but has not applied to the mamlatdar on or before the 31st day of march 1957 under section 29 for obtaining 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 ..... section 3 of the 1962 act provides for abolition of patel watans together with incidents thereof. ..... section 8 thereof makes the existing tenancy law applicable in respect of the watan land which has been lawfully leased and subsisted on the appointed day. ..... proviso to section 8 of the 1962 act, in our considered opinion, does not take away a vested right conferred under the tenancy act.by construing both the acts harmoniously, the high court, in our opinion, did not make a new law. ..... the watan land was defined to mean the land forming part of watan property. ..... the ancestors of appellant were seized and possessed of watan lands. .....

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

Court : Mumbai

Reported in : 1998(1)BomCR595

..... submitted that 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 ..... with the said appeal, the collector, on considering the case putforward before him by the parties, and considering the provisions of section 2(10)of the bombay inferior watan abolition act, 1958, has raised two points, which arereproduced below:(1) whether smt. ..... 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. ..... of his case, hetook us through the certain provisions of the inferior village abolition act.section 6 of the inferior village abolition act reads under :---'where any watan land resumed under section 4 is held by an authorisedholder it shall be regranted to the authorised holder on the payment byhim to the state government of the occupancy price mentioned insection 5 and subject to the like conditions and consequences; and allthe provisions of section 5 shall apply mutatis mutandis in relation to theregrant of the land under this .....

Laxman Purshottam Pimputkar Vs. State of Bombay and ors.

Court : Supreme Court of India

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

..... under the bombay hereditary offices act, 1874 (iii of 1874) the person who actually performs the duty of a hereditary office for the time being is ..... as the statute itself states, that the creation of new towns is of national interest.' (pp. ..... which are no longer in 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. ..... section reads thus : 'subject to the 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 ..... 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 seems necessary may order a new ..... said the scheme of certain sections of part ii of the watan act, including ss. ..... collector in exercise of his discretion affects the rights of parties to property and is further open to challenge before the commissioner and the state government under sections 77 and 79 of the watan act respectively. ..... thus, before the exclusion of the civil court's jurisdiction under section 4(b) could come into play, the court had to determine the .....

Chahat Khan Bahadur Khan and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1966P& H111

..... in laxman purshottam pimputkar's case, air 1964 sc 436, the bombay government in exercise of its powers of revision under section 79 of the bombay hereditary offices act, 1874, resumed watan lands, in dispute in that case, from the defendants, who had come by those lands in family ..... sc 436, which was under the bombay hereditary offices act. ..... the holdings and tenancies allotted to them from the commencement of the agricultural year next following the date of the publication of the scheme under sub-section (4) of section 20, or, as the case may be, of the preparation of the new record-of-rights under sub-section (1) of section 22, and the consolidation officer should, if necessary, put them in physical possession of the holdings to which they were so entitled; for the present controversy, we are not ..... to possession of holdings and tenancies allotted to them from the commencement of the agricultural year next following the date of the publication of the scheme under sub-section (4) of section 20, or, as the case may be, of the preparation of the new record-of-rights under sub-section (1) of section 22, and the consolidation officer is then enjoined, if necessary, to put them in physical possession of the holdings to which they are so entitled including standing crops, if any, and ..... state of maharashtra, air 1961 sc 674, it was observed'one of the fundamental rules of interpretation is that if the words of a statute are in themselves precise and unambiguous 'no more is necessary than .....

Dnyaneshwar Bhalchandra Jamdade Vs. Kumar Babu Sonawane and ors.

Court : Mumbai

Reported in : 2009(3)BomCR350; 2009(111)BomLR473; 2009(2)MhLj220

..... the learned advocate submits that under section 5 of the bombay hereditary offices act, 1874, watan land could not be alienated or leased by the watandar ..... the learned advocate then submits that the watan abolition act is not included in schedule iii of the bt&al; act and, therefore, section 32g would not be applicable to the present ..... watan was abolished and 22.1.1959 in view of the bombay inferior village watans abolition act, 1958 (for short, 'watan abolition act') ..... 1970-71, the additional tehsildar, malshiras initiated an enquiry under section 32(1b) of the bombay tenancy & agricultural lands act (for short, 'bt&al; act') suo moto. ..... date under the bombay inferior village watans abolition act (for short, 'watan abolition act'). ..... he points out that the application for possession filed under section 32(1b) of the bt&al; act was filed six months beyond the period of limitation and, therefore, ought not to have ..... held that because no limitation was prescribed under the bt&al; act, the application had been made under section 7 of the mamlatdar courts act and, therefore, the limitation prescribed under section 5(3) of the mamlatdar courts act would apply. ..... a case where an application had been made for transfer of possession by the tenant under section 49b of the bombay tenancy and agricultural lands (vidharbha) act 1958. ..... he submits that the maharashtra revenue tribunal, pune has by its order dated 30.4.1983 directed the petitioner to file a civil suit in the present case to establish his .....

Chindha Nathu Gujar Vs. Murlidhar Shankar Gune

Court : Mumbai

Reported in : 1997(3)BomCR53

..... the learned counsel for the respondent-landlord argued with great emphasis on the point that the provisions of section 88ca of the act totally debars the application of sections 32 to 32 r, both inclusive sections 33-a, 33-b and 33-c to the land held as inam or watan for service useful to government but not assigned as remuneration to the person actually performing such service for the time being under section 23 of the bombay hereditary offices act, 1874 or any other law for the time being in force. ..... of the facts above, this court has to consider now as to whether the judgment and order dated 22-4-1983 passed by the member, maharashtra revenue tribunal, bombay could be said to be correct and the point which needs consideration is as to whether the petitioner-tenant entitled for the benefits of section 25(1) of the act, in view of his stand that he could not be said to be a defaulter in the facts and circumstances of the case.6. ..... shri gatne further points out that for the first time in the year 1972 and to be precise, on 13th march 1972, when the maharashtra revenue tribunal held that the applications under sections 32-g and 32-p that is of the tenant and landlord respectively, were not maintainable in view of section 88ca, it was at that time only, it could be said that the petitioner-tenant should have paid the rent for the previous years but ..... new section ..... it is apparent from the provisions of section 25(2), the old one and the new one that there is a lot of difference between .....

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. ..... , 1973; (d) nothing herein contained shall prevent the admission of any instrument in any court when such instrument has been executed by or on behalf of the government or where it bears the certificate of the collector as provided by section 32 or any other provision of this act; (e) nothing herein contained shall prevent the admission of a copy of any instrument or of an oral admission of the contents of any instrument, if the stamp duty or a deficient portion of the stamp duty and penalty as specified in ..... way of harmonising the provisions contained in sections 33 and 34 of the maharashtra stamp act, which is a general statute insofar as it relates to safeguarding revenue, and section 11(13) of the 1996 act, which applies specifically to speedy resolution of disputes by appointment 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 ..... (indira banerjee) new delhi; january 11, 2021 ..... article v(1)(a) of the new york convention states that recognition and enforcement of an award may be refused if the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of .....

Pitamber Govinda Bhavsar Vs. Abdul Gafur Abdul Rajak and ors.

Court : Mumbai

Reported in : AIR1972Bom43; (1971)73BOMLR466; ILR1971Bom1486

..... krishnaji govind kulkarni air 1930 bom 534 : 32 bom lr 1249, the question was whether a devise by will was included in the word 'alienate' in the bombay hereditary offices act, 1874. ..... ' the definition of that word in section 2 (2) of the maharashtra land revenue code, 1966 is the same. ..... 54 was invalid being in contravention of section 40 of the bombay agricultural debtor's relief act, 28 of 1947 (hereinafter referred to as to b. a. d. r. ..... : (1911)13bomlr883 the question whether a lease was an 'alienation' within the meaning of that word in the bombay land revenue code arose before a division bench of this court consisting of chandavarkar and hayward, jj. ..... none of those conditions brings the contract within the definition of the term 'alienated' village, in clause 19 of section 3 of the bombay land revenue code'.15. ..... the word 'alienated' is defined by the bombay land revenue code, 1879, section 2(2) as meaning 'transferred ..................... ..... no alienation of any property belonging to a debtor who is a party to any proceeding under this act or an award registered under this act, made by him before all his debts are discharged shall be valid, except with the previous sanction of the court.'8. ..... it is conceded on behalf of the appellant that the watandar can make a gift of the watan property to a watandar of the same watan. ..... if a watandar can alienate the property by gift inter vivos, he would presumably have the right to alienate by will in favour of a watandar of the same watan. .....

Mohd. MinhajuddIn S/O Shaikh Habib Qureshi Through His Lrs. Noor-ul-ha ...

Court : Mumbai

Reported in : 2006(1)ALLMR225; 2006(2)BomCR172; 2006(1)MhLj163

..... claimed the mutawalliship being hereditary office, but under the maharashtra law hereditary office of mutawalli is not ..... petitioner from mutawalliship and further directing the wakf officer to act as such, goes contrary to the section 43 of the act and the judgment of this court in mohd. ..... but it is not necessary for me to ponder on that point any more as the order dated 7th april, 1984 is not passed for this reason and if the provisions of the wakf act, 1954 are considered, more particularly sections 43,44 and 45, a mutawalli can be removed by the board on the allegations of mismanagement etc, only after due enquiry against that mutawalli as there is nothing on record to indicate before passing ..... that the mahomedan law does not recognize any hereditary office of mutawalli. ..... mutawalli of the wakf, the petition should have been dismissed as infructuous, but the deceased petitioner raised a contention that the post of mutawalli of the wakf in question being hereditary and the power of appointment of mutawalli lies with the family members, the question has to be decided in order to avoid further litigation as the deceased was appointed as mutawalli ..... the respondents to file reply by drawing the attention of the parties to the provisions of rule 11 of chapter xvii of the bombay high court (appellate side) rules. ..... under section 43 the wakf board has jurisdiction and authority to remove the mutawalli or appoint new mutawalli, provided that conditions enumerated in that section exist. .....

The Village Panchayat of Mamurabad Vs. the State of Maharashtra and or ...

Court : Mumbai

Reported in : AIR1978Bom4

..... the expression 'watan property' has been defined in section 4 of the bombay hereditary offices act, 1874 as follows :' 'watan property' means the moveable or immovable property held, acquired or assigned for providing remuneration for the performance of the duty appertaining to an hereditary office ..... there is, therefore, no substance in the contention that the property involved in this litigation was not watan property governed by the bombay hereditary offices act, 1874 (bombay act no ..... then a provision was also made in one of the sections for an appeal to the maharashtra revenue tribunal by a person who was aggrieved by the order of the award of compensation and in section 9 it was provided that the award made by the collector subject to an appeal to the bombay revenue tribunal and the decision of the maharashtra revenue tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any court ..... . by section 9 the award made by the collector subject to an appeal to the revenue tribunal and the decision of the maharashtra re-venue tribunal on the appeal have been declared to be final and ..... . 2 had impleaded only the state of maharashtra and the collector of jalgaon; but on the application of the village panchayat of mamurabad, the village panchayat was also made respondent ..... thereupon the suit in which the present appeal arises was instituted on june 29, 1965 by the gram panchayat of mamurabad in which the state of maharashtra was imploded as defendant no .....