Judgment Search Results Home > Cases Phrase: bombay kauli and katuban tenures abolition act 1953 maharashtra Page 1 of about 38 results (0.131 seconds)

Shripatrao Vinayakrao Patwardhan and ors. Vs. Sharatchandra Nilkanth P ...

Court : Mumbai

Reported in : 1982(1)BomCR619

..... 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. ..... the government of bombay enacted the bombay merged territories and areas (jagirs abolition) act, 1953 and the act came into effect on august 1, 1954. ..... 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 dharwad district of karnataka state and the plaintiff sought liberty to file a separate suit as the lands are ..... 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. .....

The State of Maharashtra Vs. Govindrao Narayanrao Ghorpade

Court : Mumbai

Reported in : AIR1981Bom439

..... reliance is placed on the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955 and the scheme of conferring rights in restricted tenures. ..... the learned government pleader points out that upon regrant of occupancy rights under section 7 of the bombay merged territories miscellaneous alienations abolition act, 1955, the occupancy itself is restricted, in that it is not ipso facto transferable or partible without the previous sanction of the collector and except on payment of such amount as the slate government may by general or special order determine (section 7 (3) of bombay act no. ..... the direction further provides that when it is feasible for the acquisition officer to arrive, directly at the market value of the lands held on restricted tenure from the data in respect of similar lands, the question of market value as per the government resolution will not arise.7. ..... kotwal drew my attention to the manual of land acquisition for the state of maharashtra dealing with the right of government and its assessment by the land acquisition officers for the purpose of determining the value payable to the occupants. ..... it is further clarified in the paragraph following that initially by government resolution of 1953, the value of the land held on the restricted tenure was generally held to be equal to two-thirds of the value of similar land held on the old tenure in the same locality. .....

Jamsetjee Jeejeebhoy and ors. Vs. Bapurao Krishnaji Bhonsale and anr.

Court : Mumbai

Reported in : AIR1980Bom302

..... grant dated 29th may 1828, referred to in section 2 (xiii) of the bombay city (inami and special tenures) abolition and maharashtra land revenue code (amendment) act, 1969 (referred to hereafter as 'the act'), the trustees held inami tenure land bearing cadastral survey no. ..... 1972, the bombay city (inami and special tenures) abolition rules, 1972, were published, under rule 4, the return under section 5 was required to be made within 6 months from ..... the deputy collector, inami and special tenures abolition branch, bombay city. ..... that case the supreme court held that if the legislature in a special statute prescribes a certain period of limitation for filing a particular application thereunder and provides in clear terms that such period on sufficient cause being shown may be extended in the maximum, only up to a specified time limit and no further, then the tribunal concerned has no jurisdiction to treat within limitation, an application filed before it beyond such maximum time-limit specified in ..... petitioners submitted that they were under the impression that the time for filing application for reference was 90 days from the date of the receipt of the judgment and that in connection with their application they were governed by the 1953 or 1959 sales tax act. ..... under sections 23 and 34 of the sales tax act, respectively of 1946 and 1953 the time prescribed for application to the tribunal for making a reference to the high court was respectively 60 days and 90 days from the date of the .....

Chamundi Hotel (P) Ltd. and ors. Vs. State and ors.

Court : Karnataka

Reported in : ILR1997KAR1573

..... ., challenged the vires of the bombay merged territories and areas (jagirs abolition) act, 1953, bombay act xxxix of 1954, by which the state legislature of bombay had abolished the jagirs, mainly relying upon the agreements of merger entered into by the rulers of the respective states with the dominion of india and the collateral letters of guarantee passed by the ministry of ..... the surrounding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption of constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and unknown reasons for subjecting certain individuals or corporations to hostile or discriminating legislation.the above principles will have to be constantly borne in mind by the court when it is called upon to adjudge the constitutionality of any particular ..... . basantibai, : [1986]1scr707 , the supreme court while considering the constitutional validity of maharashtra housing and development act, which dealt with the acquisition of the land held that as the land was being acquired for the purposes of being developed and distributed amongst the people as house sites, the statute had the protection of article ..... list-ii reads:'land, that is to say, rights in or over land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization .....

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1971Ker98

..... 1958 orissa 18 the court said that a village granted for the maintenance of the deity of shri jagannath mahaprabhu could be acquired under the provisions of the estates abolition act, that that would not interfere with the fundamental right under article 26 of the constitution, and that the question was concluded by the decision of the supreme court in air 1952 sc 252 while dealing with the decision of the allahabad high court in air ..... expression 'estate' shall, in relation to any local area, have the same 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- (i) any jagir, inam or muafi or other similar grant and in the states of madras and kerala, any jenmam right; (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto ..... state of bombay, air 1954 sc 388, the article falls into two parts, clause (a) and (b) dealing with what might be called the religious aspect of the guarantee, namely, the right of every religious denomination to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion, and clauses (c) and (d) dealing with what might be called the secular aspect, namely, the right of such a denomination to own and acquire properly and to administer such property in ..... state of maharashtra, 1970-1 scwr 100 ..... , air 1953 sc 252 and in r. m. d. c. .....

Salubai Ramchandra and ors. Vs. Chandu Saju and ors.

Court : Mumbai

Reported in : AIR1966Bom194; (1966)68BOMLR295; 1966MhLJ289

..... are:-(2) the common question of law that arises in all these case is whether a landholder who has commenced proceedings for terminating the lease of a tenant under section 38(1) of the bombay tenancy and agricultural lands [vidarbha region and kutch area] act, 1958, and for possession of that land is not entitled to any relief in respect of the land held by this tenant if the said tenant of was a protected lessee whose rights as such ..... . this legislation was the bombay tenancy and agricultural land act, 1948, which was operatives of in western maharashtra and the hyderabad tenancy of agricultural land act which was in force the marathwada district merged in the bi - lingual state bombay as a result of the ..... in this section shall confer on tenure - holder who has acquired any land by transfer or partition after the 1st day of the august 1953 a rights to terminate the tenancy of tenant who is protected lessee and whose right as such protected lessee had come into existence of before such transfer or partition'the amending act xliv of 1963 further provides by its sixth section that section 38 and 39 of he principal act as amended by that act shall also apply d as respect ..... berar; [f] every persons is respect of land held by him as an ante-alienation of tenant o a tenant of antiquity in berar in respect of which he has become lessee of the state under sub section [2] of the section 68 of the madhya pradesh abolition of proprietary rights [estates, mahals and alienated lands] act, 1950. .....

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... the bombay taluqdari tenure abolition act were protected because they were included in the ninth schedule ..... the bombay taluqdari tenure abolition ..... the bombay taluqdari tenure abolition act which was included in the ninth schedule was not questionable on the ground of violation of the provisions of section 299 of the government of india ..... satisfy the test of the second proviso to article 31-a of the constitution, article 31-a of the constitution protects the laws relating to agrarian reforms from challenges based on articles 14, 19 and 31 of the constitution and it is urged is a fetter on the legislative power as contemplated by article 245 of the constitution, it is submitted with considerable conviction that legislative power with regard to laws regarding agrarian ..... be exercised by indian parliament in accord with the procedure indicated by article 368 there being thus a constituent procedure, there being an indication of principles by its very placement in part iii and there being an obvious purpose for which article 31-b was enacted, we do not find any reason to doubt the validity of article 31-b, only because it puts under eclipse the ..... the maharashtra act, the full bench in paragraph 20 observed :'from the definition of the word 'family' in that act it is quite clear that an entity known to the law was particularised as a family which owned land as such and no artificial family was created for the purposes of that act, as has been done by the punjab legislature in the ..... 1953 .....

Rajiv SarIn and anr Vs. State of Uttarakhand and ors.

Court : Supreme Court of India

..... the object of the upzalr act as quite evident from its statements and objects are to provide for the abolition of the zamindari system which involves intermediaries between the tiller of the soil and the state in uttar pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent upon such abolition and acquisition and to make provision for other matters connected therewith. 9. ..... sabha or any other local authority established for the whole or part of the village in which the things specified in clauses (i) to (vi) are situate, subject to and in accordance with the provisions of chapter vii of the uttar pradesh zamindari abolition and land reforms act, 1950, and the rules made thereunder, as applicable to kumaun and uttarakhand divisions: provided that it shall be lawful for the state government to make the declaration aforesaid subject to such exceptions or conditions as may be specified in the ..... state of punjab3 which took the view that since, the punjab act of 1953 is a measure of agrarian reform, it would receive the protection of article 31-a. ..... national textile corporation (maharashtra north), (2002) 8 scc 182, this court made it clear that it was not considering; whether the assent of the president was rightly or wrongly given? ..... state of bombay; m. .....

Byramjee Jeejeebhoy (P) Ltd. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1965SC590; [1964]2SCR737

..... the legislature of the bombay state enacted thesalsette estates (land revenue exemption abolition) act, xlvii of 1951 (hereinaftercalled the act) which received the assent of the president on january 4, 1952and was brought into force on march 1, 1952. ..... ' then follows the habendum 'to have and to hold alland singular the villages lands hereditaments and premises hereinbefore grantedaliened and released or mentioned and expressed so to be unto and to the use ofthe said cursetjee cowasjee banajee his heirs and assigns absolutely foreverfreed and absolutely discharged from the said cowl and the several provisionsthereof and the rents and annual sums payable thereunder to the said company xx x and freed and discharged from all liability to contribute to the landrevenue under regulation xvii of 1827 ..... after assumption of authority,the east india company modified the system of land tenures and revenueadministration. ..... 52 of 1953) in the high court ofjudicature at bombay on its original side for a decree declaring that theprovisions of the act did not apply to the seven villages of the appellant andfor an injunction restraining the state from enforcing the provisions of thesaid act against the appellant in respect of the said seven villages. .....

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... validity of the maharashtra agricultural lands (cejuing on holdings) act 1961 (hereinafter ' referred to as the principal act) as amended by the maharashtra agricultural lands (lowering of ceiling on holdings) and (amendment) act 1972 (hereinafter referred to as act 21 of 1975) and the maharashtra agricultural lands (lowering of ceiling on holdings) and (amendment) act 1975 (hereinafter referred to as act 47 of 1975) and the maharashtra agricultural lands (ceiling on holdings) amendment act 1975 (hereinafter referred to as act 2 of 1976) on the ground that the amended provisions of the act are violative of articles 14, 19(1)(f), 31 and 31a of the ..... 31 was deleted by the 44th amendment as a consequence of the abolition of the right to property as a fundamental right) the question for consideration in the light or this position is whether section 4 of the 42nd amendment has brought about a result which is basically and fundamentally different from the one arising under the unamended article. ..... of them, therefore, preferred writ petitions in the high court of bombay at nagpur challenging the constitutional validity of the impugned legislation and on the challenge being negatived by the high court, they preferred appeals ..... these illustrative cases are: ram prasad sahi : [1953]4scr1129 ; rao manobar singhji, : [1954]1scr996 kunhikoman : air1962sc723 ; orissa cement : (1962)illj400sc ; krishnassvami naidu : [1964]7scr82 mukanchand : [1964]6scr903 ; nalla raja-reddy : [1967]3scr28 .....