Court : Kerala
..... 31 cal wn 282: (air 1927 cal 279) (a), lays down is that the assent of the landlord, as required by s.116 of the transfer of property act, may be express or implied and it may be furnished or inferred even without or in the absence of acceptance of rent, from other circumstances which would either directly establish such assent or lead to a reasonable inference of it...................it is true that the length of ..... to the effect that mere continuance of possession for a long time without more would, as a matter of law, be sufficient to prove the necessary assent of the landlord under s.116 of the transfer of property act, it would probably have been unsupportable and i would have been inclined to put it aside in the case of numerous authorities to the contrary, not excluding the federal court decision referred to above, but, in my view, all that the case in ..... ) , it was inter alia held as follows: "mere acceptance of amounts equivalent to rent by a landlord from a tenant in possession after a lease had been determined, either by efflux of time or by notice to quit, and who enjoys statutory immunity from eviction except on well defined grounds as in the act, (bombay rents, hotel and lodging house rates (control) act, 1947) cannot be regarded as evidence of a new agreement of tenancy. ..... was dealing with the provisions of the madhya bharat zamindari abolition act, 1951 ..... of maharashtra (fb) ..... kacki muthaliyar, air 1953 trav-co 299, ..... .....
Tag this Judgment!Court : Allahabad
..... gram sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level; (c) "intermediate level" means a level between the village and district levels specified by the governor of a state by public notification to be the intermediate level for the purposes of this part; (d) "panchayat" means an institution (by whatever name called) of self-government constituted ..... department, no department shall, without the previous concurrence of the finance department, issue any orders which may (a) involve any abandonment of revenue or involve any expenditure for which no provision has been made in the appropriation act; (b) involve any grant of land or assignment of revenue or concession, grant, lease or licence or mineral or forest rights or a right to water power of any easement or privilege in respect of such concession; (c) relate ..... to some of the relevant provisions of the maharashtra agricultural produce marketing (regulation) act 1963 and the maharashtra agricultural produce marketing (regulation) rules 1967. ..... case of rakesh kumar sharma (supra), held that decision taken by the state government with regard to abolition and creation of districts, suffers from vice of arbitrariness hence set aside. ..... , 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 ..... and others; air 1953 ..... bombay .....
Tag this Judgment!Court : Supreme Court of India
..... . fundamental rights cases 108 in golak nath v state of punjab179, there was a challenge to the punjab security of land tenures act, 1953 and to the mysore land reforms act (as amended) upon their inclusion in the ninth schedule to the constitution ..... . only in privacy claims which deserve 64 district registrar & collector, hyderabad v canara bank air2005sc186 state of maharashtra v bharat shanti lal shah (2008) 13 scc5 43 the strictest scrutiny is the standard of compelling state interest to be used ..... . 53 the decision in life insurance corporation of india v prof manubhai d shah76, incorrectly attributed to the decision in indian express newspapers 75 ibid, at pages 62-63 (para8) 76 (1992) 3 scc63749 part h (bombay) pvt ltd v union of india77 the principle that the right to free expression under article 19(1)(a) includes the privacy of communications ..... . this came to a head in the case of john lilburn, 3 state trials 1315, which brought about the abolition of the star chamber and the firm recognition of the principle that the accused should not be put on oath and that no evidence should be taken from him ..... . concerns of privacy arise when the state seeks to intrude into the body of subjects.57 corporeal punishments were not unknown to india, their abolition is of a recent vintage .....
Tag this Judgment!Court : Kolkata
..... jilubhai (supra) the supreme court also held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list ..... scc 596 the supreme court held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 ..... a just equivalent of what the owner has been deprived of; (ii) the principles which the legislature can prescribe are only principles for ascertaining a just equivalent of what the owner has been deprived of; and (iii) if the compensation fixed was not a just equivalent of what the owner has been deprived of or if the principles did not take into account all relevant elements or took into account irrelevant ..... an earlier law made by parliament or an existing law with respect to that matter, the, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in the state: provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending ..... directly under the acts like singur act, west bengal estates act 1953, land reforms act 1955 or the land acquisition act 1894 requires some executive action for acquisition and most importantly taking ..... state of maharashtra, this court held ..... of maharashtra, .....
Tag this Judgment!Court : Supreme Court of India
..... for any of the following : (a) the imposition, abolition, remission, alteration or regulation of any tax ; (b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of the capital; (c) the appropriation of moneys out of the consolidated fund of the capital; 77 act 1 of 1992 (referred hereinafter as the gnctd act ) 78 section 3, gnctd act 79 section 5, gnctd act 80 section 9, gnctd act 81 section 22, gnctd act 93 part i (d) the ..... government 51. the members of the constituent assembly borrowed the parliamentary cabinet form of government 48 samuel berlinski, torun dewan and keith dowding, individual and collective performance and the tenure of british ministers 1945-1997 , london school of economics & political science (february 2007), available at http://eprints. ..... of the bombay high court had held that assuming that the provisions of the indian press (emergency powers) act, 1931 were inconsistent with article 19(1)(a) of the constitution, proceedings which had been commenced and were pending at the date of the commencement of the constitution were not affected even if the act was inconsistent with the fundamental ..... establishment to investigate the case in the state of maharashtra but it was dismissed by ..... 1953, the government of union territories act, 1963 was enacted to provide for legislative assemblies and council of ministers for various union territories but the provisions of the said .....
Tag this Judgment!Court : Supreme Court of India
..... be exercisable by or under the authority of parliament; (c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution ..... which the government of the state cannot be carried on in accordance with he provisions of this constitution, the president may be proclamation (a) assume to himself all or any of the functions of the government of the state and all or any of the powers vested in or exercisable by the governor or any body or authority in the state other than the legislature of the state; (b) declare that the powers of the legislature of the state shall ..... was governed by the police act, 1861, section 40 of the punjab laws act, 1872 as in force in delhi and the bombay police act, 1951 as in ..... . 85 (c)(i) the central government, in consultation with the state government or state governments concerned, may determine the tenure of all or any of the cadre posts specified for the state concerned in item 1 of the schedule to the ..... , 1968; maharashtra ..... 1953, the government of union territories act, 1963 was enacted to provide for legislative assemblies and council of ministers for various union territories but the provisions of the said act .....
Tag this Judgment!Court : Supreme Court of India
..... under section 13(1) of the saurashtra act when the tenant sub-let the premises during the currency of that act and the right survived the repeal of that act under proviso (2) to section 51 of the bombay act and, therefore, the suit for recovery of possession of the premises under section 13(1) read with clause (e) of the saurashtra act after the repeal of that act on the basis of the ..... the main enactment, to clarify the same so as to make it consistent with the dominant object which it seems to subserve, (c) to provide an additional support to the dominant object of the act in order to make it meaningful and purposeful, 297 (d) an explanation cannot in any way interfere with or change the enactment or any part thereof but where some gap is left which is relevant for the purpose of the ..... be constructed an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for 105 the purpose of selling all or some of the apartments to other persons and includes his assignees; or (ii) a person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some ..... of the tenancy right under the punjab security of land tenures act 1953 ..... act, which is repealed is the maharashtra housing (regulation and development) act ..... as all appeals would lie to the federal court in view of the abolition of the privy 351 council in 1949 .....
Tag this Judgment!Court : Kerala
..... "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 [tamil nadu] and kerala, any janmam right; (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto ..... chandrachud, c.j.speaking for majority, held that the central act, 1950 prevails over the punjab act, 1953 and the assent of the president which was obtained for a specific purpose cannot be utilised for according precedence to the punjab act ..... the statement of objects reads as follows: "it will be recalled that the zamindari abolition laws which came first in our programme of social welfare legislation were attacked by the interests affected mainly with reference to articles 14, 19 and 31, and that in order to put an end to the dilatory and wasteful litigation and place these laws above challenge in the courts, articles w.p(c) no.26691 of 2010, etc ..... . broach borough municipality which is an erudite leading judgment on this topic, laid by a unanimous constitution bench of five judges that section 17 of the bombay municipal boroughs act, 1925 empowers the municipality to levy "rate on buildings or lands or both situate within the municipality ..... state of maharashtra and vijay kumar sharma v ..... state of maharashtra, bar council of u.p. v .....
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