Court : Allahabad
Reported in : AIR1962All43
..... he is the owner of the land; otherwise the would be entitled to a decree for possession, over the land and for possession over the construction and would not sure simply for possession over the land as he invariably does.though the suit of the respondents was decreed, it was in appeal, and, since section 9 of the zamindari abolition and land reforms act came into force on 1-7-52, the appellate court was bound to consider its provisions before deciding the appeal. ..... from caprice or humour, but because i conceive that an interpreter should not, when faced with the delicate task of interpreting an equivocal term in a statute, go by the letter of the law; he should steadily pierce the sematic veil and look for the true meaning with the aid of the rule of presumption that the legislature does not intend to overthrow suddenly any fundamental juridical norm, in particular, the rule of law, that binds ..... the lower appellate court on17-7-1953 affirmed the decree of the trial court, but without considering the effect of section 9 of the zamindari abolition and land reforms act on the rights of the parties. ..... (tenendum was that part of a deed which was formerly used in exposing the tenure by which the estate granted was held; but since all freehold tenures were converted into socage, the tenendum is of no further use even in england, and is therefore, joined to the habendum in this manner,--to have and to hold. ..... of income-tax, bombay v. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762
..... art. 13(2) in particular; (v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and (vi) that the two impugned acts, namely, the punjab security of land tenures act, 1953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected ..... petitioners are affected either by the punjab security of land tenures act, 1954 (act x of 1953) or by the mysore land reforms act (act 10 of 1962) as amended by act 14 of 1965 which were added to the 9th schedule of the constitution by the impugned act and their contention is that the impugned act being unconstitutional and invalid, the validity of the two acts by which they are affected cannot be ..... invalid. it appears that the rajasthan tenancy act iii of 1955 and the maharashtra agricultural lands (ceiling and holdings) act 27 of 1961 had been similarly declared invalid, and in consequence, parliament though it necessary to make a further amendment ..... 258. articles 4, 169, fifth schedule part d, and sixth schedule para 21 empower the parliament to pass laws amending the provisions of the first, fourth, fifth and sixth schedules and making amendments of the constitution consequential on the abolition of creation of the legislative councils in states, and by express provisions no such law is deemed to be an amendment of the constitution for the purposes ..... the .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... , any further inroad into these rights as they exist today will be illegal and unconstitutional unless it complies with part iii in general and article 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that, the two impugned acts, namely, the punjab security of land tenures act, 1953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included ..... article 395 of the constitution repealed the indian independence act, 1947 and the government of india, act, 1935, together with all enactments amending or supplementing the latter act, but not including the abolition of privy council jurisdiction act, 1949. ..... in that case the term 'grant' was defined in section 2(1) of the madhya pradesh abolition of cash grants act, 1963, in a language which was wide without making a distinction between various types of cash grants. ..... court. the act provided for the formation of two separate units out of the former state of bombay: (1) the state of maharashtra and (2) the state of ..... as a historical fact it is safe to say that at a meeting held on may 11, 1949 a resolution for the abolition of all reservations for minorities other than the scheduled castes found whole hearted support from an overwhelming majority of the members of the advisory committee. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H162
..... admittedly, the punjab security of land tenures act, 1953, and the pepsu tenancy and agricultural lands act, 1955, had been enacted as a measure of agricultural reforms and were fully protected under article 31a(1)(a) of the constitution. ..... in the statement of objects and reasons, it has been pointed out that-'in the state of punjab two enactments, that is, the punjab security of land tenures act, 1953, and the pepsu tenancy and agricultural lands act, 1955, are in force. ..... 'it is thus clear to those who understand development dialectic and rural planning that agrarian reform is more humanist than mere land reform and, scientifically viewed, covers not merely abolition of intermediary tenures, zamindaris and the like but re-structuring of village life itself taking in its broad embrace the socio-economic regeneration of the rural population. ..... in the maharashtra agricultural lands (ceiling of holdings) act, 1961, the family has been defined in section 2(11) to include a hindu undivided family and in the case of other persons, a group or unit the members of which, by custom or usage, are joint in estate or possession or residence. ..... state of bombay, 1954 scr 930 = (air 1954 sc 321 = 1954 cri lj 886), wherein it was held that section 497 of the indian penal code did no offend articles 14 and 15 of the constitution. .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
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