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, ..... further pleads that it was recovered back through court proceedings and being an inam land was regranted to him by the collector under the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955. ..... 1 asserted that on the abolition of jagirs by the act of 1953, the lands were resumed by the government and regranted to him exclusively, and therefore, the plaintiff is not entitled to claim partition and ..... ultimately, in exercise of powers referred to in rule 10 of schedule b of act xi of 1852 and of the second sub-clause to clause 3 of section 2 of bombay act vii of 1863, his excellency the governor in council was pleased to issue the following rules for the purpose of determining the terms to which the continuance of jagirs and other alienations of a political nature shall be subject : ..... was a protected tenant cultivating this land and was entitled to purchase it under the provisions of bombay tenancy and agricultural lands act. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj242; (1968)0GLR486
..... tenure abolition acts and since they are many, we will mention only a few of them, namely, the bombay maleki merged territories (ankadia tenure abolition) act, 1953, the bombay merged territories matadari tenure abolition act, 1953 and the bombay bhil naik inams abolition act ..... bombay talukdari tenure abolition act, 1949, the bombay merged territories (baroda mulgiras) tenure abolition act, 1953 and the bombay merged territories miscellaneous alienation abolition act ..... bombay land tenure abolition (amendment) act, 1958, all these land tenure abolition acts were amended and a section was introduced in each of these land tenure abolition acts requiring the previous approval of the collector, the commissioner or the state government depending on the amount awarded, before an award could be made by the collector and providing that the award shall be in the form prescribed in section 26 of the land acquisition act ..... judicial inquiry for the purpose of determining the amount of compensation payable to the persons whose rights were extinguished by one or the other of the land tenures abolition acts and the legislative intent was that the award determining the amount of compensation payable to such persons should have the previous approval of the state government or some superior ..... to make an award under section 13 and 14 of the bombay merged territories and areas (jagirs abolition) act, 1953, (hereinafter referred to as the act) without the previous approval of the state government. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC459; (1959)61BOMLR811; [1959]Supp1SCR489
..... bombay merged territories (janjira and bhor) khoti tenure abolition act, 1953 ..... bombay bhagdari and narvadari tenures abolition act ..... bombay khoti abolition act ..... to be differences between district and district and one part of the state and another and having therefore enunciated the broad principles and policy which were embodied in sections 5 and 6 of the act the legislature enacted section 7 empowering the state government to vary the ceiling area and the economic holding if it was satisfied that it was expedient so to do in the public interest, regard being ..... of establishing a socialistic pattern of society in the state within the meaning of articles 38 and 39 of the constitution, a further measure of agrarian reform was enacted by the state legislature, being the impugned act, hereinbefore referred to, which was designed to bring about such distribution of the ownership and control of agricultural lands as best to subserve the common good thus eliminating concentration of wealth and means of production to the ..... in the present case which would compel us to put a narrower construction on the expression 'estate' in section 2(5) of the bombay land revenue code, 1879 it is true that the expression 'estate' was used prior to 1879 in connection with the interests which the various tenure holders of alienated lands held in their respective lands but it does not therefore follow that that expression could be used only in ..... of which is regulated by the terms thereof are called kauli lands.' 23. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj149
..... conceded that he could not advance any argument, that the applicability of this section is excluded under section 3(f) or that it would he the jagir abolition act of 1953 which would apply, for, no such averment has been made in the petition. ..... order of the gujarat revenue tribunal dated february 27, 1951 which held that the claim for compensation filed by the petitioner in respect of the extinguishment of a grant in his favour fell under section 15 of the bombay merged territories and miscellaneous alienations abolition act, 1955, (hereinafter referred to as the miscellaneous alienations abolition act) and for a mandamus directing the state of gujarat to continue to pay to the petitioner and his descendants the sum of rs. ..... in 1955, the bombay state enacted the miscellaneous alienations abolition act, 1956, and that act came into force as from angust ..... pp 97 to 99 as quoted in sri ram ram narain v state of bombay : air1959sc459 treats an alienation or an assignment of land revenue of an estate or a tract of country in favour of a person for some specific object or for services to be rendered in future, as a land tenure that being the position, both on the nature of the grant and on the authority of : air1962sc1305 the impugned act must be held to be falling under entries 18 and 45 of the state list consequently, the contention on this part of the argument cannot be ..... from that, the existing law relating to land tenures in force in the slate would be the bombay land revenue code. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1984Guj157
..... even the erstwhile occupants under the provisions of the various acts like the bombay taluqdari tenure abolition act, 1949, referred to hereinabove used to claim a right to these mines and mineral products, be.cause their rights were subsisting even when they were occupants of those lands and this position continued despite the enactment of the mines and minerals (regulation and development) act, 1957, enacted by the parliament in the year 1957. ..... abolitio n act, 1952 and the bombay merged territory areas (jagirs abolition) act, 1953. ..... the state, it appears could not brook this sort of its exclusion from those valuable mines and mineral rights and as said above, belatedly came forthwith the bombay land revenue cotie and land tenure abolition (gujarat amendment) ordinance, 1981 substituted by the impugned act, namely, the bombay land revenue code and land tenure abolition (gujrat amendment) act, 1982 as per the said amendment s. ..... similarly the provisions of the bombay personal ina-ras abolition act, 1952 the bombay merged territories and areas (jagirs abolition) act, 1953 and the bombay merged territories miscellaneous alienation abolition act, 1965, while abolishing the rights of an inamdar, jagirdars or alience respectively in tenute lands save their subsisting rights to mines and mineral products in such land. .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR467
..... the petitioner's case was that though the bombay legislature enacted the bombay personal inams abolition act, 42 of 1953 by which personal inams in the state of bombay were abolished, the act did not apply to personal inams situate in the merged territories and, therefore, the aforesaid act did not extinguish the personal inams held by him inspite of the merger of the state in the state of bombay and consequently, the personal inams held by him continued to be held by him until they ..... were abolished by the miscellaneous alienations abolition act, 1955 which ..... it is also clear that the miscellaneous alicaations abolition act, 1955, also would not apply to the grant in question, despite the fact that it was named a personal inam by the state of balasinor, for section 3(1)(f) of that act in clear terms excludes the applicability of the act to 'the land tenure to which the provisions of any of the enactments specified in the schedule ..... thereafter, the bombay legislature enacted several acts extinguishing the various, types of land tenures prevailing in the merged .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom302
..... 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 ..... collector, inami and special tenures abolition branch, bombay city. ..... form and period within which application for compensation is to be made under section 14 of the act and reads as under:--'form and period within which application for compensation is to be made under section ..... it was observed at page 490 of the report:--'the provisions of section 3 of the limitation act that a suit instituted, appeal preferred and application made after the prescribed period shall be dismissed are provided for in section 86 of the act which gives a peremptory command that the high court shall dismiss an election petition which does not comply with the provisions ..... 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 ..... 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. .....
Tag this Judgment!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 ..... article 19 of the constitution, if the law is for giving effect to the policy of the state towards securing all or any of the principles laid down in part iv of the constitution.section 55 of the constitution (forty-second amendment) act, 1976, which came into force with effect from january 3, 1977 inserted sub-sections (4) and (5) in article 368 which read thus:'no amendment of this constitution (including the provisions of part 111) made or purporting to have ..... the order passed by the appellate authority and these writ petitions are pending hearing before the high court of karnataka, it has become necessary to pass a law different from the provisions of the land acquisition act, 1894 and to make provision for appointment of a commissioner of payment to pass appropriate orders in conformity with the final decision in the above writ petitions in determining the amount payable in respect of the entire ..... 18 of the 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 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj18; (1961)2GLR594
..... section 2 of the bombay act, l of 1953, defines 'holder' as including 'mulgirasia as defined or referred to in the bombay merged territories (baroda mulgiras tenure abolition) act of 1953 an& also includes a person who for the time being is in ..... be lawfully exercised by a magistrate under the provisions of chapter vii of the code of criminal procedure.3. the object of the legislature in enacting this act presumably was that on the resumption of lands and villages under any one of the land tenures abolition acts, the holders thereof would cease to have any rights over such lands except as ordinary occupants under the land revenue code, and, therefore, it ..... nanavati, however, pointed out that the state legislature has also enacted the bombay land tenures abolition (recovery of records) act, 1953, being act l of 1953, under which a notice has been issued to the appellants to deliver up to the collector or to an officer appointed by the state government in that behalf all the land records relating to ..... taking over records maintained by the holders of lands or villages held on tenures which have been abolished by various land tenures abolition acts, and hence this particular act was enacted.4 ..... nanavati argued that the state was not entitled to call upon the appellants to deliver up these records as act l of 1953 was not within the legislative competence of the state legislature and that even if it were to be so, calling upon the appellants to deliver up the records would amount to acquisition .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom252; (1957)59BOMLR616
..... lease holding is less than an economic holding and tenants who have been conferred occupancy rights under any of the land tenure abolition acts.7. ..... , and, if assent has been given, it is not for this court to consider whether recommendations to amend the bill were made by the government of india and those recommendations were ignored by the government of bombay to submit the bill for considering the recommendations made by the government of india does not, in our judgment, affect the validity of the bill which by the assent of the president became ..... in which petitions were filed in this court under article 226 of the constitution challenging the provision of sub-section (2) of section 6 of the bombay tenancy and agricultural lands act, 1948, as being ultra vires the legislature and also challenging a notification issued by government under that sub-section. ..... section 31 in such manner as will result in leaving with a tenant, after terminations, less than half the area of the land leased to him, or in such a manner as will result in a contravention of the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947, or if the tenant has become a member of a co-operative farming society and so long as he continues to be such member. ..... ajmer, : [1953]4scr1049 . ..... 1953 to 31st july, 1956, if his holding immediately before the 1st january, 1952 was equal to or in excess of twice the ceiling area and lands acquired by a landlord by surrender of tenancy from his .....
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