Judgment Search Results Home > Cases Phrase: bombay kauli katuban tenures abolition act 1953 Page 3 of about 83 results (0.050 seconds)

State of Jammu and Kashmir, Vs. Dr. Susheela Sawhney and State of Jamm ...

Court : Jammu and Kashmir

Reported in : AIR2003J& K83,2003(1)JKJ35

..... . section 4 of the j&k; land alienation act, 1995, section 20-a of the big landed estate abolition act 2007, section 4 of the land grants act, 1996, section 95 of the j&k; co-operative socities act 1960 and section 17 of the j&k; agrarian reforms act 1976, impose a complete ban on the acquisition of the immovable property by ..... prohibiting transfer of immovable property in favour of non permanent residents of the state were not brought to the notice of the learned judges and with the enactment of the jammu and kashmir agrarian reforms act 1976, which completely prohibits transfer of dwelling houses and structures in favour of persons, who are not permanent residents of the state the decision of the full bench in devi dass's case (supra ..... high court opined that the position that emerges as a result of the combined reading of the provisions of articles 5 & 6 of the constitution of india, of the citizenship act and of section 6 of the state constitution is that the juristic or artificial persons like companies and corporations have not been included within the ambit of the term 'permanent ..... constitution, which provide that only a permanent residents of the state can be registered a voter, such person only can become member of legislative assembly and if at any point of time during his tenure such person loses his status as a permanent residence, such member acquires disqualification ..... was given by the bombay high court to the word 'acquire' in the case reported as air 1968 bombay 308, udhav shankar ..... .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... for example, the uttar pradesh zamindari abolition and land reforms act 1950 vested all the rights of the proprietors in the sub-soil including mines and minerals with the state government.322 the maharashtra personal inams abolition act 1953 abolished inam rights, but saved the rights of the inamdars and jagirdars to mines ..... the inamdars and jagirdars of their mineral rights: whereas, pursuant to the national policy of bringing the actual cultivator into direct relation with the government, series of land tenure abolition laws for abolition of the intermediary rights, jagirs and inam tenures have had been enacted, the rights of inamdars and jagirdars to mines and minerals have had been specifically saved, thereby allowing such existing rights to survive particularly where the ..... . the province of bombay,365 the bombay provincial legislature levied urban immovable property tax at ten percent of the annual letting value of lands ..... commissioner of income tax, bombay city, (1954) 3 scc62339 hans muller of ..... in the lists 2 and 3 of the seventh schedule to the constitution could only be imposed by the constitution itself and not by any obligation which had been undertaken by either the dominion government or the province of bombay or even the state of bombay. ..... . the bombay high court upheld the validity 361 federation of hotel & restaurant association of ..... state of bombay,275 a constitution bench held that any limitation on the legislative power of the state legislature must be express: 13. .....

Kawsar Alam Mutwali Penda and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1962Cal468,66CWN651

..... mohmmed wakf estate under article 226 of the constitution asking for an order directing the respondents to recall the notices issued under section 10(2) of the west bengal estates acquisition act, 1953 requiring the petitioner to give up possession of the khas wakf lands in the district of jalpaiguri and to forbear from giving effect to the notices and the orders and decisions relating thereto. ..... the petitioner claims that he is entitled to retain the lands under section 6(1)(i) of the west bengal estates acquisition act 1953 read with sections 2(c) and 2(n) of the act on the ground that the lands are held by him under a trust or endowment or other legal obligation exclusively for a ..... the wakf has the interest of an intermediary in the wakf lands, by virtue of section 4 of the west bengal estates acquisition act 1953 and; the notifications issued by the state government thereunder all estates and the rights of every in, each such estates situated in the district have ..... question that arose for decision was whether a society for the suppression and abolition of vivisection, was a charity within the meaning of the legal definition ..... commissioner of income tax, bombay, air 1946 bom 44; ..... commissioner of income-tax, bombay presidency sind and baluchistan , and in the case of a muslim wakf, the court should be guided by the standard of ..... advocate general of bombay, ilr 6 bom 42, was approved by the privy council in did not consider that such gifts were charitable or were beneficial to the .....

Bhairabendra Narayan Bhup Vs. State of Assam

Court : Guwahati

..... in particular, he complained against three pieces of legislation:--(1) the bihar private forests act, 1948 (bihar act 9 of 1948) under which government had taken possession of the private forests of the plaintiff; (2) the abolition of the zamindaris act, 1948 (bihar act 18 of 1948) which had not yet been enforced; and (3) the bihar state management of estates and tenures act, 1949 (bihar act 21 of 1949) which came into force on 16-11-49. ..... arose on an application presented to the high court under article 226 of the constitution asking for a writ of mandamus or a writ of prohibition against the state of uttar pradesh prohibiting them from making a law in the name of 'zamindary abolition and land reforms bill' with a further prayer to direct the opposite party not to make any substituted law which might take away or affect the rights of the appellant or applicant in relation to his zamindary property. ..... ' thus the learned judge also agreed with the principle of the decision in the bombay case that a declaration in regard to a mere bill was not available to the plaintiff. 14. ..... i may, for instance, refer to a decision of the bombay high court in--'mulji haridas v. ..... government of the province of bombay', air 1943 bom 138 (g), on which strong reliance has been placed by the counsel for the appellant, beaumont c. j. .....

Brij Behari Sahai (Dead) Through Lrs. Etc. Etc. Vs. State of Uttar Pra ...

Court : Supreme Court of India

Reported in : 2004(1)ALD103(SC); 2004(1)CTC68; 2003(10)SCALE39; (2004)1SCC641

..... tenant was entitled to purchase under section 18 of the punjab security of land tenures act, 1953 did vest in the state by reason of its acquisition under the land acquisition act before he became its deemed owner as envisaged under sub-section (4) of section 18 of the tenure act, the landowner of that tenanted land could have made a claim for compensation awardable therefore under the land acquisition act and his entitlement out of the said compensation could only be that falling ..... the plea on behalf of the state that as the land had vested in the government under the abolition act, the respondents were not entitled to compensation under the land acquisition act, held as hereunder ;'.........we find it difficult to accede to this submission, for we are of the opinion that in case the state wanted to take over the land under the abolition act, it should not have proceeded to acquire the interest of the respondents in the land in dispute under the ..... , : air1979bom31 , a division bench of the bombay high court held that in the matter of apportionment of compensation under the land acquisition act, between owners of land and permanent tenants/permanent licensee, if the right of the owners was only to receive every year certain sum, then naturally upon acquisition of the property including their interests in the land, ..... in the collector of bombay v. .....

Oswal Fats and Oils Limited Vs. Additional Commissioner (Administratio ...

Court : Supreme Court of India

Reported in : JT2010(3)SC510

..... :and whereas the transfers as aforesaid made by the bhumidhars in favour of the lessee in respect of the land described in schedule `a' hereto being in contravention of section 154 of the uttar pradesh jamindari abolition and land reforms act, 1950 (hereinafter called 'the said act') were void under section 166 of the said act and consequently the said land vested in the government of uttar pradesh (hereinafter called 'the state government') under section 167 of the said ..... society, the land held by it having been pooled by its members under clause (a) of sub-section (1) of section 77 of the uttar pradesh co-operative societies act, 1965 shall not be taken into account in computing the 5.0586 hectares (12.50 acres) land held by it. (2) subject to the provisions of any other law relating to the land tenures for the time being in force, the state government may, by general or special order, authorise transfer in excess of the limit prescribed in ..... 1 and 2 are sustainable for the reasons given hereinabove.the learned single judge then referred to the provisions of sections 152, 154, 166 and 167 of the act and held that the purchase made by the appellant in excess of 12.50 acres was illegal per se and its case does not fall within the ambit of the exceptions carved out in sub-section (2) of section 154. ..... zamindari abolition act therefore, i purchased the land in question which is more than 12 acres. ..... . in state of bombay and ors. v ..... . state of madras : air 1953 sc 274 (para 7), s.k .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... in the case of 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 iii ..... 1 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 of list ..... kameshwar (supra) at page 283 where the supreme court held as follows:-there is no doubt that land in entry 18 in list 2 has been construed in a very wide way but if land or land tenures in that entry is held to cover acquisition of land also, then entry 36 in list 2 will have to be held as wholly redundant, so far as acquisition of land is concerned, a conclusion to which i am not prepared ..... any acquisition whether 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 ..... act given by the lessee to the lessor after expiration of the lease intimating to the landlord the lessees intention to vacate the premises on 31st august, 1953 where the landlords appeal was allowed by the court after holding notice was not capable of being withdrawn ..... of bihar reported in air 1953 sc 215.135. ..... of orissa reported in air 1953 sc 375. ..... further submitted that the said decision so approved by the supreme court in air 1953 sc 514. .....

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

Court : Mumbai

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

..... the form in which it was originally enacted and continuing the use of the phrase 'acquired land by continuing the use of the partition' is intended to restrict it effect of only the those classes of tenure - holder who did not have any rights in the property or pre - existing right in land prior the partition of but go such right to ownership of the for the first time in persons who had ..... pursuits belonging to or occupied by agriculturists, agricultural labour, artisans and persons carrying on allied pursuits in the vidarbha region and the kutch area of the state of the bombay and to provide for the assumption of management of agricultural lands insertion circumstances and to make provisions of each certain matter hereinafter appearing: it is hereby enacted in the ninth years of the ..... 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 ..... 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. .....

Thakur Amar Singhji Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1955SC504; [1955]2SCR303

..... their estates would be jagirs within the inclusive portion of the definition, they themselves would not be jagirdars as defined in the act, because they were recognised not as jagirdars but as holders of the specific tenures enumerated in that schedule, and that therefore their interests could not be resumed under section 22(1)(a) even though their estates might be ..... accordance with law and custom, that he had no authority to enact a law for the resumption of jagirs on grounds other than those recognised by law and custom, that section 22 of the act provided that the resumption was to take effect notwithstanding any jagir law which as defined in section 2(d) includes also custom, that such a law was directly opposed to what was authorised by article vii ..... moreover, the object of article 31-a was to save legislation which was directed to the abolition of intermediaries so as to establish direct relationship between the states and the tillers of the soil, and construing the word in that sense which would achieve that object in a ..... the facts on which this plea is founded are that on 28-11-1953 the secretary to the government wrote to the collector of tonk that the petitioner was not to be disturbed in ..... the letter dated 28-11-1953 was not addressed to the petitioner; nor does it amount to an ..... the government expressed its inability to stay resumption, and the argument is that the respondent is estopped from going back on the assurance and undertaking given in the letter dated 28-11-1953. .....

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

Court : Kerala

Reported in : AIR1971Ker98

..... orissa, air 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 ..... in this article,-- (a) the 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 ..... for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon), lands mortgaged to the government and cooperative societies (the exemption ending at the close of three years from the commencement of the act), lands purchased by the kerala financial corporation or institutions similar to it, lands belonging to industries or commercial undertakings, house sites, sites of religious institutions and cemeteries and burial and burning grounds, sites of ..... . there the court said that the provision in the bombay tenancy and agricultural lands (amendment) act (13 of 1956) vesting the right of the landlord in the tenant on the 'tiller's day' would operate as extinguishment or at any rate as modification of the landlord's right in ..... 1953 ..... air 1953 sc .....