Court : Gujarat
Reported in : AIR1962Guj18; (1961)2GLR594
..... 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 these villages and lands maintained by them so far. mr. ..... 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 possession of the land: records on behalf of such holder. ..... 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 would be expedient to have the land records in respect of such lands and villages in the custody of the state government because it would be the state government who on or after the resumption would have to deal .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR217
..... the plaintiff as the sajjadnsihin of the durgah filed the present suit on the ground that the said grant of village umraj, being an inam held by a religious or charitable institution, was exempted from the bombay personal inams abolition act, 1952; hereinafter referred to as 'the act' and also from the provisions of the bombay land tenures abolition (recovery of records) act, 1953, and on that basis asked for consequential reliefs so that the said two acts might not be enforced in respect of the said religious institution.3. ..... , the bombay land tenures abolition (recovery of records) act, 1953, would also apply only to those tenures which had been abolished. ..... the grant of the village umraj was an inam exempted under section 3 of the act and an injunction is issued against the defendant and its agents and servants from enforcing the provisions of the two acts in question against the said property held by the plaintiff as sajjadnishin, and in particular, from enforcing any liability of assessment under the act or taking possession of the records and of the lands on the footing that the inam in question had been abolished by ..... desai it would be proper to consider the scheme of the bombay personal inams abolition act, 1952. ..... however, after the act came into force with effect from 1st august 1953, the state of bombay is said to have taken advantage of the entry in the alienation register as personal inam and on that basis the act was sought to be applied to the plaintiff. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... agrarian and mineral rights under the bombay land revenue code and land tenure abolition laws (gujarat amendment) act, 1982, without payment of compensation ..... such investigation, the petitioners' claim to the amount recovered by the stock exchange as a result of auction transaction in pursuance of notice dated february 7, 1996, is not disputed and the facts about service of summons, recording of statement, and recovery of documents in connection with the said investigation against the petitioner-company at ahmedabad on april 2, 1996, are also not disputed. 17. ..... expressed the same view in slightly different language when he opined : 'the crown, in my opinion, cannot here succeed except by maintaining the proposition that where statutory authority has been given to the executive to make regulations controlling acts to be done by his majesty's subjects or some of them, the minister may without express authority so to do demand and receive money as the price of exercising power of control in a particular way, such money to be ..... requirement of existence of public purpose in affirmative, the latter was negatived by holding (page 163) : 'since article 30(2) itself provided payment of compensation, when property was acquired preceding the 25th constitution amendment act, 1971, this court interpreted the word 'compensation' as aforesaid, but when article 30(2) itself was omitted from the constitution, the question arises whether payment of compensation is a sine qua non for ..... , : [1953]4scr1069 .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR655
..... in section 4 which in clause (d) provided that nothing in that act shall apply to any land tenure to which the provisions of any of the laws specified in the schedule shall apply in order to clarify its intention that so far as the taluqdari tenure abolition act 1949 was concerned it was the specific intention of the legislature once again to hit the taluqdari tenure a specific rider is added in schedule i item 3 by the words the bombay taluqdari tenure abolition act 1949 save as provided in this act. ..... possession under the code by virtue of section 5(1)(a) of the act on the ground that the suit lands were taluqdari lands and the plaintiffs name was sought to be entered as an occupant of the said lands under section 5(1)(b) of the act and the government further sought to obtain from the plaintiff certain records pertaining to tenancy of other suit lands on the assumption that all the suit lands were taluqdari lands and for which the plaintiff and tenants in possession were liable to pay ..... the question has therefore arisen for the recovery of full assessment for taluqdari lands of the amod estate with effect from 1 st august 1953 only and if the amod wanta estate is found to be a taluqdari estate the plaintiff can succeed only by bringing his case within the exemption under section 5(2). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC166; 1992(2)SCALE375; 1993Supp(2)SCC540; [1992]Supp1SCR317; 1992(2)LC774(SC)
..... suit properties as his personal properties as a talukdar and in the alternative it was alleged that the suit lands were bhatha lands beyond the purview of the bombay talukdar tenure abolition act, 1949 (hereinafter referred to as 'talukdari abolition act') which came in to operation w.e.f. ..... the case we deem it proper in the interest of justice to mould the relief in the following manner:(1) the respondents - legal representatives of the plaintiff shall file statement specifying the particulars of the lands as required under the gujarat agricultural land ceiling act, 1960 (act) to the competent authority under the act within two months from today. ..... 247 admeasuring 100 acres and 38 gunthas and of landed property plot 'b' referred to as mahmedpura land and for recovery of possession and for rendition of accounts of income from 1.11.1952 till the ..... that the government had agreed the claim of the plaintiff to the five villages as his private property as a part of the merger agreement and there is no escape from the conclusion that the land in question which lies in one of these villages, namely, kothiakhad being the personal private property of the plaintiff could not fall within the ambit of section 6 of the talukdari abolition act. ..... exhibit 102 merger agreement dated 24.5.1948 has been placed on record which clearly mentioned that the plaintiff as the talukdar of umeta state was entitled to the full ownership use and enjoyment ..... for the parties and have thoroughly perused the record. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC602; 1998(1)ALLMR(SC)517; (1998)2GLR1364; JT1997(10)SC311; 1998(1)KLT481(SC); (1998)IIMLJ66(SC); RLW1999(2)SC254; 1997(7)SCALE786; (1998)2SCC1; [1997]Supp6SCR717;
..... 1.4.1971) under bombay city (inami & special tenures) abolition and maharashtra land revenue code (amendment) act, 1969 : sections 7, 8, 10.in case of leasehold land, the increase in ground rent ..... cases read as follows :'5(10) 'standard rent' in relation to any premises means -(a) where the standard rent is fixed by the court and the controller respectively under the bombay rent restriction act, 1939, or the bombay rents, hotel rates and lodging house rates (control) act, 1944 such standard rent; or(b) when the standard rent is not so fixed, - subject to the provisions of section 11, -(i) the rent at which the premises were ..... following) cases the court may, upon an application made to it for that purpose, or in any suit or proceedings, fix the standard rent at such amount as, having regard to the provisions of this act and circumstances of the case, the court deems just -where any premises are first let after the first day of september 1940 and the rent at which they are so let is in the opinion of ..... . reports of different committees and resolutions of the ministers have been placed on record in an effort to show that these official agencies have, since over the last two decades, ..... 10g introduced in 1973 of increase in ground rent paid to permitted recovery of one third govt ..... 10aa (introduced in 1953) section 10aaa ( ..... in section 10d(4) additions, improvements or which was introduced in 1953 ..... in section 10d(1) special additions or additional which was introduced in 1953 .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)93BOMLR691
..... , by or under the provisions of any of the land tenures abolition acts referred to in schedule iii to this act, is regranted to the holder hereof on condition that it was not transferable, such condition shall not be deemed to affect the right of any person holding such land on lease created before the regrant and such person shall as a tenant be deemed to have purchased the land under this section, as if the condition that it was not transferable was not the condition of regrant.section 32-m. (1) on ..... . in this case, it was held by the court that the tenant who had become a deemed owner of the land could apply for restoration of possession under section 36(1) of the bombay tenancy and agricultural lands (vidarbha region) act, 1958 before completion of all steps to complete statutory ownership ..... . in the event of failure of recovery of purchase price as arrears of land revenue under sub-section (3) of section 32-k, the purchase shall be ineffective and the land shall be at the disposal of the tribunal under section 32-p and any amount deposited by such tenant purchaser towards the price of the land shall be refunded to him ..... the process of verification of alleged surrender was commenced by the mamlatdar for the first time on 27th august 1957, the mamlatdar recorded the first statement of the tenant concerned under section 15 of the act read with rule 9 of the relevant rules. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj297; (1961)2GLR454
..... after setting out the other provision of the and revenue code the learned judge concluded that: 'there is no doubt, therefore, that the bombay land revenue code, 1879, was an existing law relating to land tenures in force in bombay at the time when the constitution (fourth amendment) act, 1955, was passed and article 31a in its amended form was introduced therein and the expression 'estate' had a meaning given to it under section 3 (5) there viz. ..... observed as follows: 'it was urged that the code was passed by the state legislature in order to consolidate and amend the law relating to revenue officers and to the assessment and recovery of land revenue and to other matters connected with the land revenue administration in the presidency of bombay and was merely concerned with the collection of land revenue by the state and had nothing to do with land ' tenures as such. ..... dealing with article 31a their lordships field that the object in enacting article 31a was to have legislation which was directed to the abolition of intermediaries and to establish direct relationship between the state and the tillers of the soil. ..... there is nothing to show and it is not the case of the petitioner that he made any application for such rights or that thereupon his name was entered in pursuance of such application or the resolution, in the revenue records as a person holding occupancy rights in respect of these lands in supersession and substitution of his rights as an ijardar under the deed of ijara. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC360; [1968]1SCR447
..... legislature passed the himachal pradesh abolition of big landed estates and land reforms act 1953 (hereinafter referred to as the act) on june 17, 1953 and the act was brought into force with ..... being the paramount owner could not be characterised as a landlord qua the respondent, that a number of trees stood on the said lands, that the respondent was merely a lessee of the said lands which were a forest area, that the entries in the revenue record in respect of the said lands were incorrect and could not be relied on in application under section 11 and consequently the compensation officer, mahasu, had no jurisdiction ..... section 3(2) provides that 'landowner' does not include a tenant or an assignee of land revenue, but includes a person to whom a holding has been transferred, or an estate or holding has been let in farm under the act for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion thereof, or in the ..... equality, free from any arbitrary discrimination, the presumption would be that a law of which the avowed object is to free the tenant of landlordism and to ensure to him security of tenure would bind all landlords irrespective of whether such a landlord is an ordinary individual or the union. 6. ..... held that the law applicable to india before the constitution was as authoritatively laid down in the province of bombay v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR860
..... the defendant in each of these suits denied that these lands were khoti khasgi lands of the plaintiff and contended that he had become the owner of these lands under the bombay khoti abolition act, 1949 (vi of 1950), which will hereafter be referred to as the act. ..... not be disputed that in order to prove that the lands involved in these revision applications are khoti khasgi lands, they must fall within the definition of 'khoti khasgi lands' under section 2(1) (vii)(b) of the act, which defines khoti khasgi lands in the kolaba district as meaning (i) land which is entered in the khot's own name as khoti khasgi or in that of a co-sharer in a khoti in the records of the original survey; and (ii) land acquired since the original survey by the khot by purchase or other lawful ..... under the act, in the kolaba district, the khot can establish that the land of which he claims to be the khot, is khoti khasgi land if it is entered in his own name as a khoti or in that of a co-sharer in a khotki in the records of the original survey. ..... these four revision applications arise out of four suits in the court of the civil judge, junior division, at mangaon, filed by the petitioner for recovery of arrears of rent for three years in respect of the suit lands from the opponent. ..... the leading case with regard to khoti tenure in the kolaba district is ganpati v. .....
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