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;
..... in a year.50% of the total tax levied in lieu of the abolition of the inami tenures (w.e.f. 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 paid by the landlord to private parties i. ..... provides for an increase in rent where after the commencement of the bombay rents, hotel and lodging housing rates control (amendment) act, 1986 a landlord is required to pay any fresh rate, cess, charges, tax, land assessment, ground rent of land or any other levy on lands and buildings. section 10a enables the landlord to make an increase in ..... in the rent by taking into account the increase in the land prices etc. the court also observed that the writ petitions lacked particulars in order to satisfy the court that the relevant provisions of the bombay rent act were unreasonable or arbitrary.3. the bombay rent act came into force on 13th february, 1938. this .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)93BOMLR691
..... the postponed date, the tribunal shall, as soon as may be after such date determine the price of the land.(6) if any land which, 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 ..... . about 4 days prior to 'tillers' day', the original landlord, made an application to the mamlatdar for possession of the lands in question purporting to invoke section 29(2) of bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as the act.) the said application was accompanied by purported deed of surrender of tenancy dated ..... .1. this petition raises interesting questions of law relating to interpretation and application of sections 15, 29(1), 32(1) and 32-g of the bombay tenancy and agricultural lands act, 1948. the principal question of law relating to the purported surrender of tenancy is already decided by the full bench judgment of our high court .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... was made to jilubhal nambhai khachar v. state of gujarat, : air1995sc142 . the issue related to acquisition of agrarian and mineral rights under the bombay land revenue code and land tenure abolition laws (gujarat amendment) act, 1982, without payment of compensation. the statute was placed in the ninth schedule to the constitution under article 31a. ..... in mohinder singh gill v. chief election commissioner : [1978]2scr272 ; maneka gandhi (mrs.) v. union of india : [1978]2scr621 ; olga tellis v. bombay municipal corporation : air1986sc180 charan lal sahu v. union of india, : air1990sc1480 . 255. so far as the first contention of the respondents is concerned, it is ..... the relevant consideration. 28. in damomal kausomal raisinghani v. union of india : air1967bom355 , the issue was raised about the territorial jurisdiction of the bombay high court, in respect of a petition challenging the order made under the displaced persons (claims) supplementary act, 1954, verifying the claim of displaced .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)
..... spread over many years. some of the agreements were registered and the others unregistered. after the coining into force of the madhya pradesh abolition of proprietaryrights (estates, mahals, alienated lands) act, 1950, the government disclaimed the agreements and auctioned the rights afresh, acting under section 3 of the said act. the ..... of zamindaris situate in territories, then belonging to the state of madhya pradesh and on the reorganization of states transferred to the erstwhile state of bombay, granted to the petitioners right to take forest produce, mainly tendu leaves, from forests included in their zamindaris. the agreements conveyed to the petitioners ..... timber' contained in the webster collegiate dictionary occur-h ring in the passage from the judgment of vivian bose, j, in shrimati shantabai v. state of bombay. the relevant meanings of the term 'timber' given in the shorter oxford dictionary, third edition, are 'building material generally; wood used for the building of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1995P& H243; (1995)109PLR614
..... 2)(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 tamil nadu and kerala, any ..... was submitted that constitutional remedy like certiorari etc. are available to the petitioners. mere barring of remedy before the common law municipal courts by itself would not result in abolition of judicial scrutiny, nor necessitates provisions for alternative remedy though the act of 1992 does provide for it.7. right of appeal is a statutory right and can be ..... v. surat art silk cloth . v. union of india, air 1980 sc 1789, madhav rao scindiav. union of india, air 1971 sc 530, kamala mills v. state of bombay, air 1965 sc 1942 and ganga bai v. vijay kumar, air 1974 sc 1126.79. in view of the findings returned in the earlier part of the judgment that alternative .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... 2) to (6) of article 19 there could be no "removal or debilitation" of such rights.803. in golak nath case the punjab security of land tenures act, 1953 was challenged as violative of fundamental rights and as not being protected by the constitution first amendment act, 1951, the constitution fourth amendment act, ..... amendments of the constitution consequential on the formation of new states or alteration of areas, boundaries, or names of existing states, as well as on abolition or creation of legislative councils in states. fifth schedule contains provisions as to administration of controlled areas and scheduled tribes while sixth schedule contains provisions as ..... and allied matters, 1924-1969, p. 3. the karachi congress resolution, on fundamental rights and economic programme revised in the all india congress session of bombay in 1931 declare that in order to end the exploitation of the masses political freedom must include economic freedom of the starving millions. resolutions, supra pp. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1389; (1974)1SCC717; [1975]1SCR173
..... enable the minority to enjoy the same treatment as the majority, not only in law but also in fact. the abolition of these institutions, which alone can satisfy the special requirements of the minority groups, and their re placement by ..... establish an educational institution under article 30(1) is not confined to the purposes specified in article 29(1). [see the state of bombay v. bombay education society : [1955]1scr568 ;; in re. kerala education bitl : [1959]1scr995 ;; rev- father w. proost and ors. ..... against the teachers. such provisions which are calculated to safeguard the interest of teachers would result in security of tenure and thus inevitably attract competent persons for the posts of teachers. such a provision would also eliminate a potential ..... and receiving no recognition or aid. such an institution will, or course, be subject to the general laws of the land like the law of taxation, law relating to sanitation, transfer of property, or registration of documents, etc., because .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... opportunity of being heard or on compulsory retirement or in certain circumstances, subject to the conditions like re-employment on abolition of post. in motiram daka v. general manager : (1964)iillj467sc majority of seven judges' bench held that ..... rule clearly contravenes article 311(2) and must be held to be invalid. a permanent employment assures security of tenure which is essential for the efficiency and incorruptibility of public administration. in gurudev singh sidhu state of pepsu : ..... undertaking v. balbir saran goel : (1970)iillj20sc air india corporation v. rebellow : (1972)illj501sc ; municipal corporation of greater bombay v. p.s. malvankar : (1978)iillj168sc concern the industrial law wherein the validity of rules on the touch-stone of ..... is to be found in the federal and state constitutions. since constitutions are the superior law of the land, and because one of their outstanding features is flexibility and capacity to meet changing conditions, constitutional policy provides .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... the large estates compendiously known as zemindars, estates properly so-called in the terminology of the laws relating to land tenures in force in the various parts of the country. from the point of view of the abolition of the rights of the zemindars, who were really intermediaries between the state and the peasant, each zemindari could only be regarded ..... administer such property in accordance with law'. as pointed out in commissioner, ii. r. e. v. l. t. swamiar, air 1954 sc 282 and in halilal v. 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 ..... in the estate the question is answered by the decision of the supreme court in air 1959 sc 459. 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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... made to entry 18 of the state list, which is extracted hereunder:-'18. land, that is to say, rights in or over land, 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; colonization.'it is the emphatic contention of the learned counsel ..... the state or the landholder or the tenant. it is seen that restriction or extinction of existing interest in the land includes provision for abolition and extinguishment of the rights in or over the land. resumption of the estate is one of the objectives of the government and the act seeks to serve that object ..... deemed to have jurisdiction to entertain the claim projected by the petitioners in the instant case. it is, therefore, reiterated, by learned counsel, that the bombay high court, within whose jurisdiction the impugned order was passed can only rightfully entertain the controversy in hand.16. it is pointed out, that a transfer .....
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