Judgment Search Results Home > Cases Phrase: bombay personal inams abolition act 1952 maharashtra section 12 procedure before revenue tribunal Page 1 of about 580 results (0.312 seconds)

State of Maharashtra Vs. Narayan Laxman Thatte and ors.

Court : Mumbai

Reported in : 1982(1)BomCR52

..... an interesting question arises in this appeal relating to the interpretation of section 9 of the bombay personal inams abolition act, 1952 and its effect upon the facts of this case. ..... it is equally significant that the provisions of section 37 of the bombay land revenue code which was in existence on the data when inam abolition act came into force have been practically reproduced in section 7 of the inam abolition act, but significantly enough no provision corresponding to provision of section 48 of the new land revenue code had been incorporated, by suitable amendment in the old bombay revenue code before the advent of the inam abolition act nor has it been incorporated in any part of the said inam abolition act. ..... just a casual glance at the provisions of section 20 of the maharashtra land revenue code is enough to show that the said section 20 of the new code is practically the re-enactment of section 37 of the old bombay land revenue code. ..... old section 37 of the bombay land revenue code, was however, re-enacted practically verbatim in section 20 of the new maharashtra land revenue code. ..... said section of the bombay land revenue code was subsequently repealed by the maharashtra land revenue code, 1966. ..... it will be also interesting to find out the legal and constitutional position relating to the right of the government to the mineral deposit before the advent of the maharashtra land revenue code, 1966. .....

Indirabai Narayan Bivalkar, Deceased Through her L.Rs. and Others Vs. ...

Court : Mumbai

..... state of maharashtra (1965 mh.l.j.462) this judgment deals with bombay personal inams abolition act, 1952, specifically sections 5 and 7 wherein it is observed by the division bench of this court that the land in possession of an inamdar which was not cultivated but which naturally grew grass for fodder does not vest in the state under section 7 of the inams abolition act as it is saved by section 5. ..... the case of the state of maharashtra and cidco is as under:- it has been the respectful submission of respondent no.1, thus that the lands which form the subject-matter of the present dispute before this hon'ble court vested in respondent no.1 by virtue of the inam abolition act. ..... bombay revenue tribunal and ors.7 the apex court in this case also dealt with the provisions of bombay personal inams abolition act and specifically sections 4, 5, 10 and 17. ..... there is nothing to show that they have followed the procedure before declaring the land in question as forest land which is the basic requirement for passing and/or granting compensation under the forest act. .....

State of Gujarat Vs. Thakor Dolatsinh Jivansinh

Court : Gujarat

Reported in : (1979)1GLR346

..... 527, had to 1 construe similar provisions contained in sections 5 and 7 of the bombay personal inams abolition act, 1953. ..... section 7 of the bombay personal inam abolition act so far relevant provided as under ..... , wherein the court construed similar provisions of the bombay personal inams abolition act, 1953. ..... as already pointed out, section 4 abolishes personal inam and the rights of inamdars with respect to such inams and section 5 makes all inam villages or inam lands subject to the payment of full assessment of land revenue in accordance with the code ..... the question involved is one of interpretation of sections 5 and 6 of the bombay taluqdari tenure abolition act, 1949 (hereinafter referred to as the act), which came into force on august 15, 1950 ..... learned judge held that under section 8 of the jagirs abolition act, all waste lands and all uncultivated lands situated within the jagirdari villages vested in' the government and under the explanation to the said section a land shall be deemed to be uncultivated if it had not been cultivated for a continuous period of 3 years immediately before the appointed day. ..... dissatisfied with this order of the collector, the plaintiffs preferred revision applications before the gujarat revenue tribunal and the order of the collector was upheld by the said tribunal. ..... of maharashtra (supra), has consistently taken the view that the lands like the suit lands would be governed by section 5 and not by section 6 of the act. ..... state of maharashtra 67 b.l.r .....

The Village Panchayat of Mamurabad Vs. the State of Maharashtra and or ...

Court : Mumbai

Reported in : AIR1978Bom4

..... at the same time, section 4 as well as section 5 of the said bombay inams abolition act specifically provide that such resumed lands shall be liable to the payment of land revenue under the provisions of the code and the rules made thereunder and further that the provisions of the code and the rules thereunder and further that the provisions fo the code (i.e. ..... 1 of clause (a) of section 4 of the bomaby revenue jurisdiction act was that although initially it was watan property, on the coming into force of the bombay inams abolition act, 1953, this property having ceased to be watan property any longer, para. ..... then a provision was also made in one of the sections for an appeal to the maharashtra revenue tribunal by a person who was aggrieved by the order of the award of compensation and in section 9 it was provided that the award made by the collector subject to an appeal to the bombay revenue tribunal and the decision of the maharashtra revenue tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any court.12. ..... 2 put forth his claim for regrant of the lands before the collector of jalgaon who rejected his claim by an order passed on october 11, 1956.14. ..... malojirao : [1952]1scr402 , radji v. .....

Govind Anantrao Upadhya and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2001(4)ALLMR449; 2001(3)BomCR587

..... further contended that section 2-a of the inam abolition act authorises the competent authorities to go into the status of person as tenant, but no procedure is laid down as regards the inquiry under the inam abolition act. ..... and the provisions of the land revenue act, 1317 fasli, relating to unalienated lands for purposes of land ..... act, appeal is provided to the deputy collector to challenge the order passed by the tahsildar and then the further revision lies to the maharashtra revenue tribunal. ..... of sub-section (2) of section 3 of the inam abolition act provides:'save as expressly provided by or under the provisions of this act and with effect from the date of vesting, the following consequences shall ensure, namely:- (a) the provisions of the land revenue act, 1317 fasli relating to inams, and the provisions of the hyderabad atiyat enquiries act, 1952 and other enactments, rules, regulations and circulars in force in respect of atiyat grants shall, to the extent they are repugnant to the provisions of this act, not apply ..... petitioners thereafter preferred second appeal before the bombay high court, bearing second .....

Maharashtra State Board of Wakf, Through Its District Wakf Officer Vs. ...

Court : Mumbai Aurangabad

..... in view of the powers given to the authority under the inam abolition act, which are subject to the limitations mentioned in section 1(2)(i), prima facie the decision of the authority created under the inam abolition act cannot come in the way of the wakf tribunal to decide the character of the suit property. ..... it appears that only due to order made by the authority under the inam abolition act, the tribunal has held that it is not possible for the plaintiff to make out prima facie case in this ..... board, hyderabad) it is laid down that wakf tribunal can decide the nature, character of wakf property and the authority under inam abolition act cannot adjudicate upon character of wakf property. ..... 6) it appears that many proceedings were going on in respect of the suit property, between inamdars, muntakhab holder and wakf board under land revenue code and also hyderabad abolition of inams and cash grants act, 1954 (hereinafter referred to as inam abolition act?). ..... in the present case, there is question of determination of rights of inamdar, mutawalli and as the defendant is claiming through such person, this proposition cannot be used for the defendant. ..... 20) wakf act 1954 was applicable to marathwada region of maharashtra including osmanabad where the property is situated ..... certified copy came to be produced before this court and it shows that even for the year 1977-78 the suit land was shown as ..... moinuddin) of bombay high court (aurangabad bench) similar observations are made by this .....

Balwant and ors. Vs. Annasaheb Bapusaheb Patil and ors.

Court : Mumbai

Reported in : AIR1978Bom64; (1978)80BOMLR27

..... it is thus, clear that notwithstanding the provisions contained in section 3 of the maharashtra revenue patels (abolition of office) act, 1962, which are in pari materla with the provisions of section 4 of the bombay merged territories miscellaneous alienations abolition act, 1956, and notwithstanding the conditions of the grant under the act which makes it partible with the sanction of the collector, the ratio in the pull bench decision cannot assist the plaintiffs, in the facts and the circumstances of the present case; and it must be held ..... 31, 1968, relying on certain unreported decisions of the high court, under the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955, which came into force on august 1, 1955 and which did not apply to the patilki watan lands in the present case as the patilki watan was abolished by the maharashtra revenue patels (abolition of office) act, 1962.10. ..... and the full bench, the personal law of hindus in the former karvir state, namely;(sic) the digest ofhindu law and the vat hukum whichgoverned the inam lands, the ratio inkalgonda's case will apply.20. ..... the land was situated at de-gaon, in north sholapur taltika of sholapur district and before the full bench the land was situated in the jaha-gir of ichalkaranji where the vat hukums did not apply.19. mr. ..... 229 and 231 of 1949 decided on 11-3-1952 (bom) by bavdekar and dixit, jj. .....

B.R. Vasudevamurthy S/O. H.D. Ramaswamy and ors. Etc. Etc. Vs. Hon

Court : Karnataka

Reported in : ILR2007(1)KAR1034; 2007(2)KCCRSN97; 2007(3)AIRKarR71(DB)

..... lands in question were vested with the state government under section 1(4) of the inam abolition act and in view of the rights conferred upon the inamdars under section 9 of the inams abolition act to claim occupancy rights upon the lands in question and the application of the inamdars in that connection was pending consideration before the land tribunal, the state government had no jurisdiction to exercise its power and grant the inam lands in favour of the sangha under the land grant rules ..... it is not the case of the petitioners that application was not filed by the inamdars before the land tribunal in respect of the lands in question within the prescribed time and therefore the rights of the inamdars upon the same did not extinguish as stated under section 10(3) sub-clause-(ii)(b) of the inams abolition act and the lands were absolutely vested in the state government and therefore the same were not available for disposal, therefore ..... further he has relied upon sections 2, 5, 6, 7, 8, 9 and 10 of the inams abolition act contending that land revenue is not levied for alienated village; it is imposed ..... of grant of lands in favour of eligible persons under the provisions of the land grant rules, certain procedure is prescribed, which is mandatory in nature. ..... [1996]1scr293 (state of maharashtra v. ..... state of bombay), as the said contract or agreement is void abinitio ..... bombay), and ilr (16) calcutta 98 (chand kour and ..... scr 777 (the state of bombay v. ..... bombay).air 2004 sc 1238 ( ..... bombay .....

The State of Maharashtra Vs. Narayan Shankar Hasabnis and ors.

Court : Mumbai

Reported in : AIR1974Bom300; (1974)76BOMLR347

..... personal inams were abolition act, 1952 (act ..... dated 18th march, 1954, informing the plaintiff that he should not collect any revenue from the khatedars direct as his personal inam had been abolished from the 1st of august, 1953. ..... plaintiff pointed out to the revenue officers that his was not a personal inam as was assumed in ex. ..... appeal has been referred to a division bench by a single judge of this court as it involves interpretation of some of the provisions of the bombay paragana and kulkarni watans (abolition) act, 1950 (bombay act, no. ..... wada, district thana, under this order the plaintiff was informed that his personal inam was abolished with effect from the 1st of october, 1953, regarding the villages tilgaon and kambre and he should call at the mamlatdar's office on 28th march 1954, at 11 ..... the courts below have held that the plaintiff-respondent is not liable to pay the amount, the state of maharashtra has filed this second appeal for obtaining an adjudication that under the provisions of the act as well as the bombay land revenue code, 1879 (hereinafter referred to as 'the code'). ..... fact, before the lapsing of five years from the coming into operation of the act, there is not only a total prohibition against the state from resuming physical possession of the land but on the contrary there is an obligation on the state to re-grant the land to the holder of the watan on the terms and conditions prescribed in sub-section (1) of section 4 of the act. ..... of the civil procedure code (ex. .....

Kalgonda Babgonda Patil Vs. Balgonda Kalgonda Patil

Court : Mumbai

Reported in : (1976)78BOMLR720

..... to above; but it revived on february 1, 1959 when the watans abolition act abolished the watans and made the lands rayatava lands subjecting them to the payment of land revenue under the provisions of the bombay land revenue code and the rules made there under as if they were unalienated ..... before him that a suit or partition of the lands by metes and bounds was not maintainable for want of sanction of the collector under sub-section (3) of section 5 of the watans abolition act ..... that under the vat hukums issued by the former kolhapur state, the lands in dispute in respect of which the decree for partition has been passed by the lower court, being sanadi inam lands, always vested in the kolhapur state; and thereafter in the government of bombay and government of maharashtra, and the lands were impartible since the kolhapur state issued vat hukum no. ..... us to understand what the learned judge means by saying that although the tenure or the character of holding as a watan land is changed, it does not affect the other incidents of the property according to personal law, when section 4(2) in terms says that 'all incidents appertaining to the said watans shall be and are hereby extinguished.'41. ..... the holder himself had lost all his rights till the lands were re-granted to him except the right of asking for re-grant, the incidents of the property under personal law appertaining to impartible property would survive the extinguishment of the tenure and resumption of the land by the state.38. .....