Judgment Search Results Home > Cases Phrase: bombay personal inams abolition act 1952 maharashtra section 12 procedure before revenue tribunal Page 2 of about 580 results (0.403 seconds)

Shri Ishwara Sheku Nangare (Since Deceased by Heirs Shri Mahadeo Ishwa ...

Court : Mumbai

Reported in : 2006(4)ALLMR656; 2006(5)BomCR65; 2006(5)MhLj299

..... they were resumed by the state government on 1/1/1963 which was the appointed day under section of the maharashtra revenue patels (abolition of office) act, 1962 (for short inam abolition act). ..... the tenant, therefore, went in appeal before the special land acquisition officer, kolhapur, who was pleased to dismiss the appeal on 6/3/1978 and his revision application was also dismissed by the maharashtra revenue tribunal on 22/3/1979. ..... - (1) in respect of any tenancy created after the tills' day by a landlord (not being a serving member of the armed forces) notwithstanding any agreement or usage to the contrary, a tenant cultivating personally shall be entitled within one year from the commencement of such tenancy to purchase from the landlord the land held by him or such part thereof as will raise the holding of the tenant to the ceiling area. ..... as the lands were inam lands, the proceedings for statutory purchase of the land by the tenant could not be instituted and more particularly under section 32g of the bombay tenancy and agricultural lands act, 1948 (for short the tenancy act). ..... balakrishna keshav deshpande : air1992sc2197 , by referring to the scheme of section 28 of the bombay merged territories miscellaneous alienations abolition act, 1945, the supreme court stated that it does not confer any retrospective right on the landholder to claim any arrears of rent prior to the order of re-grant passed in favour of the landholder under section 7 of the abolition act. .....

Bhikhabhai A. Jadav and ors. Vs. Vaidya Gamanlal J.

Court : Gujarat

Reported in : (2001)1GLR663

..... attention of this court to section 73 of gujarat devasthan inam abolition act, 1969 and submitted that by virtue of this provision, provisions of the tenancy act as well as of gujarat agricultural lands ceiling act would be applicable even to devasthan inam land by virtue of operation of this act on 15-11-1969. ..... then carried in revision before the gujarat revenue tribunal which also came to be dismissed by the impugned order dated 18-1-1985 which was sought to be reviewed and the review application also came to be dismissed vide order dated 14-2-1986 and now, the petitioners are before this court.3. mr. ..... under section 32g, and there, the relevant date was 1-4-1957 whereas, for section 32(1b) relevant dates are 15-6-1955 to 3-3-1973.10.1 apart from this, the decision of the apex court relied upon by the respondent is rendered in respect of bombay tenancy and agricultural lands act, 1948 but the language of section 32(1b) as applicable to gujarat, is different than the language adopted in maharashtra act. ..... thereafter, the entire gamut and procedure of section 15(2) had to be followed and then only it can be said that the concerned tenant had surrendered ..... therefore, that when the respondent obtained possession of the land from the petitioner's father in 1962-63, and thereafter, remained in possession thereof in personal cultivation, she did not obtain possession of the land form the petitioner's father pursuant to any valid order of the mamlatdar under section 15(2) of the tenancy act. .....

Prahlad K. Modi and Others (Dead) by Lrs. Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR1995SC767; (1996)1GLR68; 1994(4)SCALE667; 1995Supp(2)SCC91; [1994]Supp4SCR468

..... is governed by the bombay personal inams abolition act, 1952 which came into force ..... by operation of section 4 of the act all personal inams shall be deemed to ..... it is seen that section 4 makes clear that notwithstanding anything contained in any usage, settlement, grant, sanad or order or a decree or order of a court or any law for the time being in force, with effect from and on the appointed date, all personal inams shall be deemed to ..... waste land and all uncultivated lands (excluding lands used for building or other non-agricultural purposes) which are situated within the limits of any inam village or inam land shall, except in so far as any rights of any person other than inamdar may be established in or over the same and except as may otherwise be provided by any law for the time being in force, vest in and shall be deemed to be, with all rights in ..... parekh, learned counsel for the appellant after a thorough preparation that section 5 of the act gives right to the inamdar of retaining the land subject to the payment of land revenue in accordance with the provisions of the code and the rules ..... the purpose of this section, land shall be deemed to be uncultivated if it has not been cultivated for a continuous period of three years immediately before the appointed date.3. ..... state of maharashtra (1967) ..... the meaning of the uncultivated land stating that if the land had not been used for a continuous period of three years immediately before the appointed date, it is an uncultivated land. .....

Marazban Jehangirji Patel Vs. the State of Maharashtra,

Court : Mumbai

Reported in : 2004(4)ALLMR446; 2004(4)MhLj682

..... as far as the former relief is concerned, the same is referable to the intimation sent by the parties within the meaning of section 149 of the maharashtra land revenue code, 1966 (hereinafter referred to as 'the said code'), which requires that any person acquiring any right, such as, occupant, lessee or otherwise, shall report orally or in writing about his acquisition of such right to the talathi within three months from the date of such acquisition. ..... the said lands being inam lands were governed by the bombay merged territories and area (jagir abolition) act. ..... while reversing the findings and conclusions reached by the lower authorities, it found that the procedure under section 36 of the said code was not complied with by the authorities below. ..... before the talathi records the proposed change in the register of mutation, having regard to section 150(2) of the said code, he is obliged to follow the prescribed procedure. ..... assuming that rule 32 would come into play, however, there is substantial compliance of that provision as well, inasmuch as it provides that before recording any entry, it postulates giving notice to the concerned person before recording the entry in the register of tenancies. ..... the appellate authority has recorded its satisfaction that necessary procedure has been complied with by the authority before effecting the subject mutation entry. .....

Jamsetjee Jeejeebhoy and ors. Vs. Bapurao Krishnaji Bhonsale and anr.

Court : Mumbai

Reported in : AIR1980Bom302

..... invited me to dismiss the petition was that the trustees had not exhausted their alternative remedy under section 16 of the act which provides for appeal to the maharashtra revenue tribunal against the collector's award. ..... the second inami grant dated 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. ..... of the petitioners, it was urged before the division bench that under section 5 read with section 29 of the limitation act, 1963, the tribunal had jurisdiction to condone delay. ..... filed a revision application before the maharashtra sales tax tribunal which was decided by the tribunal against the petitioners. ..... liable to payment of land revenue to the state government in accordance with the provisions of the act and in the case of land held by the superior holders under the second inam grant, the person in possession of such land and liable to pay rent and assessment to the superior holders under the terms of that grant immediately before the appointed day became primarily liable to the state government for the payment of land revenue due in respect of such land ..... was also urged by him that the trustees had not exhausted the remedy available to them by way of appeal before the maharashtra revenue tribunal and hence on this ground also the petition was liable to be dismissed.6. .....

Krishna Vishnu Deshmukh and ors. Vs. Revenue Minister, State of Mahara ...

Court : Mumbai

Reported in : 2006(6)MhLj515

..... karandikar, who is appearing on behalf of the petitioners strongly contended that the hon'ble revenue minister has totally not considered the provisions of section 20(2) of the maharashtra land revenue code, which reads as under:20(2) whether any property or any right in or over any property is claimed by or on behalf of the government or by any person as against the government, it shall be lawful for the collector or a survey officer, after formal inquiry of which due notice has been given, ..... the hon'ble minister of forests and revenue, by his letter dated 15th february, 1997 asked the district collector, pune to clarify whether the provisions of the mumbai merged territories miscellaneous vatan abolition act, 1955 would apply to the suit ..... belonged to the petitioners and it is their ancestral property and the same should be restored to them in accordance with the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955. ..... the matter in accordance with the provisions of section 20(2) of the maharashtra land revenue code, 1966 and submit a report within 15 ..... the sub divisional officer, maval sub division, maval district pune holds that the petitioners are entitled for the restoration of the lands, after holding an inquiry under section 20(2) of the maharashtra land revenue code, 1966. ..... , 2002 a government resolution was passed by the department of revenue and forests pertaining to the laying down various rules with regard to regrant of inam/vatan lands. .....

Tukaram Vs. Sayyed Zahurul-Haqu and Another

Court : Mumbai Aurangabad

..... this court held that for the purpose of inam abolition act it is necessary to ascertain as to who was lawfully in possession on the material date viz. ..... learned counsel for petitioner made another submission that if defendant is an encroacher then the procedure under section 54 of wakf act ought to have been followed and as that kind of procedure has not been followed, the tribunal does not get jurisdiction to decide the suit. ..... 321 [shriram mandir sansthan @ shri ram sansthan pusda v/s vatsalabai and others] some provisions of bombay tenancy act were considered by supreme court and it was held that when the property belongs to religious trust, like present one, the tenancy right is not inheritable. ..... though, some witnesses are examined and some record is produced to show that the persons of the village used to spend money to sacrifice an animal at the time of urs function, this record cannot be considered as record of accounts maintained by the defendant as manager. ..... it was a matter pending before sub division officer, the revenue authority to consider the aforesaid point. ..... no.127 of 2014 [ishtaque ali sayyad ali v/s maharashtra state wakf board and another] decided on 17th february, 2015. ..... a case reported as 1997 (4) all mr 303 [basharatulla son of syed asraf mohiuddin v/s the state of maharashtra and ors. .....

G.t. Girish Vs. Y Subba Raju (d) By Lrs

Court : Supreme Court of India

..... decision under section (3) of the karnataka village offices inam abolition act. ..... nho.is not ordinarily resident (living independently or with his family members).in the area within the jurisdiction of the board for not less than five years immediately before the last date fixed for making applications: provided that the persons who are domiciled in the state of karnataka but serving in the armed forces of the union outside the state of karnataka shall be eligible for allotment ..... course, no longer 113 the case in england, or in gujarat and maharashtra, where the doctrine only affects transactions pendente lite if the lis has ..... section 2(11) of the code of civil procedure, 1908 (cpc) defines legal representative to mean a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death ..... rights in the sir land there was, in their lordships' opinion, an implied covenant on his part to do all things necessary to effect such transfer, which would include an application to the revenue- officer to sanction the transfer.55. ..... section 61 of the karnataka land reforms act, 1961 provided that no land for which occupancy was granted, shall within 15 years of the order of the tribunal, ..... whether the enforcement of the contract, would defeat the provisions of the bombay tenancy and agricultural lands act, 1948. .....

Shivajirao S/O Eknathrao Kovale and ors. Vs. Syed Mehmood S/O Syed Niz ...

Court : Mumbai

Reported in : 2007(5)ALLMR132; 2007(5)MhLj641

..... inam land, the apex court held that the pre-existing right of interest held by the inamdar stood extinguished and, therefore, conferment of royatwari patta under section 7 read with section 3 of the andhra pradesh inams abolition and conversion into rayatwari act ..... enjoyment of the grant for a period of two years immediately preceding 15-8-1949, or in the case of cash grants, 2 years immediately preceding their abolition of cash grants act, 1952;(c) where the grant other than the cash grant was on 15-8-1949 under government supervision or, the enjoyment thereof remained under suspension, the claimant proves ..... act, the procedure prescribed for enquiries under section 19, the absence of any remedy under the act to those who were not parties to inquiries under section 19 but whose anterior or superior title would be concluded by the decision in that inquiry and the general scheme of the act, all tend to show that questions to title of the trust property are outside the scope of inquiry under section ..... of the trust after due inquiry under section 22-a of the bombay public trusts act by the competent authority and hence, the ..... section 2(k)(1) 'judi' or 'quit-rent' means the amount fixed by the payable to government by inamdar out of the land revenue assessed on inam land.obviously, judi inam would mean that the amount payable was fixed and it was out of the land revenue ..... aspects presented before us, ..... maharashtra ..... personal rights as such but came out with a case that the suit lands are inams .....

Shree Bhagvatacharya Narayancharya Public Trust Vs. State of Gujarat

Court : Gujarat

Reported in : AIR2001Guj208; (2001)2GLR1356

..... state of bombay, reported in air 1961 sc 288, while dealing with the constitutionality of the bombay personal inams abolition act, 1953, held that inams are estates within the meaning of the expression 'estate' ..... 1980, 3606 of 1980, 1226 of 1983 and 1227 of 1983, the petitioners seek a declaration that all the provisions of the gujarat devasthan inam abolition act, 1969, more particularly section 8 thereof, as well as the provisions of the said amendment act of 1977 are void and unconstitutional. ..... open to challenge, whether section 9 of the gujarat devasthan inam abolition act, 1969 provides for compensation for abolition of rights of inamdar which are extinguished as per the provisions of section 8 of the gujarat devasthan inam abolition act, 1969? ..... hereby abolished; (b) save as expressly provided by or under this act, all rights legally subsisting immediately before the said day, in the devasthan inams so abolished and all other incidents of such inams shall be and are hereby extinguished; and (c) subject to the other provisions of this act, all devasthan lands shall be and are hereby made liable to the payment of land revenue in accordance with the provisions of the code and the rules made ..... it was held that the unconstitutionality of the act was not cured by framing of the maharashtra vacant lands (prohibition of unauthorised occupation and summary eviction) (service of ..... in that case the maharashtra vacant lands (prohibition of unauthorised occupation and summary eviction) was .....