Judgment Search Results Home > Cases Phrase: bombay prevention of fragmentation and consolidation of holdings act 1947 maharashtra Page 1 of about 64 results (0.157 seconds)

Tatoba Bhau Savagave (Since Deceased by Heirs Smt. Tatoba Savagave) an ...

Court : Mumbai

Reported in : AIR1992Bom358; 1992(1)MhLj267

..... (4) nothing in the bombay prevention of fragmentation and consolidation of holding act, 1947, shall affect the termination of any tenancy ..... 3 of the maharashtra agricultural lands_(ceiling on holding) act, 1961 were ultra vires the powers of the ..... 3(2) of the maharashtra agricultural lands (ceiling on holding) act, 1961 as amended by maharashtra act 21 of 1975 and 6 of 1976 in so far as the word 'whether' in the first line and the words 'or any other pan of india' occurring in the second line are beyond the competence of the state legislature and consequently struck them down as having ..... shri gole, thelearned counsel for the first respondent-landlord contends that in the scheme of the provisions of the bombay tenancy act it would be totally impermissible to look to the holding, if any, of the first respondent outside the state of maharashtra. ..... landlord, obviously, is that such a land in his possession outside the state of maharashtra should not be calculated in his holding for the purpose of determining the ceiling area under clause (a) of sub-sec. ..... 43-1b of the tenancy act the holding of the first respondent even outside the state of maharashtra was liable to be included for the purpose of calculating the total land in his actual possession equal to the ceiling area as contemplated by clause ..... person was an agriculturist from outside the state of maharashtra and intended to purchase the land within the state of maharashtra he should comply with the requirement of the provisions .....

Arun Ashruba Mhaske Vs. Atmaram Dattu Mhaske and ors.

Court : Mumbai

Reported in : 2007(5)ALLMR167; 2007(6)BomCR793; 2007(4)MhLj157

..... -- (1) subject to the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947, a holding may be partitioned on the decree of a civil court or an application of co-holders in the manner hereinafter provided.(2). ..... the collector or his subordinate officer is required to divide the holding and apportion the holdings in accordance with the rules, namely; maharashtra land revenue (partition of holdings) rules, 1967 ('rules of 1967'). ..... sub-rule (9) lays down that when any holding is ordered to be partitioned under a decree or order of the civil court, the provisions of rules 5, 6 and 9 shall apply, as they apply in relation to partition of holding on the application of a co-holder. ..... section 85 of the maharashtra land revenue code, 1966 ('code of 1966') is relevant and it reads as:85. ..... a co-holder also can apply to the collector for partition of his share in the holding which is further clarified under section 85(2) of the code of 1966. ..... bare perusal of section 85(1) of the code of 1966 shows that a holding may be partitioned on the decree of a civil court or an application of co-holders in the manner hereinafter provided. ..... 83 of 1992, contending therein that they have filed second appeal in the high court and that there is no stay or any reason to stop execution of the decree and therefore, they seek execution of the decree against judgment debtors 4 and 5 in terms of the report of the district inspector of land records ('dilr'). .....

Shankar Yeshwant Kadam Vs. Khashaba Nana Nimbalkar and Another

Court : Mumbai

Reported in : 1998(2)ALLMR226; 1998(3)BomCR222

..... 32-c empowers the tenant to chose the land to be purchased if he holds lands separately from more than one landlord and inspite of anything contained in the bombay prevention of fragmentation and consolidation of holdings act, 1947 (bombay lxii of 1947) the tenant shall be deemed to have purchased even such fragments of the land held on tenancy (section 32-d). ..... under section 32-a the tenant shall be deemed to have purchased the lands upto the ceiling area and the tenant shall not be deemed to have purchased lands held by him as such tenant if he hold lands partly as owner and partly as tenant but the area of the land held as owner is equal to or exceeds the ceiling area (section ..... was also made for disposal of balance of lands after purchase by tenants and the basic idea underlying the provisions of the impugned act was to prevent the concentration of agricultural lands in the hands of landholders to the common ..... the attempt to overcome this position by urging that the order was erroneous was rightly repelled by the high court holding that the orders were null and void, proceeding on an erroneous assumption of a jurisdictional fact that the recorded owner was a minor on the tillers ..... is submitted that chapter iii-aa was inserted in the act by maharashtra act 39 of 1964. ..... 264/(2) pune passed by the maharashtra revenue tribunal dated 13th december, 1983 be quashed and the original application for restoration of possession of the suit lands filed by the petition be granted with costs .....

Shri Chandmal Dongarmal Shelot and Shri Prakash Dongarmal Shelot Vs. S ...

Court : Mumbai

Reported in : AIR2003Bom445; 2003(4)ALLMR513; 2003(6)BomCR670

..... partition:- (1) subject to the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947, a holding may be partitioned on the decree of a civil court or an application of co-holders in the manner hereinafter provided ..... collector, rajgurunagar, pune, against the order of tahsildar, khed (pune) dated 22nd march, 2001 which is impugned in the petition, the collector shall take the said appeal on file after condoning the delay and decide the same within a period of three months from the date of filing of the appeal by the petitioners in accordance with law.writ petition is accordingly disposed of. ..... (3) the collector may, after hearing the co-holder divide the holding and apportion the assessment of the holding in accordance with the rules made by the state government under this code ..... that though it is true that the revenue officers have to effect partition after preliminary decree is passed, the impugned order, which has been passed by the competent authority, is under the provisions of section 247 of the maharashtra land revenue code, 1966 and, hence the present petition is not tenable. ..... in this connection, it is necessary to have a look at section 247 of the maharashtra land revenue code which provides for appeals and appellate authorities. ..... this connection, it is also necessary to have a look at section 85 of the maharashtra land revenue code. ..... section 85 of the maharashtra land revenue code, sofar as it is relevant for the present purpose, reads thus .....

Balkisan Manekchand Zaver and others Vs. Jalgaon People's Co-operative ...

Court : Mumbai

Reported in : 1998(2)ALLMR689; 1998(3)BomCR70; (1998)1BOMLR279; 1998(2)MhLj147

..... 2, the auction sale of the subject land was not in contravention of the provisions of the bombay prevention of fragmentation and consolidation of holding act, 1947 (hereinafter referred to as the act of 1947 for short), though the land was transferred without a sale-deed being registered, in view of section 53-a of the transfer of property act, the sale cannot be treated to be invalid and the bank was debarred from claiming any right in respect of subject land, the reference of dispute made by the petitioners before registrar, co-operative societies which subsequently came ..... when a special statute like the maharashtra co-operative societies act and the rules framed thereunder mandate that the auction sale amount is required to be paid within a prescribed time and the sale-deed has to be signed and registered again within a stipulated time and the sale has to be confirmed by the registrar, the provisions of section 53-a of the transfer of property act cannot be made applicable to hold that the transfer by sale of the suit land in favour of respondent no. ..... but permission to file another suit should not be given because there is no formal defect in the plaintiffs' suit and because under the provisions of the maharashtra co-operative societies act the plaintiffs have to file a suit before the registrar and it is only the registrar exercises his discretion to refer the parties to civil court that the plaintiffs' suit will come to civil court. .....

Dinu Govinda Kadam Since Deceased Through His Heirs and Legal Represen ...

Court : Mumbai

Reported in : 2009(6)MhLj45

..... it is contended on behalf of the defendant/appellant that the plaintiffs were not the cultivators and, therefore, they could not purchase the land and that the sale deed would be in violation of the provisions of section 31 of the bombay prevention of fragmentation and consolidation of holdings act, 1947 (for short 'the said act') as it stood prior to the amendment by maharashtra act no. ..... the second appeal was admitted on the following ground taken in the grounds of appeal:(7) the lower appellate court failed to consider the provisions of the prevention of fragmentation and consolidation of holdings act, prior to amendment by maharashtra act 41 of 1977 as applicable to the land presently in dispute, because, if the decree is passed directing sale of the said land to the plaintiffs, and sale is effected, such sale would be hit by section 31 of the said act, and would be against the provisions of law.2. ..... restrictions on alienation and sub-division of consolidated holdings:(1) notwithstanding anything contained in any law for the time being in force, no holding allotted under this act, nor any part thereof shall save as otherwise provided in this section(a) be transferred, whether by way of sale (including sale in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land .....

Shri Dattu Appa Patil (Since Deceased, by Legal Heirs and Representati ...

Court : Mumbai

Reported in : 2006(6)ALLMR421; 2006(6)BomCR246

..... in 1962, the consolidation scheme framed under the bombay prevention of fragmentation and consolidation of holdings act, 1947 (for short, 'the said act') came to be applied to village ..... he submitted that rule 11 of the bombay prevention of fragmentation and consolidation of holdings rules, 1959 lays down the procedure to be followed while allotting new plots to ..... aggrieved by this order, the petitioners filed revision application under section 35 of the said act before respondent 1 - the additional chief secretary and officer on special duty (appeals), revenue and forest department, government of maharashtra. ..... state of maharashtra : 1984crilj1909 where while dealing with an argument whether a division bench of three judges can purport to overrule the judgment of a division bench of two judges, the supreme court observed that the court sits in divisions of two or three judges for the sake of convenience and it may be inappropriate for a division bench of three judges to purport to overrule the decision of a division bench of two judges. ..... the instant writ petition filed under articles 226 and 227 of the constitution of india, the petitioners have challenged order dated 5/3/1994 passed by respondent 2 - the settlement commissioner and director of land records, pune, and order dated 13/10/1995 passed by respondent 1 - the state of maharashtra. 2. ..... the present case, the impugned order of the additional chief secretary, government of maharashtra is passed under section 35 of the said act. .....

Sardarkhan Rahimkhan Pathan Vs. State of Maharashtra

Court : Mumbai

Reported in : 1982(1)BomCR319

..... as per the provisions of section 85, whenever a holding has to be partitioned on a decree of a civil court or on application of co-holder such partition is always subject to the provisions of bombay prevention of fragments and consolidation of holdings act, 1947. ..... it has come in the evidence of the complainant that as soon as he showed the certificate from the mamlatdar as required under section 85 of the maharashtra land revenue code, the entry was made in favour of the complainant on the same day. ..... he, therefore, gave a note (exhibit 16 and asked the complainant to bring a certificate from the mamlatdar under section 85 of the maharashtra land revenue code. ..... the accused had given a note (exhibit 16) to the complainant on the basis of which the complainant produced permission from the mamlatdar under section 85 of the maharashtra land revenue code. ..... accused, therefore, asked the complainant to bring this permission under section 85 of the maharashtra land revenue code.21. ..... 700/- for expenses, admittedly, the accused has handed over a note (exhibit 16) to the complainant asking him to bring permission from the tahsildar under section 85 of the maharashtra land revenue code. ..... state of maharashtra, 1973 m l j 931 can also be distinguished. ..... state of maharashtra, (1973) m l j 921 where it was held that even if the accused accepts money for depositing in post office in the name of the complainant as regard for effecting entry in mutation register, he is guilty under section 161 of the .....

Damodhar (d) Thr. Lrs. Vs. Tejrao Bajirao Mhaske And Ors.

Court : Supreme Court of India

..... to contend that the plaintiff is disentitled to any relief as sought for, he would also raise two other contentions; firstly, based on the provisions of maharashtra prevention of fragmentation and consolidation of holdings act, 1947 (hereinafter referred to as fragmentation act ) and secondly, in the light of the provisions under section 10 of the bombay money lenders act, 1946, which get attracted owing to the facts that he is an original farmer owning only less than 2 hectares of land and that his annual income is less than rs.1200/-. ..... whether the defendant no.2 has established that the sale deed at exh.128 was nominal and by way of collateral security and the said transaction was hit by the provisions of section 8 of the maharashtra prevention of fragmentation and consolidation of holdings act?. [3]. ..... we made this statement because the page 20 of 40 civil appeal no.930 of 2023 first proviso to section 9(3) of the fragmentation act would reveal that the automatic voidness would not be attracted to a transfer of land contrary to the provisions of the fragmentation act, if it was made on or after 15th day of november, 1965 and before the date of commencement of maharashtra prevention of fragmentation and consolidation of holdings (amendment) act, 2017 and that apart, section 31, referred therein, which puts bar for sale, makes it clear under clause (iii) sub-section (3) thereof, that .....

Rambhau Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1988(4)BomCR511

..... last contention raised on behalf of the petitioner for the first time in the instant writ petition again is that under the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947 (for short, 'the consolidation act') the suit fields were allotted to the petitioner pursuant to the consolidation proceedings initiated under the said act and the title is conferred upon the petitioner by a certificate dated 15-6-1983 issued under section 24(1) of the consolidation act. ..... it is, however, urged that section 31(1) of the consolidation act also contains a non-obstante clause by reason of which no holding allotted under the said act can be transferred or sub divided without the previous sanction of ..... however, the learned counsel for the petitioner has relied upon the certificate of ownership issued by the consolidation officer on 15-6-1983 and it is his submission that since it is a public document he should be allowed to make his submissions on the basis of ..... regard it is pertinent to see that clause (b) of section 31(1) of the consolidation act expressly inhibits the sub-division whether under a decree or order of a civil court ; or any other competent authority, so as to create a fragment. ..... a writ petition arising out of the proceedings under the maharashtra restoration of lands to scheduled tribes act, 1974 (for short, 'the restoration act'). ..... counsel for the petitioner has first urged before me that before the maharashtra revenue tribunal (for short. .....