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The Trustees for the Improvement of Calcutta Vs. Chandra Kanta Ghosh

Court : Mumbai

Reported in : (1920)22BOMLR586

..... a special argument that section 42 should be limited to cases of severance was based on the terms of section 49 of , the land acquisition act, 1894, as read in conjunction with section 42 and section 78 of the calcutta improvement act, 1911. ..... the meaning of the phrase 'injuriously affected' was well known in compensation law and practice when the calcutta improvement act was passed and the phrase occurs in section 23 of the land acquisition act, 1894. ..... the respondent brought the present suit for a declaration that the appellants had no power under the provisions of a road improvement scheme, framed under the calcutta improvement act of 1911, to acquire certain land owned by him, and that all proceedings in connection with the acquisition of such land were ultra wires and of no effect. ..... the decision of the appeal depends upon the construction to be placed on certain sections of the calcutta improvement act, 1911, an act under which improvement schemes for calcutta may be framed by the appellants (therein called the board) and sanctioned by the local government. ..... 'land' is defined to have the same meaning as in the land acquisition act, 1894, in which the expression 'land' includes benefits to arise out of land; but apart from this definition, land would, using language in its ordinary natural sense, be said to be affected by the execution of a scheme, whenever its value .....

Anchor Industries and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1989)1CALLT233(HC)

..... i of 1894, being land acquisition act, 1894, issued by the 1st land acquisition collector, calcutta, being notice no. ..... in my view, no proper notification under section 4 has been issued by the land acquisition authorities, in terms of the provisions of the land acquisition act, 1894, as the authorities had described the land/premises, in question, with reference to the obsolete c.s. ..... the impugned land acquisition proceeding starting from the notification under section 4 and the declaration, under section 6 and the notice under section 12(2) of the land acquisition act, 1894, are liable to be set aside by issue of appropriate writ in the nature of certiorari.57. ..... 24620-la, dated 30.9.75 was published and public notice of the said notification was made by 1st land acquisition collector, calcutta on november 13, 1976, enquiry was made under section 5a of the land acquisition act, and on the basis of the said enquiry report, a declaration under section 6 of the said act was duly made and published in the official gazette bearing no. ..... it is the further case of the writ petitioners that within the city of calcutta, the relevant act, being inapplicable, there was no question of either preparation or maintenance of such record of rights or assignment of any dag number to any particular plot of land. .....

illa Roy Chowdhury Vs. Shyamali Das and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2903; 2008(4)AWC3446(SC); (SCSuppl)2008(4)CHN160; 2008(5)CTC656; [2008(3)JCR65(SC)]; JT2008(11)SC39; 2008(8)SCALE371; 2008AIRSCW4783; AIR2008SC2903; 2008(3)LH(SC)1864

..... an application to the district magistrate, south 24-parganas on 8.8.2001 stated to be the application under section 30 read with section 31 of the land acquisition act, 1894 without any document of ownership of the said land. ..... other hand, as per order dated 22.9.2000 of hon'ble single judge of the high court at calcutta dated 22.9.2000, she could not produce any proof of service of copy of w.p. no. ..... , however, which arises for consideration is what would be the effect of the order of the calcutta high court allowing the first respondent to file an appropriate application before the collector for reference in terms of sections 30 and 31 of the act which was a conditional order. ..... 2 as also the other concerned respondents, added therein to dispose of the first respondent's application for reference in terms of sections 30 and 31 of the land acquisition act, 1894 (hereinafter referred to as `the act').2. ..... aforementioned premise, the contesting respondents herein filed a writ petition before the calcutta high court which was registered as writ petition no. ..... given an opportunity to file the same by the calcutta high court in terms of its order dated 22-9-2000 ..... is directed against a judgment and order dated 20th december, 2006 passed by the high court of calcutta in writ petition no. ..... had not submitted any proof of service of writ petition and copy of order dated 22.9.2000 to other non- appearing respondents as per order dated 22.9.2000 of hon'ble single judge of the high court at calcutta.17. .....

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... earned by him on board the ship and for disbursements made by him on account of the ship;(ix) any claim in respect of a mortgage of any ship, being a mortgage duly registered in accordance with the provisions of the merchant shipping acts, 1894 to 1923, or in respect of any mortgage of a ship which is, or the proceeds whereof are, under the arrest of the court;'(x) any claim for building, equipping or repairing, a ship, if at the time of the institution of the ..... of this court in shah babulal khimji's case (supra) has been considered in some details by a special bench of the calcutta high court in tanusree art printers and anr. v. ..... sankar prosad sahani : air1972cal469 the calcutta high court held that an order refusing to grant an injunction restraining execution of the judgment-debtor was a judgment within the meaning of ..... upendra mohan roy : air1935cal35 , the calcutta high court held that an order refusing to appoint a receiver is determinative of a right of the plaintiff and would accordingly be a ..... pratap upon a decision of the calcutta high court in prahladrai agarwalla and ..... the view taken by the calcutta and bombay high count that an order passed in terms of order 37 of the code of civil procedure granting leave to defend would not be a judgment within the meaning of clause 15 of the letters patent may not be of ..... of the decision of this court in shah babulal khimji , as regard scope and ambit of the word 'judgment' had not been noticed by the calcutta high court.123. .....

Shibapada Tripathy and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1977Cal322

..... the mouza numbering 160 thereupon moved an application in this court under article 226 of the constitution challenging the acquisition and for appropriate writs commanding the respondents the state of west bengal and the calcutta port trust to show cause why the notices for possession should not be cancelled and directing them not to take possession of the properties of the petitioners until they were provided with suitable accommodation ..... of haldia dock, lands of residents in mouza debhog whereon, it was alleged, their homes and hearths were situated, were acquired under the provisions of the land acquisition act, 1894 by the state of west bengal(sic) the board of trustees for the port of (sic) cutta (hereinafter referred to as the (sic)cutta port trust'). ..... the land, it is requested that arrangement may please be made to allot 4 cottahs plot without any development,to each of the affected families of mouza debhog on prior payment of pro-rata acquisition costs thereof to the calcutta port commissioners out of the 30 acres of land adjacent to the township area which is provisionally earmarked for the purpose by the ..... letter of january 8, 1974 communicated its decision to tile collector of 24-parganas to allot plots to the affected families of the mouza debhog for rehabilitation out of lands adjacent to the town area to be obtained from the calcutta port trust, on payment of coats of acquisition, and 4 cottah plot without, development was to be allotted to each affected family.3. .....

Assuncena Do Rego (Mrs.) Vs. Simplicio P.C. Fernandes and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR49; 2008(6)BomCR304

..... biakchhawna : (1995)1scc156 referring to the land acquisition act, 1894, the apex court stated that:the scheme of the act envisages that on making an application under section 18, making a reference under section 18 of the act in the manner prescribed under section 19 to the court is mandatory and is sine qua non for the court to proceed 'thereupon' since it gets jurisdiction to issue a notice to the persons enumerated therein specifying the ..... publication of notification and declaration within limitation and procedural steps of publication in papers and the local publications envisaged under the act as amended by act, 68 of 1984.thus it could be seen that the act is a complete code in itself and is meant to serve public purpose we are therefore inclined to think, as presently advised, that by necessary implication the power of the civil court to take cognizance of the case under section 9 ..... by notification issued under section 4(1) of the land acquisition act, 1894 and award dated 4/10/1985, the government acquired vast land situated at calapur ..... section 18 of the land acquisition act, 1894 provides that:(1) any person interested who has not accepted the award may, by written application to the collector, require that the matter be referred by the collector for the determination of the court ..... observed that a person claiming a part of the compensation awarded by the collector in land acquisition proceedings under the land acquisition act, 1894 is entitled to file a civil suit.18. .....

Achintya Ghosh Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(4)CHN705

..... under section 4(1) of the land acquisition act, 1894 dated 23-10.2003 issued to the petitioner by the 1st land acquisition collector, calcutta pursuant whereto the petitioner filed an objection ..... of the said period of two years raise any construction on the basis of the building permit because it exhausts itself by passage of time and in terms of sub-section (3) of section 398 of the act, a fresh sanction has to be applied for from the municipal commissioner and provisions of section 398 is made applicable in relation to a notice for fresh sanction as it applied in relation to the original notice. ..... written by the assistant secretary to the government of west bengal, land and land reforms department, the 1st land acquisition collector, calcutta was requested to drop the land acquisition proceeding initiated for acquisition of the said premises and an action taken report was directed to ..... of a park and, therefore, this court holds that it would now be open to the petitioner to apply for fresh sanction of the municipal commissioner by giving notice under section 393 of the act for erecting a building on it and if such notice is given, appropriate action in accordance with law shall follow.17. ..... granted by the municipal commissioner a person intending to build can commence erection of the building in accordance therewith and in the process he would be bound not to contravene any of the provisions of the act or the rules framed thereunder or any other law in force for the time being. .....

Ballabhdas Agarwala Vs. J.C. Chakravarty

Court : Supreme Court of India

Reported in : AIR1960SC576; 1960CriLJ752; [1960]2SCR739

..... force in the municipality of howrah or against any rule or by-law made thereunder which, under any enactment for the time being in force, may lawfully be compounded; (c) admit, compromise or withdraw any claim made under the calcutta municipal act, 1923, as in force in the municipality of howrah or under any rule or by-law made thereunder; and (d) obtain such legal advice and assistance as they may from time to time think it necessary or expedient to obtain, ..... or withdraw any claim made under the calcutta municipal act, 1923, as in force in the municipality of howrah or under any rule or bye-law made thereunder; and (d) obtain such legal advice and assistance as they may from time to time think it necessary or ..... it is in these terms: "the commissioners may- (a)institute, defend, or withdraw from legal proceedings under the calcutta municipal act, 1923, as in force in the municipality of howrah or under any rule or byelaw made thereunder; (b)compound any offence against the calcutta municipal act, 1923, as in force in the municipality of howrah or against any rule or bye-law made thereunder which, under any enactment for the time being in force, may lawfully be compounded; (c)admit, compromise ..... counsel for the respondent strongly relied, dealt with the provisions of the diseases of the animals act, 1894. .....

Amiya Gopal Hazra and ors. Vs. 2nd Land Requisition Collector and ors.

Court : Kolkata

Reported in : AIR1964Cal587

..... on or about 24th january, 1957 a notify cation was issued under section 4 of the land acquisition act, 1894 in the following terms:'whereas it appears to the governor that land is likely to be needed for a public purpose, not being a purpose of the union, namely, for the settlement of immgrants migrated to the state of west bengal on account of ..... thereafter there was also a declaration under section 6 of the said act which declaration was published in the calcutta gazette of 25th february, 1960 through notification no. ..... he conceded that since the proceedings are under the land acquisition act the fact or validity of the 'public purpose' for which the land acquisition proceedings had been initiated is not justiciable. mr ..... the notification was published in the calcutta gazette of 24th january, 1957. ..... this construction would render those provisions in the land acquisition act which refer to an 'appropriate government' in connection with land acquisition proceedings senseless and redundant ..... 49 of the calcutta municipality, in the city of calcutta, it is hereby notified that a piece of land comprising premises nos ..... even confining our attention to the land acquisition act, the appropriate government for the settlement of immigrants' migrated to the state of west bengal will certainly be the government of west bengal.9. mr ..... 49 of the calcutta municipality.'3. ..... the short facts of the case are as follows: the petitioners are joint owners of a piece of land within the municipal area of calcutta. .....

Indore Development Authority Vs. Shailendra (Dead) Through Its Lrs. An ...

Court : Supreme Court of India

..... amount being deposited in court since the time immemorial in most cases where reference is not sought, amount had been invariably deposited in the treasury 64 as provided in statutory rules framed under section 55 of act of 1894 and other standing order issued by state governments, and there were decisions of this court which have simply laid down that in case landowner is not responsible for delay in payment, at the most he ..... of five years has to be counted or not, it should be clarified that it will apply only to cases where awards were passed under section 11 of the land acquisition act, 1894, 5 years or more prior to 1.1.2014 as specified in section 24(2) of the act, to avoid any ambiguity.since this legislation has been passed with the objective of benefiting the land-losers, this interpretation is consistent with that objective and also added as a ..... shree balaji (supra) a division bench of this court has opined that their conscious omission made by the legislature in section 24(2) of act, 2013 to exclude the period covered by the interim order of the court staying the acquisition proceedings, this court has observed that in the act of 1894 by making amendment 115 of the provisions contained in sections 6 and 11a by providing extension of period of limitation the period during which ..... calcutta high court held that the collector s mistaken payment to the tenant, and the failure of the collector to deposit in court, does not bar a reference under section 18 of the 1894 .....