Court : Mumbai
Reported in : AIR1967Bom394; (1967)69BOMLR490; 1967MhLJ450
..... as defined in the central provinces land-revenue act, 1881, and the zamindar of any zamindari in a scheduled district and includes a muafidar, jagirdar, ubarider or other assignee of land-revenue, and any person not hereinbefore specified who is interested in land and belongs to a class of which the state government has declared the members to be land-holders for the purposes of this act; provided that a person who is a government ward immediately before the vesting of his proprietary rights in the state under section 3 of the madhya ..... similarly, if a permission or authorization of the court of wards is considered necessary for purposes of a suit contemplated by section 33 by a claimant to the property, the same anomalous position will arise. ..... under section 32 no government ward can make an adoption, unless a permission in writing is given to the ward itself, without the consent of the state government obtained previously or subsequently to the adoption. ..... to manage their own property owing to- (i) their having entered upon a course of wasteful extravagance; or (ii) their failure without sufficient reason to discharge the debts and liabilities due by them; provided that no such declaration shall be made unless the state government is satisfied; (a) that the aggregate annual interest payable at the contractual rate on the debts and liabilities due by the zamindar exceeds one-third of the average annual profits of the preceding five years; and ..... court of wards act, 1899. . . . . . . .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR187; [1960]11STC399(Bom)
..... state, the only relevant order of appointment relied upon is exhibit p-16 which runs as follows :'in exercise of the powers conferred by section 3 of the central provinces and berar sales tax act, 1947 (xxi of 1947) the provincial government is pleased to direct that the district excise officers in charge of districts shall be the sales tax officers within the district to which they are attached for the purpose of receiving applications for registration and for issuing registration certificates under section 8 of the act ..... the fact necessary for the disposal of the appeal are as follows : the central provinces and berar sales tax act, 1947 (xxi of 1947) received the assent of the then governor-general on the 23rd may, 1947, and the assent was first published in the central provinces and berar gazette, extraordinary, on the ..... 37 of 1957 has been made to the court by the sales tax tribunal, bombay, under section 23(1) of the sales tax act and in it two questions have been referred to us, namely : (1) whether the authority who issued the registration certificate to the applicant had jurisdiction to do so, and if not, (a) whether the said registration certificate was not ..... the first appeal being for the period 1st june, 1947, to 30th september, 1951, will be partly governed by the provisions of the government of india act and partly by the provisions of the constitution. ..... of the applicant in the reference, messrs ganesh mahadeo lele, sharaf shop, nagpur, adopted the arguments of mr. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom231; (1958)60BOMLR180; ILR1958Bom493
..... the government of the former state of madhya pradesh by a notification published on 23rd october 1956 referred twenty-one demands of the employees of the corporation for arbitration to the state industrial court under section 39 of the central provinces and berar industrial disputes settlement act, 1947 ..... this is a petition under article 226 of the constitution for the issue of a writ of certiorari for quashing the award made by the state industrial court at nagpur on 3rd june 1957, and for issue of such orders and directions to to the respondents 2 and 3 prohibiting them from taking steps for implementing that award ..... we have not thought it necessary to discuss the argument of shri phadke based on the difference in the definition of 'industry' contained in the local act and that contained in the central act because, in our opinion, if there is any difference, it does not affect the conclusion that all the activities of the corporation are not excluded from the operation of the local act by reason of the fact that they are undertakings carried on by local authorities and even though they ..... ' it will be seen that this section contemplates existence of an industrial dispute. ..... reliefs other than those relating to pay-scales will also have to be restricted to these classes of ..... for, without such knowledge there will be no occasion for ascertaining whether there was an industrial dispute at all, or in other words, whether the dispute alleged between the parties was or was not an industrial .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR613
..... made under the central provinces government wards act, 1885, act ..... is) of the central provinces government wards act (xvii of 1885) ..... some further correspondence between the deputy commissioner, the commissioner of the nerbudda division, and the secretariat of the central provinces, and ultimately, on the 28th january 1891, the commissioner of the nerbudda division was informed by the secretariat that the chief commissioner had sanctioned the assumption by the court of wards, hoshangabad, of the management of the estate of maharajsingh and dulichand, malguzars of baherakhedi and other villages ..... not in their lordships' opinion necessary under section 18 of act xvii of 1885 that the actual mortgage to be made by the court of wards should be submitted to the chief commissioner for his sanction, nor was it necessary that the court of wards should have his sanction to ..... the judicial commissioner on the 7th may 1907, on appeal, slightly varied the decree of the district judge and added a declaration that the defendants will not be personally liable for any sum by which the sale proceeds of the mortgaged property may fall short of the amount due for the time being on ..... now dead, and his brother dulichand, a defendant to this suit, who described themselves as zamindars of baherakhedi, bagalkhedi, patlai, punwasa, bamuria, and sarora, pargana hoshangabad, made a written application to the deputy commissioner of hoshangabad, in which they stated that they were indebted to the extent of about rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577
..... the enactments relating to land revenue, for instance, the bombay ferries and inland vessels act, bombay hereditary offices act, bombay irrigation act, bombay general clauses act, bombay court of wards act, bombay public conveyances act, bombay co-operative societies act, bombay agricultural produce markets act, bombay warehouses act, bombay taluqdari tenure abolition act, bombay police act, bombay cinema (regulation) act, sub-section (3) empowers the state government by notification to amend or delete any entry in the schedule for the purpose ..... the law prevailing in the four districts of nagpur, wardha, bhandara and chanda was the central provinces land revenue act and the law prevailing in the four districts known as berar districts, namely, amravati, akola, buldhana and yeotmal, was ..... the statement of objects and reasons indicates that the increased tempo of development, land reforms measures and other administrative requirements of the state such as the need for coordination, supervision and decentralisation made it necessary that a supervising, coordinating and inspecting agency of a higher status and powers should be established at divisional headquarters and for this ..... published in the official gazette of 29-11-1962 issued by the commissioner under section 6 of the land acquisition act will also have to be quashed inasmuch as the said notification had been issued without following the procedure prescribed by law under section 5-a of the act. ..... had been adopted by mr.kukday .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom203; 1974MhLJ51
..... the provisions further indicate the class of persons known as 'tenure-holder' {section 1 (1) (20)} to mean the persons holding land from the state government as bhumiswami or bhumidhari and 'tenants' {section 2 (1) (19)} meaning persons holding land from a tenure-holder as an ordinary or an occupancy tenant under chapter xiv> the third class of persons were government lessees. ..... as to areas forming central provinces one may briefly consider the position under the central provinces tenancy act, 1920. ..... even thereafter in berar land revenue code, 1928, section 45 dealt with the government trees and forests and declared that except in so far as they are vested in persons, all trees, shrubs, brushwood and other natural products wherever growing shall vest in the crown and shall be disposed of in accordance with rules made under that code. ..... only because these happen to be standing and cultivated upon a holding of which a tenet becomes tenure-holder under a statute, it will not be reasonable to think that without anything more these trees and the rights therein should automatically pass to the tenant. ..... unless expressly or by necessary intendment the rights in property are clearly put under eclipse, the court is not competent to attribute such an intention to legislature to the prejudice of those who possess those rights. ..... specific provision was made by section 154 conferring a right upon a tenure-holder to make improvements which will take in planting of trees.22. .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1226
..... not surprised to learn that during all the years since the sanad, in many of which the court of wards have had possession and in all of which the government have had cognizance of the facts, no one apparently until the institution of this suit ever thought of maintaining that the possessions attached to the position of rajah were of the slender proportions ..... ' the two sons,' it is said, ' will succeed to the landed property of the late rajah in the central provinces and berar, and to the personalty in equal shares ..... lordships think that the original state of the records before the so-called corrections were made was that alone to which a court of law should have looked. ..... saheb was loyal towards the noble british government and the good behaviour and loyalty of that family during the mutiny has been proved and verified ; in recognition thereof the title of raja bahadur of deur together with the lands attached to deur has been conferred upon and given on this auspicious occasion, to that meherban himself and his heirs in succession whether begotten or adopted in perpetuity and the sanad thereof ..... ' that is to say, this letter was addressed to the persons acting as collectors in reference to all the estates with, in the bombay presidency which were the subject of issue in this ..... in 1899 the younger brother came of age, the property in the central provinces and berar was divided equally, and the bombay estate was treated as impartible and continued with the rajah as an appanage of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1949CriLJ363
..... 989 and 990reliance is placed on the appellant's behalf on section 2, court of wards act, 1899, which says that all orders issued under repealed enactments shall be far as may be, be deemed to have been issued under the new act, and on the strength of this it is argued that even if redemption took place under act xvii [17] of 1876 section 47 of act iii [3] of 1899 should be held to be applicable. ..... in force and be deemed to be an order made under this act and' any notification issued, appointment made or action taken under the central provinces and berar public safety (amendment) ordinance, 1948, shall, to the extent to which it is not inconsistent with this act be deemed to have been issued, made or taken under this act.it was urged that the effect of this sub-section is that as the order of detention can be deemed to have been made under this act, the proviso to section 4 comes into play and ..... reddy, storeman, bengal nagpur railway, nagpur, whose detention was ordered for a period of six months on 31st july 1948 by the provincial government, central provinces and berar, under; section 2(1)(a), c. ..... it is not, however, necessary now to order the release of the detenu, as we directed it on 29th october 1948 when we reserved the case for orders. ..... it was also stated that shri c. p. .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR776
..... this is an appeal from a decree of the court of the judicial commissioner, central provinces, dated december 15, 1933, which affirmed a decree of the additional district judge, raipur, dated march 16, ..... is not only undesirable to express any conclusion on this point but it is also unnecessary because their lordships are of opinion, for reasons they will presently state, that assuming the will governs the matter, as the appellant claims that it does, the adoption of rambharosa was not prohibited and was valid.11. ..... in this case, as has been already stated, the will was not available to the widow when she made the adoption and the trial judge found that its contents were not communicated ..... was to wait for seven years after the death of baboo rao dani and not merely for seven years from the date when the will was made to see whether the plaintiffs, who were the paternal uncle's sons referred to, would either 6f them have a son in which case he was to be adopted : that the adoption of rambharosa was within the seven year period computed as the plaintiffs said it ought to be computed.secondly. ..... if it is decided to take (a boy) in adoption, mauza kolar should be reserved for my wife and for the maintenance of the adopted boy (the property) should .afterwards be placed under the management of the court of wards or of panchas of whom vyenkat rao naik should be the ..... 25, 1920, .rambharosa the defendant was adopted by the widow purporting to act in accordance with her deceased husband's wishes .....
Tag this Judgment!Court : Mumbai
Reported in : [1939]7ITR670(Bom)
..... provinces act of 1916, the central provinces act, 1922 the punjab act iii of 1911, the bihar and orissa act vii of 1922, and a karachi act of 1923, in all of which a tax of this nature was authorised by the provincial government though admittedly with the consent of the governor-general it is argued that the legislature must have intended to enable provincial governments to continue to impose taxed of this nature when they included lands and buildings in item 42, and that, although existing taxed may be saved by section ..... the court adopted the principle which has been laid down in many cases in the privy council in relation to the construction of the british north america act, 1867, that the court must, if possible, reconcile conflicting items in the central and provincial lists before falling back upon the non-obstante clause in section 100 of the government of india act, and in applying that principle the court restricted the general works of the federal list so as not to nullify a particular power ..... urban immovable property tax, which i will herein after refer to as 'the impugned tax' was within the legislative powers of the bombay provincial government under the government of india act, 1935.by section 99 (1) of the act the federal legislature was given power to make laws for the show or any part of british india or any federated stated, and a provincial legislature was give power to make laws for the province or for any part thereof.section 100 is in these terms -'(1) .....
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