Court : Chennai
Reported in : (1995)2MLJ652
..... tamil nadu act 31 of 1978 reads thus:section 20, land acquisition act not to apply: save as otherwise provided in this act, the provisions of the land acquisition act, 1894 (central act 1 of 1894), shall cease to apply to any land which is required for purpose specified in sub-section (1) of section 4 and any such land shall be acquired by the government only in accordance with the provisions of this act.as already seen the supreme court has upheld the validity of this act except insofar ..... the reason for not considering the contentions raised are as under:act 31 of 1978 was enacted to give effect to the policy of the state towards securing the principles laid down in part iv and, in particular article 46 of the constitution of india ..... of 1991 the initiation of the land acquisition proceedings under the act are without authority of law and the respondents, in my opinion also are not entitled to continue the proceedings under the land acquisition act, having regard to the provisions of section 20 of the act 31 of 1978. ..... single judge also reserved the liberty to the respondent- state, if so desired to acquire the lands under the provisions of the tamil nadu acquisition of land for harijan welfare schemes act, 1978 (act 31 of 1978).10. ..... division bench has also reserved the liberty to the state of tamil nadu to proceed with the acquisition proceedings under the provisions of the tamil nadu acquisition of land for harijan welfare schemes act, 1978, while quashing the notifications.9. .....
Tag this Judgment!Court : Mumbai
..... the hon'ble supreme court in the case of amway india (supra) was whether the business activity being carried out by the petitioner comes under the prize chits and money circulation schemes (banning) act, 1978 and the other issue was about the legality of seizure and search carried out by the investigating agency at various places of amway. ..... in the said case, the court has referred section 45 of prize chits and money circulation schemes (banning) act, 1978 and which has overriding effect on the general provisions of the code of criminal procedure. 11. ..... in the case of shrinivasa enterprise (supra), the competency of the legislature to enact the prize chits and money circulation schemes (banning) act, 1978 was challenged. ..... as the applicants/accused are facing charges for the offences punishable under sections 120(b) and 420 of the indian penal code and under sections 3, 5 and 6 of prize chits and money circulation schemes (banning) act, 1978 and section 3 of maharashtra protection of interest of depositors (in financial establishments act) in c.r. no. ..... however, the offence under prize chits and money circulation schemes (banning) act, 1978 is bailable. 18. ..... he submitted that the offence under prize chits and money circulation schemes (banning) act, 1978 is bailable. ..... this matter was against the order of discharge of the accused persons for the offences punishable under sections 4 and 5 read with sections 2(e) and 3 of the prize chits and money circulation schemes (banning) act, 1978. .....
Tag this Judgment!Court : Karnataka
..... different petitions, but on a solitary score that the sale has taken place in contravention of the provisions of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the said act for short).2. for the sake of convenience, the facts in writ petition no.21977/2013 is narrated as the facts of 24 the cases in all other are similar except the names ..... of any granted land must be made directly to a co- operative society in view of the provisions of the karnataka schedule caste and tribe (prohibition of transfer of certain lands) act, 1978 and that the sale consideration for transaction of transfer has already been received on 30.5.1994 itself ..... of this court disposing the writ petition as having become infructuous cannot be read in isolation, it has to be considered in terms of events antecedent 53 to the order which is the act of the original grantee again selling the land during the pendency of writ petition no.15519/2007 to the petitioners in writ petition no.15519/2007 led to filing of the memo ..... 2008 and a further noting with regard to the purchase that was made earlier by a co-operative society, which has exemption from application of the 30 said act in terms of section 3 of the said act, the registering authority has committed no error in registering the document brought before it for registration and would also take this court through the ..... scheduled tribes under the provisions of the said act on 31.05.1978 .....
Tag this Judgment!Court : Karnataka
..... different petitions, but on a solitary score that the sale has taken place in contravention of the provisions of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the said act for short).2. for the sake of convenience, the facts in writ petition no.21977/2013 is narrated as the facts of 24 the cases in all other are similar except the names ..... of any granted land must be made directly to a co- operative society in view of the provisions of the karnataka schedule caste and tribe (prohibition of transfer of certain lands) act, 1978 and that the sale consideration for transaction of transfer has already been received on 30.5.1994 itself ..... of this court disposing the writ petition as having become infructuous cannot be read in isolation, it has to be considered in terms of events antecedent 53 to the order which is the act of the original grantee again selling the land during the pendency of writ petition no.15519/2007 to the petitioners in writ petition no.15519/2007 led to filing of the memo ..... 2008 and a further noting with regard to the purchase that was made earlier by a co-operative society, which has exemption from application of the 30 said act in terms of section 3 of the said act, the registering authority has committed no error in registering the document brought before it for registration and would also take this court through the ..... scheduled tribes under the provisions of the said act on 31.05.1978 .....
Tag this Judgment!Court : Karnataka
..... different petitions, but on a solitary score that the sale has taken place in contravention of the provisions of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the said act for short).2. for the sake of convenience, the facts in writ petition no.21977/2013 is narrated as the facts of 24 the cases in all other are similar except the names ..... of any granted land must be made directly to a co- operative society in view of the provisions of the karnataka schedule caste and tribe (prohibition of transfer of certain lands) act, 1978 and that the sale consideration for transaction of transfer has already been received on 30.5.1994 itself ..... of this court disposing the writ petition as having become infructuous cannot be read in isolation, it has to be considered in terms of events antecedent 53 to the order which is the act of the original grantee again selling the land during the pendency of writ petition no.15519/2007 to the petitioners in writ petition no.15519/2007 led to filing of the memo ..... 2008 and a further noting with regard to the purchase that was made earlier by a co-operative society, which has exemption from application of the 30 said act in terms of section 3 of the said act, the registering authority has committed no error in registering the document brought before it for registration and would also take this court through the ..... scheduled tribes under the provisions of the said act on 31.05.1978 .....
Tag this Judgment!Court : Karnataka
..... different petitions, but on a solitary score that the sale has taken place in contravention of the provisions of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the said act for short).2. for the sake of convenience, the facts in writ petition no.21977/2013 is narrated as the facts of 24 the cases in all other are similar except the names ..... of any granted land must be made directly to a co- operative society in view of the provisions of the karnataka schedule caste and tribe (prohibition of transfer of certain lands) act, 1978 and that the sale consideration for transaction of transfer has already been received on 30.5.1994 itself ..... of this court disposing the writ petition as having become infructuous cannot be read in isolation, it has to be considered in terms of events antecedent 53 to the order which is the act of the original grantee again selling the land during the pendency of writ petition no.15519/2007 to the petitioners in writ petition no.15519/2007 led to filing of the memo ..... 2008 and a further noting with regard to the purchase that was made earlier by a co-operative society, which has exemption from application of the 30 said act in terms of section 3 of the said act, the registering authority has committed no error in registering the document brought before it for registration and would also take this court through the ..... scheduled tribes under the provisions of the said act on 31.05.1978 .....
Tag this Judgment!Court : Karnataka
..... different petitions, but on a solitary score that the sale has taken place in contravention of the provisions of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the said act for short).2. for the sake of convenience, the facts in writ petition no.21977/2013 is narrated as the facts of 24 the cases in all other are similar except the names ..... of any granted land must be made directly to a co- operative society in view of the provisions of the karnataka schedule caste and tribe (prohibition of transfer of certain lands) act, 1978 and that the sale consideration for transaction of transfer has already been received on 30.5.1994 itself ..... of this court disposing the writ petition as having become infructuous cannot be read in isolation, it has to be considered in terms of events antecedent 53 to the order which is the act of the original grantee again selling the land during the pendency of writ petition no.15519/2007 to the petitioners in writ petition no.15519/2007 led to filing of the memo ..... 2008 and a further noting with regard to the purchase that was made earlier by a co-operative society, which has exemption from application of the 30 said act in terms of section 3 of the said act, the registering authority has committed no error in registering the document brought before it for registration and would also take this court through the ..... scheduled tribes under the provisions of the said act on 31.05.1978 .....
Tag this Judgment!Court : Karnataka
..... different petitions, but on a solitary score that the sale has taken place in contravention of the provisions of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the said act for short).2. for the sake of convenience, the facts in writ petition no.21977/2013 is narrated as the facts of 24 the cases in all other are similar except the names ..... of any granted land must be made directly to a co- operative society in view of the provisions of the karnataka schedule caste and tribe (prohibition of transfer of certain lands) act, 1978 and that the sale consideration for transaction of transfer has already been received on 30.5.1994 itself ..... of this court disposing the writ petition as having become infructuous cannot be read in isolation, it has to be considered in terms of events antecedent 53 to the order which is the act of the original grantee again selling the land during the pendency of writ petition no.15519/2007 to the petitioners in writ petition no.15519/2007 led to filing of the memo ..... 2008 and a further noting with regard to the purchase that was made earlier by a co-operative society, which has exemption from application of the 30 said act in terms of section 3 of the said act, the registering authority has committed no error in registering the document brought before it for registration and would also take this court through the ..... scheduled tribes under the provisions of the said act on 31.05.1978 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR4557; 1991(3)KarLJ142
..... they have challenged in these petitions the legality and correctness of the orders made under the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (the act for short) by the assistant commissioner and the deputy commissioner-respondents, respondents 2 and 3 in all the petitions respectively.2. ..... , as he then was, while considering the similar question held that notwithstanding the order of the land tribunal in favour of the tenants, in view of the overriding effect of the provisions of sections 4 and 11 of the act of 1978, the assistant commissioner was right in declaring the sale void and restoring possession to the grantees. ..... the submission is that since no rules were made under the said act regulating the rights and liabilities of the persons to whom lands were granted under the said act, they are entitled to seek relief under the act of 1978 and that, as long as their rights and interests are not taken away in accordance with law, they cannot be said to be persons who have lost their rights merely because of the interpretation of rule 43j in the ..... held, sections 4 and 11 give overriding effect to the prohibition of transfer of certain lands act, 1978 and the order of the land tribunal notwithstanding, the assistant commissioner was right in declaring the sate void and restoring possession to respondent- 3.' 25. .....
Tag this Judgment!Court : Kerala
Reported in : [1992]196ITR505(Ker)
..... division bench that the scope of the valiamma thampuran kovilakam estate and the palace fund (partition) act, 1961 (act 16 of 1961) (for short 'the palace fund (partition) act'), and the valiamma thampuran kovilakam estate and the palace fund (partition) and the kerala joint hindu family system (abolition) amendment act, 1978 (act 15 of 1978) (for short 'the palace fund partition (amendment) act), has not been considered by the tribunal before arriving at its finding. ..... whether, on the facts and in the circumstances of the case, was the tribunal right in law in holding that the 1961 act and the 1978 act are not at all relevant to decide the issue whether the properties under consideration belonged to the state government or the palace fund ? 4. ..... , the palace fund (partition) act (act 16 of 1961) and the palace fund partition (amendment) act (act 15 of 1978) have been considered. ..... within 60 days from the date of commencement of the valiamma thampuran kovilakam estate and the palace fund (partition) and the kerala joint hindu family system (abolition) ordinance, 1978, to direct partition of the palace fund among all the members entitled to a share of the estate and palace fund under section 4 of the kerala joint hindu family system (abolition) act, 1975, and such direction shouldbe published by the board in the gazette. ..... act 15 of 1978 was preceded by an ordinance promulgated on january 6, 1978. ..... thereafter, the palace fund partition (amendment) act, 1978, was passed. .....
Tag this Judgment!