Court : Mumbai
Reported in : 1988(3)BomCR74; 1988MhLJ773
..... in bhim singhji's cases supreme court held that the entire urban land (ceiling and regulation) act, 1976 is valid save and except section 27(1) in so far as it imposes restriction on transfer of any urban or urbanisable and with a building or of a portion of such building, which is within ..... : air1981sc234 and : air1985sc1650 , the entire urban land (ceiling and regulation) act is held valid save and except section 27(1) in so far as it imposes a restricting on transfer of any urban or urbanisable land with a building or of a portion of such building, which is within the ceiling area, this aspect of the matter was neither placed nor considered ..... is of vast majority of farmers who are only cultivators of land, to continue to hold the lands as their means of livelihood within the ceiling limits prescribed by the state enactments on agricultural holdings and in case they were required to be acquired by the state, the same shall not be acquired except on payment of the market value of the self cultivated agricultural lands and the structures standing thereon. ..... the said draft development plan came to be sanctioned by the government on or about 18th august, 1972 and is brought into force from ..... to deal with this aspect of the matter any further since we agree with the view taken by the madhya pradesh, gujarat and karnataka high courts in : air1982mp33 and : air1987kant5 in that behalf. ..... gujarat, and karnataka high court ..... , : [1978]1scr641 the state of karnataka and another v. ..... karnataka .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR900
..... rights are conferred on the tenant as a result of an enquiry under section 48a of the karnataka land reforms act and once a certificate under section 55 is issued, the land ceases to be vested in the state government and the tenant becomes the full owner thereof. ..... restriction on transfer of land of which tenant has become occupant :- (1) notwithstanding anything contained in any law, no land of which the occupancy has been granted to any person under this chapter shall, within fifteen years from the date the certificate under section 55 is issued be transferred by sale, gift, exchange, mortgage, lease or assignment ; but the land may by partitioned among members of the holder's joint family subject to condition that no fragment shall be created by any such partition ;(2) notwithstanding ..... having jurisdiction over the area or any officer not below the rank of an assistant commissioner authorised by the state government in this behalf in respect of any area may grant permission for such sale, gift or exchange, to enable a person other than a person disentitled to acquire or hold land under section 79-a or section 79-b who bona fide intend taking up agriculture to acquire land on such conditions as may be prescribed in addition to the following conditions, namely :--(i) that the transferee takes up ..... there is nothing either in section 61 or any other provision of the karnataka land reforms act prohibiting the civil court from attaching and selling of such an interest in the execution .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(7)KarLJ100
..... acharya took us through the provisions of section 45 of the karnataka land reforms act, 1961 (for short, 'klr act') and form 10, being the certificate of registration of a tenant as an occupant imposing the conditions/restrictions for transfer. ..... 1 is an extract of the mutation register which records that the claimants-landowners are registered occupants of the acquired lands, having been granted occupancy rights in the year 1980, by the land tribunal, under section 48a of the klr act and issued with occupancy certificates dated 24-10-1980 in form 10 under rule 21 of the karnataka land reforms rules, 1974 (for short 'klr rules, 1974').15. ..... since the acquired lands are agricultural lands necessarily will have to be converted for non-agricultural use under the provisions of the karnataka land revenue act, 1961 as also change of land user under the provisions of the karnataka town and country planning act, 1961. ..... the certificate of registration of a tenant as an occupant issued in form 10 under rule 21 of the rules, 1974 and section 55(1) of the act, 1961 does not contain any clause by which the state government withheld to itself any right, title or interest in the acquired lands, but has retained only a right to determine the grant in the event the registered occupant commits breach of the conditions stated therein. ..... 145 of 1991; 144 of 1991 and 146 of 1991 on the file of the court of the additional civil judge (senior division), bijapur (for short, the 'civil court').2. .....
Tag this Judgment!Court : Karnataka
..... argument of the learned counsel for the respondents-defendant nos.1 and 2 would vehemently contend that section 61 of the karnataka land revenue act imposes restriction on transfer of land of which the tenant has become occupant ..... for the relief of granting specific performance, the court 19 has to look into whether it will cause hardship to the defendant within the meaning of clause (b) of sub-section (2) of section 20 of the specific relief act, 1963, being a question of fact, the first appellate court without framing such an issue ought not to have reversed the finding of the trial court while concurring with ..... and execute the sale deed and the same will not come in the way of having sale deed but the fact is that section 43 of the transfer of property act feeding of title comes to the aid of a party, the same is held in the case of s.ananda shetty vs ..... lease-cum-sale agreement in favour of the first defendant and during pendency of lease-cum-sale agreement, there cannot be any alienation and there is a 58 prohibition because only the possession and permission was given to put up the construction and not to create any third party right by making any alienation ..... . lingam reported in i.l.r261993 kar427and brought to notice of this court paragraph no.31, wherein this court has held that while exercising the discretion under section 20 of the specific relief act, court should see that it is not used as an instrument of oppression to have an unfair advantage to the plaintiff and the court is .....
Tag this Judgment!Court : Karnataka
..... argument of the learned counsel for the respondents-defendant nos.1 and 2 would vehemently contend that section 61 of the karnataka land revenue act imposes restriction on transfer of land of which the tenant has become occupant ..... for the relief of granting specific performance, the court 19 has to look into whether it will cause hardship to the defendant within the meaning of clause (b) of sub-section (2) of section 20 of the specific relief act, 1963, being a question of fact, the first appellate court without framing such an issue ought not to have reversed the finding of the trial court while concurring with ..... and execute the sale deed and the same will not come in the way of having sale deed but the fact is that section 43 of the transfer of property act feeding of title comes to the aid of a party, the same is held in the case of s.ananda shetty vs ..... lease-cum-sale agreement in favour of the first defendant and during pendency of lease-cum-sale agreement, there cannot be any alienation and there is a 58 prohibition because only the possession and permission was given to put up the construction and not to create any third party right by making any alienation ..... . lingam reported in i.l.r261993 kar427and brought to notice of this court paragraph no.31, wherein this court has held that while exercising the discretion under section 20 of the specific relief act, court should see that it is not used as an instrument of oppression to have an unfair advantage to the plaintiff and the court is .....
Tag this Judgment!Court : Kolkata
..... it notes section 61 of the karnataka land reforms act, 1961 which imposes a restriction on transfer of land. ..... a property guided by the provisions of the karnataka land reforms act, 1961 was sought to be bequeathed by a will to a person who is not a member of the family. ..... in such a situation, the bequest is valid and governs the mis-described immovable property concerned. ..... thus the executor, when he has realized the estate, is a bare trustee for the heirs as to two-thirds, and an active trustee as to onethird for the purposes of the will; and of these trusts one is created by the act and the probate irrespective of the will, the other by the will established by the probate. ..... third, the executor, when he has realized the estate, is a bare trustee for the heirs as to twothirds, and an active trustee as to one-third for the purposes of the will; and of these trusts, one is created by the act and the probate irrespective of the will, the other by the will established by the probate (i). . ..... executor from the date of the testator s death and the former has the power to alienate the estate for the purposes of administering it and he has all the powers of an executor under the provisions contained in section 307 of the indian succession act, 1925. ..... a probate court is not competent to determine the question of title to the suit properties nor will it go into the question whether the suit properties bequeathed by the will were joint ancestral properties or acquired by the testator. .....
Tag this Judgment!Court : Karnataka
..... defendants 22 to 39 will not get any ownership which is against the provisions of karnataka (restriction on transfer) act, 1991. ..... the defendants had not produced any notification as required under section 4 (1) or section 6 (1) or the award proceedings to show that the said lands were acquired by the government for the purpose of extension of sanitorium building. ..... it discussed about the discrepancy in the survey number, extent of the land, and the subject matter of acquisition proceedings and recorded a finding that though the land was acquired by the government and 14 acres adjacent to the present wall of nimhans building was transferred to nimhans, the order did not show in which of the survey numbers the said 14 acres of land was situated. ..... rao, learned senior counsel appearing for the plaintiff contended the government of maharaja of mysore, for the purpose of establishing tuberculosis sanitarium- acquired 36 acres of land by invoking emergency provision contained in section 17 of the land acquisition act. ..... rao, learned senior counsel appearing for the plaintiff contended the government of maharaja of mysore, for the purpose of establishing tuberculosis sanitarium- acquired 36 acres of land by invoking emergency provision contained in section 17 of the land acquisition act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2004(4)SC158; (2004)3MLJ132(SC); 2004(4)SCALE192; (2004)4SCC460; 2004(2)LC1300(SC)
..... the act three different sets of rules had been framed and interpreting section 38 thereof, it was held that the provisions of the rules would govern the transfer of land. ..... the state government; or(ii) to the central government, or(iii) to any corporation, body or organisation owned or controlled by the central government or the state government; or(iv) to any housing cooperative society registered under the karnataka cooperative societies act, 1959 (karnataka act 11 of 1959); or(v) to any society registered under the karnataka societies registration act, 1960 (karnataka act 7 of 1960); or(vi) to a trust created wholly for charitable, educational or religious purpose; provided that prior approval of the government shall be obtained for allotment of land to any ..... notwithstanding anything contained in this act or development scheme sanctioned under this act, the authority may, subject to any restriction, condition and limitation as may be prescribed, make bulk allotment by way of sale, lease or otherwise of any land which belongs to it or is vested in it or acquired by it for the purpose ..... in details the provisions of the said act vis-a-vis the karnataka industrial areas development act, 1966. ..... the state of karnataka has framed three rules under the act, namely, (i) bangalore development authority (allotment of sites) rules, 1982; (ii) bangalore development authority (allotment of buildings under self financing housing scheme) rules, 1982; and (iii) bangalore development authority ( .....
Tag this Judgment!Court : Supreme Court of India
..... two such cases are as follows:- a) section 4 of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1974 prohibits transfer of granted lands which expression is defined in section 3(b) to mean any land granted by the government to a person belonging to any of the scheduled castes or the scheduled ..... are called upon to decide as to whether section 63 of the bombay tenancy and agricultural lands, act, 1948 (for short the bombay tenancy act ) debars an agriculturist from parting with his agricultural land to a non-agriculturist through a will so also, whether section 43(1) of the tenancy act restricts transfer of any land or interest purchased by the tenant under sections 17b, 32, 32f.321. ..... the position will, however, be somewhat different where the transferees have acquired such granted lands not in violation of any term of the grant or any law regulating such grant as also where any transferee who may have acquired a defeasible title in such granted lands by the transfer thereof in contravention of the terms of the grant or any law regulating such grant has perfected his title by prescription of time ..... executed a registered will on 24.01.1991 in favour of vinodchandra sakarlal kapadia, the appellant herein purporting to bequeath the said land to the appellant. ..... demise of samubhai on 02.02.1991, vide mutation no.2141 certified on 20.06.1991, the name of the appellant came to be recorded in the revenue records as owner of the said land. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)KarLJ266:2009(5)AIRKarR292(D.B):2009(4)KCCRSN263
..... in view of the provisions of the delhi lands (restrictions on transfer) act, 1972 (for short 'the delhi lands act'), read with the provisions of the land acquisition act, 1894 (for short 'the land acquisition act'), transfer of land made by the original owner by registering a sate deed on the basis of which mutation was also granted would and could be accepted as legal and valid transfer despite the fact that such land was acquired by the state government under the provisions of the land acquisition act for public purpose.considering the ..... it is highly unfortunate that in spite of provisions of section 16(2) of the karnataka land acquisition act and in spite of the apex court as well as this court laying down the law in clear terms that, transfer of any immovable property subsequent to the issue of notification under section 4(1) of the l.a. ..... it is their submission that there is no bar or prohibition for the bda to dispose off intermediary sites by public auction and in any case the appellants have no right to challenge the public auction on that ground. .....
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