Court : Mumbai
Decided on : Jun-28-1943
Reported in : AIR1944Bom218; (1944)46BOMLR363
..... district. defendant no. 1 is a permanent tenant of khata no. 84 in that village. i may mention here that before the amendment of section 3(4) of the khoti settlement act, 1880, by section 85(b) of bombay act iv of 1913, permanent tenants were styled 'occupancy tenants.' in accordance with the recording officer's tharav or decision, ..... amendment of the entry in the botkhat cancelled. defendant no. 1, who was the only contesting defendant, contended that the suit was barred by section 20 of the khoti settlement act, 1880, that the consent of the managing khot was binding on all the khoti sharers and that the order passed by the recording-officer was legal and valid. ..... act on these lines, but no useful purpose will be served by referring to it in detail as many of the pertinent sections have been materially altered by the khoti settlement amendment act, 1904.7. in the present case when defendant no. 1 made his application in 1935, the recording-offiicer seems to have thought that he had to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-19-1943
Reported in : AIR1943Bom427
..... a decision as to the boundary between state territory and british indian territory. moreover section 121, land revenue code, which is an integral part of the provisions relating to the settlement of boundary disputes, provides that the decision shall conclusively determinethe rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain or ..... partially exempt from payment of and revenue. all that it covers is a claim to hold land wholly or partially exempt from land revenue as distinct from a claim to hold it under a ..... proviso to section 4 would take the case out of the purview of section 4 as being a case of a person claiming to 'hold wholly or partially exempt from payment of land revenue under a sanad.' but the proviso does not cover the case of a claim to actual land which as a matter of fact is held wholly or .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-29-1943
Reported in : (1944)46BOMLR607
..... is to give the collector the discretion to fix the assessment; the effect of the second is to render the occupants in alienated villages subject to a settlement like the occupants in unalienated villages. but neither section takes away any legal right which an occupancy tenant may have acquired independently of his bare status as ..... v. faredoon : air1934bom434 . but it cannot be said that every land in such village is ' alienated ', unless the provincial government has transferred its rights to the payment of assessment to its holder before the grant of the village to the inamdar. this is clear from rule 97 which speaks of ' lands which are alienated lands apart ..... . i respectfully agree with that view. in section 3(20) 'alienated' is defined as meaning 'transferred in so far as the rights of the provincial government to payment of the rent or land revenue are concerned, wholly or partially, to the ownership of any person.' the village is undoubtedly ' alienated ', because the rights of the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-29-1943
Reported in : AIR1945Bom15
..... first is to give the collector the discretion to fix the assessment; the effect of the second is to render the occupants in alienated villages subject to a settlement like the occupants in un-alienated villages. but neither section takes away any legal right which an occupancy tenant may have acquired independently of his bare status as ..... s permission. i respectfully agree with that view. in section 3 (20) 'alienated' is defined as meaningtransferred in so far as the rights of the provincial government to payment of the rent or land revenue are concerned, wholly or partially, to the ownership of any person.7. the village is undoubtedly 'alienated,' because the rights of the ..... bogha against the inamdar of that village for a declaration that they are entitled to hold their respective lands in dispute as vechan salami lands subject to the payment of salami only and not liable to the levy of altered assessment or fine for being put to non-agricultural use and for an injunction restraining the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-14-1943
Reported in : AIR1943Bom332; (1943)45BOMLR657
..... time limited. section 35 deals with the commencement of conciliation proceedings, and section 36 defines the duties of the conciliator, who has to endeavour to bring about a settlement of the industrial dispute, and for that purpose to inquire into the dispute and all matters affecting the merits thereof and he may do all such things as ..... attitude for employees to say : 'we have no objection to the standing orders. we admit the right of the employer to dismiss on fourteen days' notice or payment of thirteen days' wages in lieu of notice, but we say that in this particular case the power has been wrongly exercised, and we think that unless the ..... the relevant standing order in this case is standing order 19a, which provides that the employment of any permanent operative may be terminated by fourteen days' notice or by payment of thirteen days' wages in lieu of notice, and that the reasons for the termination of service shall be recorded in writing and shall be communicated to the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-1943
Reported in : (1944)46BOMLR675
..... justices shall, severally and respectively, be, and they are, all and eveity! of them, hereby: appointed to be justices and conservators of the peace, and coroners, within and throughout the settlement of bombay, and the town and island of bombay, and the limits thereof, and the factories subordinate thereto and all the territories which now are, or hereafter may be subject .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-1943
Reported in : AIR1945Bom7
..... justices shall, severally and respectively, be, and they are, all and every of them, hereby appointed to be justices and conservators of the peace, and coroners, within and throughout the settlement of bombay, and the town and island of bombay, and the limits thereof, and the factories subordinate thereto and all the territories which now are, or hereafter may be subject .....
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