Judgment Search Results Home > Cases Phrase: sonthal pargans act 1855 section 5 saving of laws relating to european british subjects Page 1 of about 4 results (0.087 seconds)

Upendra Das and Ors. Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... learned counsels also submitted that finding given by the revenue officers that the pradan had no authority to settle the land in question, has no leg to stand, inasmuch as, under section 29 of the santhal parganas tenancy act, there is prohibition to the mul-raiyat and pradhan, only for making the settlement, either in their own favour, or in the favour of their co-mulraiyats. ..... as regards the first question, it is not disputed that the mauza gunghasa was a pradhani mauza and the village pradhan was competent under the law to make the settlement of the waste lands in favour of the persons who qualify for settlement as per the principles laid down under section 28 of the santhal parganas tenancy act, 1949. ..... the case of the writ petitioners cannot be said to be hit by section 29 of the santhal parganas tenancy act, as there is prohibition to the mul-raiyat and pradhan, only for making the settlement, either in their own favour, or in the favour of their co-mulraiyats. ..... learned counsel for the respondents has not shown any provision of law under the santhal parganas tenancy act to indicate that the settlement made by the village pradhan needed to be confirmed by the sub-divisional officer. ..... the dispute relates to 6 bighas 14 kathas and 2 dhurs of land in jamabandi no. .....

Ram Kristo Mandal and anr. Vs. Dhankisto Mandal

Court : Supreme Court of India

Reported in : AIR1969SC204; 1969(17)BLJR270; [1969]1SCR342

..... two contentions in regard to schedule b properties: (1) that the said exchange was neither for legal necessity nor for the benefit of the estate of tonu mandal; and (2) that in any event section 27 of the said regulation, 3 of 1872, as it stood at the date of the said transaction, governed schedule b properties which were admittedly raiyati properties and forbade any transfer thereof and ..... was shown that the subject-matter of the exchange, namely, schedule b properties, was raiyati land situate in sonthal parganas, if the respondent wanted to show that the prohibition did not apply by relying upon the exception to the rule laid down by sub-section (1) the burden to ..... fact raised by the respondent and was rightly rejected by the district court on the ground that article 141 of the limitation act, 1908 applied and that the suit having been filed only two years after the death of nilmoni dasi, their claim to ..... this rule does not rest entirely on article 141 but is in accord with the principles of hindu law and the general principle that as the right of a reversioner is in the nature of spes successionis and he does not trace that title through or from the widow, it would be manifestly ..... conclusion that the said deed of exchange executed by nilmoni dasi was valid and binding on the appellants and consequently set aside the decree in relation to schedule b properties and dismissed the appellants' suit in regard thereto.6. ..... nilmoni dasi was a raiyat in relation to the lands in schedule b .....

Dhankisto Mandal Vs. State of Bihar (Now Jharkhand) and ors.

Court : Jharkhand

Reported in : [2008(3)JCR135(Jhr)]

..... in possession of the lands and in the process, had passed the adverse impugned order against the petitioner deciding upon the petitioner's right of title.referring to section 42 of the santhal parganas tenancy act, learned counsel would explain that though under section 42 of the santhal parganas tenancy act, the deputy commissioner has the authority to eject persons, who are found in unauthorized occupation of agricultural lands but the provision would not apply in the case ..... of the petitioner, who had lawfully inherited the agricultural lands from the deceased tenant and, therefore, the proceeding for ejectment of the petitioner is totally without basis and illegal and the ..... the second exception is in relation to the property inherited by a female hindu from her husband or from her father-in-law. ..... impugned orders of the additional deputy commissioner (annexure-2) and that of the commissioner (annexure-1) are without basis and passed without application of appropriate judicial mind to the facts and circumstances involved in the case, which essentially relates to the question of jurisdiction.12 ..... the first exception relates to the property inherited by a female hindu from her father or mother. .....

Sri Yudhishthir Roy Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(4)JCR689(Jhr)]

..... brick work and constructing a room therein has been removed by the local authority and even if the petitioner had committed any offence it attracted the penal provision under section 67(1)(h)(ii) of the santhal parganas tenancy act, 1949 which is special law and it speaks:if any person being a raiyat encroaches on any of the recorded village paths, camping or grazing grounds shall be liable to a fine which may ..... petitioner that even if there was allegation of encroachment of land alleged to be in the nature of gochar land the provision was there in the special law under santhal parganas tenancy act for prosecution of the petitioner under the penal provision and that his criminal prosecution under the provisions of indian penal code is uncalled for which cannot sustain. ..... scheduled areas regulation, 1969 (regulation 1 of 1969) the provision was inserted,if any land is transferred in contravention of the provisions of section 20 or any other provision of this act or by fraudulent method and is held or cultivated by any person with knowledge of such transfer, he shall be punished with imprisonment of either description for a term which may extend ..... law, learned counsel for the petitioner submitted that special provision under santhal parganas tenancy act, 1949 with reference to section 67 has been laid down which is itself a penal provision for alleged encroachment of gochar land by any person and therefore, the petitioner cannot be prosecuted for the alleged offence under general law .....

State of Rajasthan Vs. Sohaniya

Court : Rajasthan

Reported in : RLW2007(4)Raj3029

..... murder, which is of a triple nature as in the present case and he is arrested after a lapse of 40 days after extensive search and recoveries are made in pursuance to the information furnished by him under section 27 of the act and it is proved that the recoveries were of the stolen property and of the weapons which were used in the commission of crime, the court will certainly presume the existence of fact of dacoity and murder by ..... there is a much debate on the question of imposition of death penalty, which is codified under the indian law in contrast to the european countries, without going info this debate', death penalty is imposed only when the criminal act of the accused is so extreme, which shakes the conscience of the society and is so brutal that it threatens the life and liberty of free citizens ..... section 397 ipc is concerned, as has been discussed above, no charge under sections 325 and 326 ipc relating to grievous hurt, has been proved, therefore, the guilt under section 397 ipc cannot be sustained, as it deals with the robbery or dacoity with attempt to cause death or grievous hurt for which there is no separate evidence except committing murder for the purpose of dacoity for which appellants have been found guilty under section 396 ..... there was news in the local newspaper of mansaur district that certain plunderers took opium from the village dhanesree and when this opium was not recovered, the police to save its own skin, implicated the accused appellants falsely. .....

Nrisingha Charan Nandy Choudhry Vs. Rajniti Prasad Singh

Court : Mumbai

Reported in : (1936)38BOMLR768

..... such suits were, as enacted by sub-section (2), to be heard and determined by an officer appointed under section 2 of the sonthal parganas act, 1855, or by an officer appointed under section 10 of the regulation to make the ..... be disputed that that expression, as used in sub-section (1) of section 5 must include a court established under the civil courts act outside the sonthal parganas; as it is the only law which has been invoked to deprive such a court of the jurisdiction which it might have under the code of civil procedure to try a suit relating to land in the sonthal parganas during the pendency of the settlement. ..... expedient that the suit or any issue arising therein should be tried by a civil court/established under the bengal, agra and assam civil courts act, 1887, which but for that section would have had jurisdiction to try the suit, he may, either on the prayer of the parties or of his own motion but subject to the control of the officers to whom he is subordinate, make a certificate to that effect and transfer the record, if any, to ..... ' (2) between the dates referred to in sub-section (1), all suits of the nature therein described shall be filed before or transferred to an officer appointed by the lieutenant-governor under section 2 of the sonthal parganas act, 1855, or section 10 of this regulation, according as the lieutenant-governor may from time to time direct, and such officer shall hear and, even though during the hearing the settlement may be declared to have been .....

Chandra Mohan Majhi Vs. Smt. Kaushalya Majhi

Court : Kolkata

Reported in : II(1997)DMC214

..... sake that by any such notification, not produced in court, the parties belonging to santhal community (about which there is no dispute) they or either of them came under the spell of hindu marriage act, the 1st party had to establish by reliable evidence the actual customary rites and ceremonies of the hindu system which the parties or either of the families resorted to in course of long standing practice ..... keeping aside that question of age at present and to consider under that perspective whether the marriage if at all held, offended section 5(iii) of the act, we shall proceed to ascertain at present if any fact of marriage between the parties as pleaded by the 1st party-opposite party had at all been established keeping also in view that the ..... hindu marriage act lays down the law in vogue at present about such marriage and as i have stated earlier, while section 8 provides for marriage by registration, sections 5, 6 and 7 lay down the provisions for ceremonial marriage irrespective of ..... marriage at all, one or the other villager, not related with the petitioner by blood, would surely come forward to ..... hindu marriage' as it understood in hindu marriage act does not refer to hinduism as a religion but relates to all persons who are hindus in the wide ..... case were, therefore, very closely related by blood relations and in a case like this ..... any suggestion to that effect that he was related with the 2nd party or interested in any ..... who were very closely related with the 1st party supported .....

Smt. Subhadra Devi Vs. State of Bihar and ors.

Court : Patna

..... the circle officer under the said act also has to play an important role as specified in the other two acts relating to lands, namely (i) bihar tenancy act and (ii) chotanagpur tenancy act and the circle officer acts as the collector of the area as empowered and noticed by the state government and under the sanlhal parganas act also he has to see the works of the right of the raiyats in settlement of lands, fixation of rents, terms of rent etc ..... 3 and 4 that the impugned orders have been passed by respondents under section 15 of the bengal survey act, which vests power in the collector to remove doubt and decide disputes as to boundary determined by court or laid down by survey ..... learned counsel for the respondents have also not referred to any other provision of any other act or rules, which vests power in the circle officer or sub-divisional officer to pass an order deciding the dispute relating to land or for removal of the alleged encroachment. 7. ..... counsel appearing for the petitioner has submitted that by virtue of the santhal pargana tenancy (supplementary provision) act, 1949 if the provisions of any other law which are repugnant or inconsistent with the provision's of the said act, the provisions of the said act is to prevail and thus the provisions of the bengal survey act will have no application at all. 5. ..... 2 and 3 have acted in gross violation of law in directing the petitioner to remove the alleged encroachment from the land in question, which, in fact, belongs to the .....

Prithi Pal Singh and ors. Vs. Milka Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1976P& H157

..... 'the law enunciated in the above-mentioned passage was and continues to be the law on the subject in this situation, sections 15 (1) and 15 (2) of the act cannot be regarded as complete codes by themselves creating different classes of rights of pre-emption. ..... , after considering the various judicial pronouncements, has held as follows:--'the right of pre-emption granted under section 15 (1) of the act relates to various types of properties which are sold by an owner. ..... 'the right of pre-emption granted under section 15 (1) of the act relates to various types of properties which are sold by an owner. ..... the proviso, no doubt states that, notwithstanding the first part of the section, a tenant shall be bound by stipulations made by him as to the erection of buildings in so far as they relate to buildings erected after the date of the contract. ..... if the sale of land is made to a tenant even the son and other near relations of the land-owner would be debarred from exercising any right of pre-emption in respect of such a sale. ..... the restrictions which are imposed on the hindu widow's power of alienation, are not merely for the protection of the material interest of her husband's relations, but by reason of the opinion expressed by all the smriti writers. ..... in case of the sale of share out of joint land, the co-sharers came next after the blood relations and they were in turn followed by the tenants. ..... the tenants came next after the blood relations. .....

K.Suresh Kumar Vs. State by Dsp

Court : Chennai

..... of them had been talking to petitioner/a5 suresh kumar in the varanda and at that time, a1 sivaguru requested a5 to pay him rs.10 lakhs to purchase an auto for his livelihood out of value of the land, which is the subject matter of power of attorney to which suresh kumar replied that he will not part with any amount and sivaguru may not be able to obtain the original document in respect of the property in question, from his father ..... gokulnath armed with deadly weapons and trespassed into the house of kuppuraj at 8.30pm on 12.8.2010 at dhasanaickanpatti and murdered kuppuraj and his wife, rathinam s/o.kuppuraj and his wife and two daughters.3.the criminal law is set in motion in connection with the occurrence on the basis of the complaint lodged by the village administrative officer of nillavarpatti group dhasanaickanpatti and the same was registered as fir in mallur police station crime no.222 ..... firs.case in (1939) mwn page 17 (cited above).the privy council, while dealing with the admissibility of the statement under section 32(1) of the evidence act, has categorically observed that the circumstances must be circumstances of the transaction; general expressions indicating fear or suspicion whether of a particular individual or otherwise and not directly related to the occasion of the death will not be admissible. ..... was introduced in cr.p.c to avoid wastage of public time, when a prima facie case was not disclosed and to save the accused from avoidable harassment and expenditure. .....