Court : Supreme Court of India
Reported in : 2010(1)AWC1039(SC); JT2009(14)SC344; 2009(13)SCALE642; (2010)1SCC311; 2009(10)LC4936(SC):2009AIRSCW7452
..... having held that `ordinary earth' is comprehended within the meaning of the word `any other mineral' in section 3(e) of the act, 1957, the question that now arises is whether the exercise of power by the central government under section 3(e) of the act, 1957 in declaring the use of `ordinary earth' for filling or levelling purposes in construction of embankments, roads, railways, building as `minor mineral' is justified. ..... --in exercise of the powers conferred by clause (e) of section 3 of the mines and minerals (development and regulation) act, 1957 (67 of 1957), the central government hereby declares the `ordinary earth' used for filling or levelling purposes in construction of embankments, roads, railways, buildings to be a minor mineral in addition to the minerals already declared as minor minerals hereinbefore under the said clause.7. ..... the learned senior counsel argued that banarsi dass chadha was a case relating to `brick earth' and there was no cause of action, no plea and no argument raised as regards `ordinary earth' and the remark in passing about `ordinary earth' or the judgment of calcutta high court in the state of west bengal and ors. v. ..... we do not agree with the view of the calcutta high court in state of west bengal v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).
..... we do not have any hesitation also to express our opinion as his lordship expressed in his lordship's decision that the trust exists and we also have to accept the contention of learned counsel appearing on behalf of the respondent in the instant case that the instance case is squarely covered under the illustration (b) of section 56 of the indian trust act and the trustees are bound to fulfil the purpose of the trust and to obey the directors of the author of the trust, except if any modification is made by consent of all the beneficiaries, being competent to contact. ..... 14], wherein it was categorically held that when an application was filed under section 90 of the code of civil procedure, the court would be justified in refusing to answer the question as the matter should have been referred to court specified in section 34 of the act, stating the said decision was rendered, inter alia, on the premise that the court of principal civil court is a court of superior jurisdiction to that of a subordinate judge. ..... 43 of the trustees and mortgagees powers act, 1866. ..... construction of the aforementioned provision which is in pari materia with section 10(1) of the official trustees act, 1930 came up for consideration before this court in official trustee, west bengal and others v. ..... in such an event, even the principle of res judicata will have no application [see official trustee of west bengal v. .....
Tag this Judgment!Court : Kolkata
Reported in : 17Ind.Cas.173
..... that what was regarded as the actual rent was the sum of 360 rupees, which, we may observe in passing, bears a clear and definite proportion to the assessable area of 15 drones; and that the sum of 17 rupees 4 annas, which was the money equivalent of the bhet and begar or presents and labour, was in the nature of an imposition in addition to the actual rent within the meaning of section 74 of the bengal tenancy act and must, therefore, be held to be illegal, and the stipulation for the payment of the same must be held ..... on account of land not found in the possession of the tenant, but on account of land which, though included in his tenure, he was obliged to leave uncultivated on account of the necessity of having to-erect embankments to protect other land, and remission for land so left out is provided for in the written contract between the parties that being so, prima facie, no doubt the defendant was entitled to remission for all the years for which the land had been so left uncultivated; but ..... then it is admitted by the defendant himself in his written statement, paragraph (sic)5 and it has been .....
Tag this Judgment!Court : Kolkata
Reported in : 54Ind.Cas.850
..... the next contention is that the rent having been settled by the settlement officer under chapter x of the bengal tenancy act in a temporarily settled estate, the court cannot during the pendency of the settlement made by government with the proprietors enhance the rent either under section 7 or section 30 of the act. ..... the present rent was settled in 1895 under section 101 of the bengal tenancy act and this suit was instituted in september 1915, 20 years after the last proceedings for increasing the rent. ..... we hold, therefore, that section 7 of the bengal tenancy act applies as to enhancement, finding the etmams to be tenures.12. ..... the lower courts, considering the geographical position of the tenure which is near to the bay of bengal and needs considerable sums to be spent on it for the maintenance of embankments to keep out salt water, have allowed the tenure-holders to retain after certain deductions for collections and repairs half the net rent. ..... it is urged next that the statement in the lease that for default in the payment of rent the tenure can be put to sale under regulation viii of 1819 and the fact that the only clause as to increase of rent is one which says that the khila lands will be let out as they become alterable at the rate of the cultivated lands show that the tenure is one at fixed rates. ..... 405 and after deducting certain charges for collection and upkeep of the embankments he found the net profit to be rs. .....
Tag this Judgment!Court : Kolkata
Reported in : 45Ind.Cas.43
..... this is an appeal by the secretary of state for india in council in a suit instituted by the respondent under section 104h of the bengal tenancy act for declaration that he is an occupancy raiyat in respect of the subject-matter of the litigation and for incidental reliefs. ..... this document recites that the mauzas mentioned were settled with the grantee for bringing them under cultivation, and it specially directs the grantee to extirpate wild beasts and by clearing out jungle and raising, embankments at his own expense to carry on cultivation and tillage and enjoy the crops thereof. ..... this instrument recites that, on the strength of the amalnamah, bholanath nanda had taken possession of land exceeding two thousand bighas in area and that he had at his own expense commenced to reclaim jungles, to raise embankments and to cultivate the lands. ..... 902, of the bengal tenancy act defines a 'tenure-holder' to mean primarily a person who has acquired from a proprietor or from another tenure-holder a right to hold land for the purpose of collecting rent or bringing it under cultivation by establishing tenants on it. .....
Tag this Judgment!Court : Kolkata
Reported in : (1919)ILR46Cal160
..... this is an appeal by the secretary of state for india in council in a suit instituted by the respondent under section 104h of the bengal tenancy act for declaration that he is an occupancy raiyat in respect of the subject matter of the litigation and for incidental reliefs. ..... this document recites that the mouzahs mentioned were settled with the grantee for bringing them under cultivation, and it specifically directs the grantee to extirpate wild beasts and, by clearing out jungles and raising embankments at his own expense, to carry on cultivation and tillage and enjoy the crops thereof. ..... this instrument recites that, on the strength of the amalnamah, bhola nath nanda had taken possession of land exceeding two thousand bighas in area and that he had at his own expense commenced to reclaim jungles, to raise embankments and to cultivate the lands. ..... section 5, sub-section (1) of the bengal tenancy act defines a 'tenure-holder' to mean primarily a person who has acquired from a proprietor or from another tenure-holder a right to hold land for the purpose, of collecting rent or bringing it under cultivation by establishing tenants on it. .....
Tag this Judgment!Court : Kolkata
Reported in : (1904)ILR31Cal1014
..... on behalf of the appellants, it has been contended that the erection of the building in question by the defendants was an improvement within the meaning of clause f of sub-section 2 of section 73 of the bengal tenancy act, and further that under the provisions of section 23 of the act the defendants were within their rights, as the construction of the building in question did not materially impair the value of the land or render it unfit for the purposes of the tenancy. ..... for the defendants it was contended that under the provisions of section 77 and clause f of sub-section (2) of section 70, of the bengal tenancy act, they had a right without the landlord's consent to erect a suitable dwelling-house in the holding and that the building, which they were erecting, was a suitable dwelling-house, and came under the description of an improvement to the holding ..... he contends that the dwelling-house referred to in clause f of sub-section 2 of section 76 of the bengal tenancy act must be one suitable to the holding and not to the condition in life or circumstances of the tenant, and that a masonry dwelling-house is not suitable to a holding which is not of a permanent ..... (act x) 40 laid down so long ago as 1866 that 'a raiyat with a right of occupancy may build a pucca house on his land,...so long as he does not injure it to the detriment of the landlord,' and that view was assented to in 1881 in the case of prosunno coomar chattarjee v ..... churn dutt (1866) 6 w.r. ..... churn dutt (1866) 6 w.r. .....
Tag this Judgment!Court : Kolkata
Reported in : (1899)ILR26Cal650
..... they were all decided under the now repealed act x of 1859 and bengal act viii of 1869, which were similar to section 66(2) of the bengal tenancy act; but these acts were without any such powers as now contained in section 66(3) of the bengal tenancy act to mitigate the effect of the execution of a decree for ejectment. ..... the contention on behalf of the appellant is that the extension of time authorized by section 66 of the bengal tenancy act can be granted by the court only at the time of passing the decree, and that after the decree is passed, the court has no power to extend the time within which it may be satisfied. ..... the question for determination in this appeal is whether, when, under the provisions of section 66(3) of the bengal tenancy act, a court for special reasons extends the period of fifteen days within which, on payment of the arrears due, a decree for ejectment can be stayed, it can do so subsequently to the framing of the decree, or can only do so when framing the decree. ..... again, if we turn to section 244 of the code of civil procedure which applies to cases under the bengal tenancy act, we find that question arising between the parties to a suit in which a decree was passed and relating to the execution of the decree are to be determined by order of the (sic) executing the decree. ..... ramessur goopto (1866) 18 w.r. ..... ramessur goopto (1866) 18 w.r. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal209,65Ind.Cas.656
..... enhancement by reason of section 35 and the decision of this court in guru charan nandi v. ..... who supported this rule, has urged that, the learned special judge has put a wrong interpretation upon section 35 of the bengal tenancy act and the case to which the learned judge referred: and he has asked this court to interpret the special judge's judgment as meaning that, although the revenue officer had some to the conclusion that the landlords were entitled to no enhancement by reason of the lands being inundated and rents being already high, he, the special judge, was bound to allow some ..... he, however, refused to allow the landlords any enhancement on the ground that the lands were subject to inundation as there was no embankment on the river cossaye and that the crops were damage and the rents were already high.4. .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal815
..... in view, therefore, of the provisions of section 2 of the transfer of property act which excludes the operation of section 108, clause (h), and in view of the nature of the holding which excludes the operation of section 23 of the bengal tenancy act, we are left without any statutory provision which directly governs the matter. ..... the learned judge of the court of small causes did not come to any finding upon this point, but decreed the suit on the ground that, as the defendant was not a cultivator, section 23 of the bengal tenancy act, 1885, was inapplicable, and consequently the tenant was not entitled to cut and appropriate the tree in the absence of any evidence to establish a contractual or a customary right to that effect. ..... no useful purpose, therefore, would be served by an examination of the provisions of section 23 of that act, or of the judicial decisions in which that section has been interpreted; nor is it necessary to review the earlier cases which refer, directly or indirectly, to the principles of law applicable to agricultural tenancies before the bengal tenancy act came into force. ..... gouree pershad dutt (1866) 6 w.r. ..... ramdhone bhuttacharjee (1866) 6 w.r. .....
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