Judgment Search Results Home > Cases Phrase: the bombay prevention of fragmentation and consolidation of holdings act 1947 Page 4 of about 172 results (0.243 seconds)

GramIn Yuvak Adhar GramIn Bigar Sheti Sahakari Patsanstha Maryadit, Ma ...

Court : Mumbai Aurangabad

..... my attention to clause 'd' of the decree and submitted that according to the said clause d, the mandate of section 8(aa) of the bombay prevention of fragmentation and consolidation of holdings act, 1947 should have been followed by the collector. ..... rightly contended by the counsel for the petitioner that the revenue authority is more competent authority to decide any grievance about non observance and not following the section 8(aa) of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... have grievance that the collector has not followed the provisions of section 8(aa) of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... the collector has not followed the provisions of 8(aa) of the bombay prevention of fragmentation and consolidation of holdings act, 1947 ..... he was suppose to follow the provisions of section 8(aa) of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... patil & others" cited supra this court held that : " a decision or order made by the collector in effecting a partition of revenue paying lands in execution of a decree passed by a civil court is subject to an appeal to the commissioner under section 203 of the bombay land revenue code and is also revisable under section 211 there of;(emphasis supplied)para 5 of the said judgment reads thus :- " any decision or order made by the collector in effecting a partition of revenue paying lands in execution of a decree passed by a civil .....

Eknath Daval Thete (since deceased) through his legal heirs Vs. Ganpat ...

Court : Mumbai

..... the next submission of the learned counsel for the defendant no.2 is that in view of section 36-a of the bombay prevention of fragmentation and consolidation of holdings act, 1947 (for short the said fragmentation act), the civil court had no jurisdiction to settle, decide or deal with any question which was by or under this act required to be settled, decided or dealt with by the state government or ..... 27 and in particular paragraphs 8, 9 and 11 thereof and would submit that the said bombay prevention of fragmentation and consolidation of holdings act, 1947 is a complete code in itself and thus adjudication which could be done only by the competent authority could not be ..... the substantial question of law would be whether the appellate court was right in holding that the civil court has observed in para 14 of his judgment when section 36a of the bombay prevention of fragmentation (consolidation and holding) act, 1947 excepts jurisdiction of the court ..... judge that by virtue of execution of sale deed in respect of the suit property by the defendant no.1 in favour of the defendant no.2 whether there was any fragmentation of holdings, the learned trial judge himself could not have decided the said issue and ought to have referred the said matter to the competent authority to settle, decide and deal with such issue in accordance with the provisions of the said fragmentation act and was bound to stay the suit till such determination was completed by such competent authority on decision .....

Shri Dattu Appa Patil (Since Deceased, by Legal Heirs and Representati ...

Court : Mumbai

Reported in : 2006(6)ALLMR421; 2006(6)BomCR246

..... in 1962, the consolidation scheme framed under the bombay prevention of fragmentation and consolidation of holdings act, 1947 (for short, 'the said act') came to be applied to village ..... submitted that rule 11 of the bombay prevention of fragmentation and consolidation of holdings rules, 1959 lays down the procedure to be followed while allotting new plots to the owners. ..... doubt, the civil court has considered the statements of the father of the original petitioner and the father of respondent 3 recorded in the consolidation proceedings and possession receipts executed in the consolidation proceedings while coming to its conclusion as regards possession of the land in question, but it has also considered the 7/12 extracts of the relevant period and recorded a conclusion that cumulative effect of all the circumstances is that the original petitioner never lost possession of the said land ..... further contended that the petitioners cannot draw any support from the judgment of the civil court in the suit filed by the petitioners against respondent 3 and the judgment in the appeal arising therefrom because the trial court could not have proceeded with the hearing of the said suit in view of the pendency of the proceedings in which there is a challenge to the order of variation of the consolidation scheme. mr ..... also note that in mohamad kavi's case (supra) the supreme court was dealing with suo moto powers of mamlatdar under section 84c of the bombay tenancy and agricultural lands act, 1976. .....

Savitaben D/O Balkabhai Raisingbhai Vs. Shankerbhai Naikabhai and ors.

Court : Gujarat

Reported in : (1997)3GLR2653

..... as both these lands were fragment under the bombay prevention of fragmentation and consolidation of holdings act, 1947, (hereinafter referred to as the act, 1947) the assistant collector, dahod, initiated proceedings under section 7 read with section 9 of the act, 1947, for the purpose of impeaching the transactions aforesaid. ..... the bombay prevention of fragmentation and consolidation of holdings act, 1947 is a special act. ..... the purpose of the act, 1947, is also that the person holding a fragment of land should be protected so that he may not be divested of the right in the lands. ..... the contention advanced by the counsel for the petitioner that the sale of these two fragments to one and the same person has advanced the object and purpose of the act, 1947, is difficult to accept. ..... the learned counsel for the petitioner contended that both the authorities below have not considered that though these two lands were fragment, but nevertheless by purchase of these two lands by the petitioner, the purpose and object of the act, 1947, has been fulfilled. ..... in fact, the said transactions were in respect of the same survey number and the land was purchased by one and the same person, and therefore, two fragments were consolidated which would advance the object of the act further. .....

Mahadevbhai Dhanabhai and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2009)2GLR1811

..... collector, ahmedabad found that the said transaction was in violation of provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947 (the act), and therefore, initiated proceedings through the deputy collector. ..... rules 10 and 11 of the bombay prevention of fragmentation and consolidation of holdings rules, 1959 (the rules) lay down the procedure for grouping of lands in a village into blocks and the manner of allotment of new plots to owners. ..... the object of the act is to prevent fragments and consolidate holdings so as to ensure that all agricultural lands operate as viable economic holdings and consolidated lands are not fragmented so as to result in uneconomic holdings. ..... the definition of the phrase 'consolidation of holdings' as appearing in section 2(2) of the act reads as under:(2) 'consolidation of holdings' means the amalgamation and where necessary the redistribution of holdings of portions of holdings in any village, mahal or taluka or any part thereof so as to reduce the number of plots in holdings;thus, the definition itself indicates that after amalgamation of holdings only where redistribution is required, of holdings or portions of holdings in any village so as to reduce the number of plots in holdings, that redistribution has to take place. .....

Sarvagna Navinchandra Godiawala Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2003)2GLR1266

..... the counsel contended that the sale deed executed contrary to the provisions contained in the bombay prevention of fragmentation and consolidation of holdings act, 1947 is a void transaction, and therefore, no rights will flow from such a transaction and the collector was justified in setting aside the same even after a period of 21 ..... , for a considerable time, proceedings on the ground that the transaction in question is void in view of the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947 were not initiated by the revenue authorities.4. ..... the proceedings for setting it aside or declaring the transaction as null and void by the legal heirs of the transferror since deceased sought to be initiated on the ground that transfer made by their predecessor in title was void in view of the provision of the bombay prevention of fragmentation act, 1947 ..... pahwa appearing for the petitioners has raised the following contentions :(1) that the delay in quashing the sale transaction is more than 19 years, and therefore, it is unreasonable;(2) that the land in question is not declared as fragment under section 7 of the act and no such notice is ever given to the petitioners; and(3) that equity is created in favour of the petitioners as they have purchased the land in question in 1968 and they have spent huge amount and that is the main source of their livelihood of the petitioners.the aforesaid three contentions are inter-connected, and therefore, they .....

Smt. Parvathamma W/O Late Byrappa and ors Vs. Smt. Uma W/O Late Munira ...

Court : Karnataka

..... by section 47 of the karnataka act, the bombay prevention of fragmentation and consolidation of holdings act, 1947 was repealed, while expressly providing that section 6 of the karnataka general clauses act, 1899 shall be applicable in respect of such repeal and that section 24 of the said act shall not be applicable. ..... reliance placed in the above decision on a division bench judgment was not relevant as the division bench was dealing sections 7,8 and 9 of the bombay prevention of fragmentation and consolidation of holdings act. ..... the substantial question of law framed at the lime o admission was,"whether the first appellate court was justified tti construing that the cause of action has arisen only upon issuance of legal notice by the respondent, whereas, it is admitted in the plaint that demands were made by the plaintiff immediately upon the repeal of the prevention of fragmentation and consolidation of holdings act. ..... 12,000/- and had agreed to execute a sale deed in respect of the suit properties upon the repeal of the karnataka prevention of fragmentation and consolidation of holdings act, 1966 (hereinafter referred to as ' the fragmentation act' for brevity). ..... and at the time of hearing, additional substantial questions of law were framed as follows:-(1) whether an agreement having been executed in the face of a prohibition under the prevention of fragmentation and consolidation of holdings act. .....

Nirmalabai Pratapsingh Ade and Others Vs. The State of Maharashtra, th ...

Court : Mumbai Nagpur

..... 18 of 1997 were in respect of land converted for non-agricultural use and whether such sale deeds were hit by the provisions of section 8 of the bombay prevention of fragmentation and consolidation of holdings act, 1947 and section 89 of the bombay tenancy and agricultural lands (vidarbha region) act. ..... under section 8 of the bombay prevention of fragmentation and consolidation of holdings act, 1947, the transfers by way of sales creating fragment of small plots in respect of an agricultural land without being converted for non-agricultural purpose is prohibited. ..... (c) how many sale instances of agricultural lands are registered in sale indexes of digras during 1988 to 1997, creating fragment prohibited by section 8 of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... (d) how sale transactions of small plots out of agricultural lands at digras were registered in contravention of section 8 of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... similarly, the agricultural lands cannot be transferred to non-agriculturist without the permission of the collector as required under section 89 of the bombay tenancy and agricultural lands (vidarbha region) act. .....

Radhabai Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1970Bom232; (1970)72BOMLR369; ILR1970Bom841; 1969MhLJ933

..... state of bombay 1960 nag lj 416 under the provisions of the bombay prevention of fragmentation and consolidation of holdings act 1947 that the word 'transfer' not being defined in that act, must be given the same meaning as in section 5 of the transfer of property act and under the transfer of property act it had been held in a number of cases that 'transfer' includes a partition and that therefore it must be held that under the prevention of fragmentation and consolidation of holdings act 1947 also a partition of an agricultural holding amounts to a 'transfer' within the meaning of section 27(b) of that act. ..... we have already referred to the decision of a division bench in dayabhai's case 1960 nag lj 416 where it was held that both under the transfer of property act and under the prevention of fragmentation and consolidation of holdings act 1947 a partition amounts to a transfer. ..... 1958 nag lj 453 was decided under the berar regulation of agricultural leases act and dayabhai's case 1960 nag lj 416 under the prevention of fragmentation and consolidation of holdings act read with the transfer of property act and since the full bench was not concerned with those acts it was unnecessary to decide whether there was a conflict and if so which view was right. .....

Kishan Arjuna Khansole Vs. Ababuwa Baba Khansole

Court : Mumbai

Reported in : 2000(4)BomCR433; 2000(4)MhLj854

..... the learned trial judge however, held the certificate issued under the bombay prevention of fragmentation and consolidation of holdings act, 1947 in favour of the respondent not sufficient for transfer of title and the learned judge also did not accept the document ..... certificate has been issued under section 24 of the bombay prevention of fragmentation and consolidation of holdings act, 1947. ..... appeal, the learned appellate judge held that respondent was in cultivating possession of the land, and in the certificate issued by the consolidation officer his name was shown as owner of the entire survey number including the suit land and the learned appellate judge also held that there was agreement in writing for transfer of the suit land and, therefore, the respondent was entitled to protection in equity of party performance under section 53-a of the transfer of property act and set aside the judgment and decree. ..... 2000/- and has gone to say that on account of the on going consolidation scheme in the village transfers of lands were not allowed and that, on completion of the consolidation proceedings and recording of one acre of land in the name of the respondents, a sum of ..... agreement between the parties and proceeded to hold that the appellant continued to be the owner of the suit land and proceeded to decree the suit. ..... the appellant, in the suit, stated that there was consolidation scheme undertaken in village kamlaj and the respondent managed to get the entire property of survey .....