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State of Chhattisgarh Vs. Chattisgarh Board of Revenue, Bilaspur and O ...

Court : Chhattisgarh

Reported in : 2012AIR(Chhat)34

..... again the post of commissioner was created vide the chhatisgarh land revenue code (amendment) ordinance, 2008 (ordinance no.1 of 2008) published in the chhattisgarh gazette on 5-4-2008. ..... it is made clear that the order passed by the collector of stamps shall be subject to first appeal and second appeal in accordance with the provisions of the indian stamp (chhattisgarh amendment) act, 2010 (no. ..... the cases are remitted back to the collector of stamps who shall provide complete opportunity of hearing to the parties to adduce evidence and after holding enquiry under the provisions of the indian stamp act (chhattisgarh prevention of undervaluation of instruments) rules, 1975 and the guide-lines notified under the chhattisgarh preparation and revision of market value guidelines rules, 2000, pass order afresh. 30. ..... after re-creation of the post of commissioner sub-sections (4) and (5) of section 47-a of the act were amended vide the indian stamp (chhattisgarh amendment) act, 2010 (no.25 of 2010) published in the gazette on 18-10-2010 and thereby the provisions as stood prior to 6-10-2003 have been restored. 7. mr. ..... after abolition of the post of the commissioner, sub-section (4) of section 47-a of the act was omitted vide the indian stamp act (chhattigarh amendment) ordinance, 2003 (ordinance no. ..... jayalalitha and others, 2003 air scw 6349 in which while dealing with the amended provisions of section 47-a of the act by the state of tamil nadu and the prevailing rules i.e. .....

Yadram (Dead) Through LRs. and Others Vs. The State of Chhattisgarh an ...

Court : Chhattisgarh

..... amendment act no.15 of 1980 with effect from 24-12-1980, are applicable in respect of transactions prior to commencement of chhattisgarh land revenue code, 1959, involving transfer / acquisition of right by a non-tribal over a land which, before such acquisition of title or interest or transfer, belonged to a member of tribe who has been declared to be an aboriginal tribe under sub section (6) of section 165 of the c.g. ..... in view of the legal opinion we have formed regarding the applicability of section 170-b of the code, we answer the question referred that the provisions of section 170-b of the code and act no.15 of 1980 (with effect from 24-10- 1980) will apply in respect of transaction involving transfer / acquisition of right by a non-tribal over a land, before such acquisition of title or interest ortransfer, belonged to member of tribe who has been declared to be an aboriginal under sub-section (6) of section 165 of the code from the commencement of the chhattisgarh land revenue code, 1959 i.e. .....

Smt Nanbutia; Laxmi.Vs. Smt Manglinbai; Shyamlal; Jagdish.

Court : Chhattisgarh

..... -(1) every person who on the date of commencement of the chhattisgarh land revenue code (amendment) act, 1980 (hereinafter referred to as the amendment act of 1980) is in possession of agricultural land which belonged to a member of a tribe which has been declared to be an aboriginal tribe under sub-section (6) of section 165 between the period commencing on the 2nd october, 1959 and endings on the date of the commencement of amendment act, 1980 shall, within two years of such commencement, notify to the sub- divisional officer in such form and in such manner as may be prescribed, all the information as to how he has come in possession of such ..... land revenue code, 1959 (for short `the code') for declaration of the alleged transactions as null and void. ..... as per clause (l) of section 257 of the code, jurisdiction of the civil court is barred relating to the matter covered under section 170-b of the code, although in the year 1995 by amending act no.38 of 1995 bar has been created relating to section 170-b of the code. ..... as per clause (l) of section 257 of the code, civil suit relating to proceeding under section 170-a of the code was barred and the aforesaid provisions was amended by amending act no.18 of 1984. .....

Sri Ram Ram NaraIn Medhi Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1959SC459; (1959)61BOMLR811; [1959]Supp1SCR489

..... there is no doubt therefore that the bombay land revenue code, 1879, was an existing law relating to land tenures in force in bombay at the time when the constitution (fourth amendment) act, 1955, was passed and article 31a in its amended form was introduced therein and the expression 'estate' had a meaning given to it under section 2(10) there, viz. ..... it was urged that the code was passed by the state legislature in order to consolidate and amend the law relating to revenue officers, and to the assessment and recovery of land revenue, and to other matters connected with the land revenue administration in the presidency of bombay and was merely concerned with the collection of land revenue by the state and had nothing to do with land tenures as such. ..... under section 2(21) of the said act the words and expressions used in the act but not defined were to have the meaning assigned to them in the bombay land revenue code, 1879, and the transfer of property act, 1882, as the case may be. 7. ..... section 2 of the act defined the expressions 'to cultivate personally' (section 2(6)); 'landholder' (section 2(9)); 'protected tenant' (section 2(14)) amongst other expressions and provided in section 2(21) that words and expressions used in this act but not defined shall have the meaning assigned to them in the bombay land revenue code, 1879, and the transfer of property act, 1882, as the case may be. .....

State of M.P. and Others Vs. Balveer Singh and Others

Court : Madhya Pradesh

Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644

..... . the second category of bhumiswamis consists of those persons specified in section 158 (3) of the code which fall in the category of government lessees before the enforcement of the madhya pradesh land revenue code amendment act, 1992 ..... the madhya pradesh land revenue code, 1959 was enacted and was brought into force to consolidate and amend the law relating to the land revenue, the powers of the revenue officers, rights and liabilities of holders of the land from the state government agricultural tenures and other mattersrelating to land and liabilities incidental thereto in the newly constituted and reorganised state of madhya pradesh as it now exists. ..... . (4)-- the provisions of the indian limitation act will have application only to the extent permissible under section 29 of the said act and where special period of limitation is prescribed under the provisions of the land revenue code, the same shall prevail over the limitation prescribed under the indian limitation act, 1963 and further the extinguishment of the right under section 27 of the limitation act will not automatically result in the accrual of bhumiswami rights or any superior right on the ground of adverse possession. 67 .....

Panchfulabai Bapubao Deshmukh Vs. Maharashtra Revenue Tribunal

Court : Mumbai

Reported in : (1962)64BOMLR717

..... there is the further condition the interpretation of which is the subject of considerable debate before us and that condition is thatsuch surrender has not been verified in the manner prescribed in sub-section (2) of section 6 of the berar regulation of agricultural leases act, 1951, or sub-section (2) of section 177 of the code.the reference to the code here is a reference to the madhya pradesh land revenue code, which was m.p. ..... , shall continue as if no surrender had been made;(b) if the protected lessee is not in possession of the land, the revenue officer shall, if such lessee is willing to continue to hold the lease on the same terms and conditions oil which he was holding the land prior to surrender, evict the person in possession and restore the land to the protected lessee.as a result of the amendment it was not enough for the cessation of the rights of a protected lessee in the land in his possession or relationship of landholder and tenant between the landholder and the protected lessee to have a document executed and registered .....

Mahila Ramkali Devi and Ors. Vs. Nandram Thr. Lrs. and Ors.

Court : Supreme Court of India

..... land revenue code (amendment) act no.38 of 1961 which came into force with effect from 8.12.1961 and the personal law was made applicable to devolution of bhumiswami rights and property of the bhumiswami after his death was to pass by inheritance, survivorship or bequest, as the case may be.14. ..... land revenue code (amendment) act, 1961, made the personal law of the parties applicable to devolution to agricultural properties. ..... , air1974mp141 was whether the provision for succession of bhumiswami rights under section 164 of the madhya pradesh land revenue code, 1959 as it stood before its amendment in 1961, was a valid provision or it was ultra vires in view of section 4 of the hindu succession act, 1956. ..... during the course of hearing an application is filed by the respondents under order 6 rule 17 cpc for amendment to the effect that the respondents dinesh, satish, sanjay and rajendra fails under class xvii of the madhya pradesh land revenue code. ..... land revenue code, came to the conclusion that ajuddhibai had no right to execute the will in respect of agricultural land prior to amendment of section 164 of the code. ..... land revenue code (hereinafter referred to as the code ), which dealt with devolution of interest of a bhumiswamy and transfer of rights respectively were amended on 8.12.1961. ..... land revenue code, 1959, after amendment of section 164 by the m.p. .....

Rangildas Varajdas Khandwala Vs. Collector of Surat and ors.

Court : Supreme Court of India

Reported in : AIR1961SC291; (1961)63BOMLR514; [1961]1SCR951

..... section 117-r is a deeming provision and lays down that all settlement of land-revenue here to before made and introduced and in force before the commencement of the bombay land revenue code (amendment) act, 1939, by which this chapter was introduced in the code shall be deemed to have been made and introduced in accordance with the provisions of this chapter and shall not with stand anything contained in s. ..... 134 of the bombay land revenue code, 1879, (hereinafter called the code), as the land was being used for non-agricultural purpose and a large bungalow had been erected on it. ..... section 5 makes it clear that all inam lands shall be liable to the payment of land-revenue in accordance with the provisions of the code and would thus be liable to full assessment as provided by the code. ..... section 48 lays down that the land revenue leviable on any land shall be assessed with reference to the use of the land (a) for the purpose of agricultural, (b) for the purpose of building and (c) for any purpose other than agriculture or building. ..... 5 makes all inam villages or inam lands subject to the payment of full assessments of land-revenue in accordance with the code. ..... that chapter was introduced in the code in 1939 and deals with assessment and settlement of land-revenue on agricultural lands. ..... 5 of the act read with the provisions of the code; it can only be assessed as non-agricultural land for that is the use to which it is being put now when the assessment is to be made. .....

Mithy Granite (P.) Ltd. Vs. Income-tax Officer

Court : Karnataka

Reported in : ILR2004KAR790; [2004]266ITR151(KAR); [2004]266ITR151(Karn)

..... however, before we do that, we think that it is useful to refer to section 80hhc(2)(b)(ii) of the act prior to the amendment and subsequent to the amendment which reads as follows :section 80hhc(2)(b) prior to amendmentsection 8ohhc(2)(b)(ii) after amendment(2)(b) this section does not apply to the following goods or merchandise, namely :--(i) mineral oil ; and(ii) minerals and ores. ..... . it is no doubt true, that it is permissible for the court to take into account the subsequent amendment made to an act to understand a provision in an act prior to the amendment made, when the language employed in a provision in an enactment is either not clear or ambiguous or it cannot be given proper meaning or when the meaning given to such a provision leads to absurdity ..... state of rajasthan, [marwar land revenue act, 1949, section 231].mineral--any substance that is neither animal nor vegetable. ..... . : [2003]262itr417(mad) relied upon by sri sheshachala, has differed from the view taken by this court and the said view supports the view we have taken above ..... : [2003]262itr417(mad) and referred to us page 425 of the judgment wherein the division bench has expressed its inability to agree with the view expressed by this court. ..... : [2003]262itr417(mad) .10. .....

Upendralal Vs. Smt. Narainee Devi Jha

Court : Madhya Pradesh

Reported in : AIR1968MP89; (1969)IILLJ285MP

..... land revenue code (amendment) ordinance no. ..... in the petition the ordinance is stated to be the act of the state government done to facilitate the election of the party candidates, meaning the candidates of the congress organization, and in para 14 it is further alleged that the state government made the said declaration as an agent of the respondent or with her consent with the object directly or indirectly of inducing the majority of the electors to vote for the congress candidate or to refrain from voting for non-congress candidates. ..... 6 (a) against the petitioner and hold that the said ordinance is not an act of the state government which has been done as an agent of the respondent or with her consent and the said ordinance cannot be held to have been issued mala fide to facilitate the election of the respondent on the possibility that due to the said ordinance some of the voters might have made up their mind to vote for the congress candidate. ..... similarly, it is preposterous to claim that the act of the promulgation of the said ordinance and the conferral of benefits under it amount to undue influence on the voters who are benefited by it.it is observed that the benefit of the ordinance flows to various persons falling in the category provided for in the ordinance without reference to their political views or opinion. .....