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Cheria Vasudevan Namboodiripad Vs. State of Kerala

Court : Kerala

Reported in : AIR1964Ker171

..... the jenmikaram payment (abolition) act, 1960, cannot possibly be considered as dealing with a right which had ceased to exist long before its enactment it fpllows that the protection afforded by article 31a of the constitution is unavailable to the jenmikaram payment (abolition) act, 1960, and that it is susceptible to attack on the ground that it violates articles 14 and 19(1)(f) of the constitution.9. ..... and if the jenmikaram payment (abolition) act, 1960, relates to the extinguishment or modification of a jenmom right, as contended by the state, then the immunity from attack provided by clause (1) of article 31a will be available and the act will not be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by articles 14 and 19(1)(f) of the constitution.5. in k. k. ..... the position is identical in the case before us, and it must follow that we must strike down the jenmikaram payment ( abolition) act, 1960, as violative of article 14 of the constitution in so far as it relates to jenmies like the petitioner who come under section 4(1) of the act. we do so.17. ..... 'section 3 of the jenmikaram payment (abolition) act, 1960, deals with the abolition of the payment of jcnmikaram and section 4 with the amount of compensation to be paid. ..... this petition challenges the validity of the jenmikaram payment (abolition) act, 1960, on the ground that it violates articles 14 and 19(1)(f) of the constitution. .....

Kidangoor Devaswom represented by Balakrishnan and Others Vs. K.N. Kri ...

Court : Kerala

..... . much arguments were raised with reference to ext.a20, a gazette notification issued under section 4(3) of the jenmikaram payment (abolition) act, 1960 (act 3 of 1961) ..... . rule 4 of the jenmikaram payment (abolition) rules, 1961 provides that the question whether an institution is a religious or charitable institution of public nature under section 4 of act 3 of 1961 shall be decided by the collector of the district ..... . this was based on an application made under rules 4 and 5 of the jenmikaram payment (abolition) rules, 1961 ..... . sub-section (2) thereof provides that where the jenmi whose right to receive payment of jenmikaram has been extinguished is, at the commencement of this act, a religious or charitable institution of a public nature, government shall, by way of compensation, pay to the institution every year an amount equal to the balance arrived at after deducting from the jenmikaram which such institution was entitled to receive immediately before the commencement of this act, two and a half per cent of such jenmikaram towards collection charges ..... . the provisions of section 4 of act 3 of 1961 show that the government shall pay to every jenmi other than a religious or charitable institution of a public nature whose right to receive payment of jenmikaram has been extinguished, compensation according to the scales specified in the schedule .....

Narayanaru Vs. Kanniammal and ors.

Court : Chennai

Reported in : AIR1973Mad471; (1973)1MLJ448

..... a-3 functioning under the madras act 39 of 1964, namely the madras (transferred territory) jenmikaram payment abolition act 1964, holding that the land in question is not jenmom land, precluded the civil court from going into the question whether the suit land is a jenmom land or not. 3. ..... as far as the third point is concerned as i pointed out already, the argument is based upon the madras (transferred territory) jenmikaram payment of abolition act 1964 ex. ..... 51/65 by the assistant settlement officer, nagarcoil, purporting to be under s 9 of that act sub-section(1) of section 9 of that act states that where any person claims that any jenmom land in respect of which he is the jenmi or the kudiyan has not been included in the register of jenmikarams as in force on the date of the publication of this act, he shall make an application to the settlement officer for inclusion of such jenmom land. ..... against the order of the settlement officer an appeal is provided for under section 17 to the tribunal, section 31(1) of the act says that any order passed by any officer the board of revenue or other authority or any decision of the tribunal or the high court under this act in respect of matters to be determined for the purposes of this act shall subject to any appeal or revision provided under this act be final sub-section(2) states that no such order or decision shall be liable to be questioned in any court of law. 6. mr. .....

K. Ganapathia Pillai Vs. Maheswaran Pillai and ors.

Court : Chennai

Reported in : (1982)2MLJ151

..... however, it was argued before me that consequent to the passing of the jenmikaram abolition act, this right, even assuming that it existed, had been put ..... some of the tests formulated by the learned judge are: the label given by the parties, the ratio which the consideration bears to the value of the property, the presence in the document of anything savouring of subjection on the part of the transferee to the transferor, the transferor's need for money, and whether the periodical payments are stated' to be by way of residual rent or by way of profits.from the above, it is clear that it is the intention of the parties which requires ..... land (other than pandaravagai, sreepandaravagai, kandukrishi or sirkar devaswom land, recognised as such in the sirkar accounts) which is either entirely exempt from government tax or, if assessed to public revenue, is subject to rajabhogam only, and the occupancy right in which is created for a money consideration (kanom) and is also subject to the payment of michavaram or customary dues and the periodical renewal of the right on the payment of renewal fee.it is significant to note that all varieties of pandaravagai lands are excluded from ..... the jenmikudiyan amendment act was promulgated, which provided for fixation of a uniform annual payment called jenmikaram ..... thus lost their characteristic feature of jenmom land as being wholly exempt from sirkar tax or only subject to the payment of rajabhogam, cannot thereafter be deemed to be jenmom properties. .....

Commissioner of Income-tax Vs. Smt. A.K.T.K.M. Vishnudatha Antharjanam

Court : Kerala

Reported in : [1973]91ITR521(Ker)

..... on the other hand, it was urged by counsel on behalf of the assessee that the jenmikaram payments provided under the act are nothing other than compensation payable to the jenmi who had been deprived of his interest in the land. ..... --(1) from and after the commencement of this act, the jenmi shall not have any right, claim or interest in any land in a holding except the right to receive the jenmikaram thereon and the kanom-tenant shall be deemed to be the owner of the land subject only to the payment of the jenmikaram. ..... ..... on theother hand, it appears to us that what was received is an amount more orless equivalent to what was payable by the kudiyan to the jenmi beforethe abolition of the rights of the jenmi in the land calculated in the mannerprovided in the act regarding which a statutory obligation to pay was caston the kudiyan. ..... the case arose in the wake of the promulgation of the madras estates (abolition and conversion into ryotwari) act, 1948. ..... on the other hand, it takes note of the loss of income incurred by the former owners due to the abolition of the estates. .....

Gopal Chettiyar Vs. Represented by Inspector of Police

Court : Chennai

..... under section 17 of bonded labour (abolition) act, 1978 and 12 months rigorous imprisonment and to pay a fine of rs.300/- in default to undergo simple imprisonment for three months for an offence under section ..... district munsif-cum-judicial magistrate, thenkanikottai in c.c.no.66 of 2006, order dated 25.10.2007 convicted the petitioner to undergo six months rigorous imprisonment for an offence under section 374 of ipc, and 12 months rigorous imprisonment and to pay a fine of rs.300/- in default to undergo three months simple imprisonment for an offence under section 16 of bonded labour (abolition) act, 1975 and 12 months rigorous imprisonment and to pay a fine of rs.300/- in default to undergo three months simple imprisonment for an offence ..... he had further stated that the said gopal chettiar used to pay rs.1,000/-, rs.2,000/- to whoever comes to work for preparing snacks and he paid a sum of rs.170/- to 270/- as weekly payment to such labourers. .....

Metal Powder Co. Ltd., Tirumangalam and anr. Vs. the State of Tamil Na ...

Court : Chennai

Reported in : (1985)IILLJ376Mad

..... the explanation in the industrial disputes act reads : 'for the purposes of clause (2), the number of days on which a workman has actually worked under an employer shall include the days on which :-' the explanation in the act reads : 'for the purpose of this section, the number of days on which workman has worked in an industrial establishment shall include the days on which -' the difference between the two explanations is that the opening words of the explanation in the industrial disputes act are 'for the purposes of clause (2)', while the opening words of the explanation in the act are 'for the purposes of the section.' 11. ..... 489, construing the provisions of the contract labour (regulation and abolition) act, 1970 the supreme court held that the absence of provisions for appeal was not unreasonable in the context of the provisions of the act. ..... similarly, they were denied various other benefits like payment of festival, cyclone and marriage advances, payment of ex-gratia over and above the statutory bonus, supply of uniforms and tea, preference for the dependents of the employees in the matter of employment, etc. ..... salem municipal council (85 law weekly, 760), dealing with the madras city tenants protection act, 3 of 1922, and amending acts 6 of 1926, 19 of 1955 and 13 of 1960, the division bench of this court have quoted the following passage from the decision in west v. ..... their workmen 1960-i-l.l.j. .....

Anant Kibe and ors. Vs. Purushottam Rao and ors.

Court : Supreme Court of India

Reported in : AIR1984SC1121; 1984(1)SCALE783; 1984Supp(1)SCC175; [1984]3SCR484; 1984(16)LC996(SC)

..... the question was whether the plaintiff being the holder for the time being of the kundgol deshgat estate which was an impartible estate, the succession to which was governed by the rule of lineal primogeniture, was entitled to remain in full and exclusive possession and enjoyment of the watan lands resumed under section 3(4) of the bombay 'pargana & kulkarni watans (abolition) act, 1950 and section 4 of the bombay merged territories miscellaneous alienations abolition act, 1955 which had been regranted to him as an occupant thereof under section s'4 and 7 of the acts ..... the effect of the non-obstante clause in section 3(4) of the 1950 act was to bring about a change in the tenure or character,of the holding as watan lands but did not affect the other legal incidents of the property under the personal law and if the property belonged to the joint hindu family, then the normal rights of the members of the family to ask for partition were not in any way affected and therefore the re grant of the lands to the watandar under section 4(1) of the 1959 act and section 7 of the 1955 act must ensure to the benefit of the ..... although under the bombay pargana & kulkarni watans (abolition) act, 1950 and the bombay merged territories miscellaneous alienations abolition act, j955 there was at first an abolition of watans and resumption of watan lands, followed by re-grant of such lands to the watandar as an occupant under the bombay land revenue code, 1879, that ..... anandsingh sakharam 1960 mpl j 962 .....

Bhavani Tea and Produce Co. Ltd. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : JT1991(1)SC503; 1991(1)KLT666(SC); 1991(1)SCALE319; (1991)2SCC463; [1991]1SCR550

..... both the company and the state having claimed these plots under the provisions of the vesting act and the custodian and the tribunal on the basis of the commissioner's report and evidence adduced before it as also the high court having already found the facts as regards these plots we are of the view that the scope of this court in this appeal under article 136 of the constitution of india is rather limited. ..... 5 of the states reorganisation act, 1956 (central act 37 of 1956)(i) any land to which the madras preservation of private forests act, 1949 (madras act xxvii of 19.19, applied immediately before the appointed day excluding-(a) lands which are gardens or nilams as defined in the kerala land reforms act, 1963 (1 of 1964):(b) lands which are used principally for the cultivator of tea, coffee, cocooa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market ..... that the vesting act purported to acquire forests land without payment of compensation for implementing a scheme of agrarian reform by assigning lands on registry or by way of lease to the poorer section of the agricultural pouplation. ..... the meaning of the words 'janmam' and janmi' and their rights envisaged in gudalur janmam estates (abolition and conversion into ryotwari) act, 1969 (24 of 1969) were considered in balmadies plantations ltd. .....

Project Technologists Pvt. Ltd. Vs. P.C. Bhargava and ors.

Court : Gujarat

Reported in : (1998)1GLR700

..... what is most distressing in this case is that even after the petitioner was caught in the act of not paying to the labour the minimum wages he tried to circumvent the law by creating a device of payment by bank manipulations ......'. ..... the absence of even the name of the petitioners on the payment sheets, the absence of signature of any of their officers thereon, the absence of any independent witness and serious discrepancy in the deposition of their own witness are factors which are taken into consideration by the learned minimum wages authority and the authority cannot be faulted for that. ..... the defence of the petitioners is that in fact they have made the payment but for the reasons stated above the minimum wages authority could not accept the defence and held that there was a short payment. ..... section 20(3) of the act directs the payment of the wages to the employees and that there is no provision for deposit. ..... it cannot be denied that section 20(3) of the act vests a discretion in the authority to direct the payment of compensation, and in deserving cases, it can be equal to ten times of the wages. ..... ajmera, therefore, submitted that an these facts the finding of the authority that the payment had not been made could not be faulted. 7. ..... it is relevant to note in this connection that the petitioner was having a valid licence under the contract labour (abolition & regulation) act, 1970, for 92 workman. 3. .....