Court : Andhra Pradesh
Reported in : AIR1968AP239
..... before lung the impartible estate of jeypore was abolished by reason of the advent of the orissa estates abolition act and became vested in the government of orissa on 29-12-1952. ..... the learned judge proceeded on the basis that since the dispute is not as to the liability to pay court fee or the quantum thereof which is in fact admitted by the appellant but onlv as to his remedy in pauper form which relief is incapable of valuation being an abstract right to seek remedy on a scheme of deferred payment of court fee, the third view of the subject matter being incapable of valuation would be attracted and the court fee shall have to be paid in accordance with section 50 corresponding to section 47 of the present act.48. ..... swarajyam, (1960) 1 andh wr 350 section 50 says that if no specific provision is made in the act or in any other law regarding the value of any suit for the purpose of determining the jurisdiction of courts value for that purpose and value for the purpose of computing the fee payable under the act shall be the same. ..... ilr (1959) bom 1603 = air 1960 bom 61 considered the scope and province of this expression and observed thus:'the expression 'deemed' is used a great deal in many modern statutes and for many purposes, it is at times used to give a special glossary or paraphrase to an expression or an artificial construction to a word or phrase. ..... 28 of 1960 (mad) where ramachandra iyer, c. j. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT635
..... , therefore, the civil court has jurisdiction to entertain the suit and to go into the question of the nature of land and decide the same on the material placed ..... court would normally do in a suit, then only the civil court's jurisdiction would be barred....following the above decision, this court held as under:.the said judgment is no longer good law in view of the decision of the supreme court and held that the order passed under section 11 of the estates abolition act is not final and conclusive and that the jurisdiction of the civil court to examine the issue of nature of the land which is incidentally determined by the tribunal, has not ousted either expressly or impliedly and ..... survey, settlement and land records, hyderabad : 2000 (2) alt 276 : 2000 (2) ald 124 wherein after a lapse of 15 years, site inspection took place and the same cannot be relied on to come to a firm conclusion that the entire land is non-cultivable land and it was further held that the report in 1960 submitted by the subordinate revenue officials clearly indicate that was a ryoti land and that it was capable of cultivation. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1986AP52
..... tahsildar, rapur (1980) 1 aplj (hc) 1 : (air 1980 andh pra 118) laid down that the inams covered by the inams abolition act are not abolished on the date of coming into force of the act but the abolition of inams takes place only on the date of grant of a ryotwari patta in favour of a land holder or the tenant as the case may be. ..... unlike in the case of andhra pradesh (andhra area) estates abolition act 26 of 1948 there is not provision in the inams abolition act vesting the inams in the state during the process of abolition of the inam tenure except in the case of communal lands covered by sec. ..... sri lakshmi narasimhaswamy varu 91963) 2 andh wr 214 specifically adverted to this question and held that as per the provisions of the act (inams abolition act ) the service holder is entitled to the ryotwari patta absolutely and it is for the legislature to make a suitable provisions if a condition as to service has to be imposed. ..... further there is no prohibition under the provisions of the inams abolition act ousting the jurisdiction of the civil court deciding the question of rights inter se the inamdars, or the third parties and the inamdars as the case may be. ..... sattemma (1960) 1 andh wr 433 the question was whether the plaintiff can sue for recovery of the emoluments when his grandfather, and subsequently his father submitted the resignation to a hereditary office of village artisan of blacksmith. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD548; 2007(6)ALT647
..... after critically examining the judgment of the civil court, we find that its conclusions were mainly based on the post-amended definition of section 2(1)(b) of the 1952 act under which the power of atiyat court was confined to payment of commutation amounts in respect of jagir lands covered by the regulation 1358 fasali or the compensation payable in respect of the inam lands covered by the hyderabad inams abolition act, 1955. ..... of our finding that the order of the honourable revenue minister is not at variance with the order of the atiyat court with regard to the kokapet lands, even assuming that the order of the honourable revenue minister got validated by the provisions of the 1960 act, it creates no rights in the legal heirs over the kokapet lands.re-point no.4:the words 'muntakhabs and vasikas' were defined as documents issued by competent authorities as a result of inam or succession enquiries held under the dastoor-ul-amal inams or other government orders on the subject and issued ..... (4) even if there is any defect in the order passed by the honourable revenue minister, in view of the provisions of the revenue minister's orders (violation) act, 1960 (for short 'the 1960 act'), the said order of the honourable revenue minister stands validated and that, therefore, the respondents are not entitled to ignore the order of the honourable revenue minister on the ground that the same is either not validly passed or that he has no jurisdiction to pass such an order. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1972AP1
..... the mere non-user of the communal lands for the purposes for which they were intended and set apart, as on the date of the application of the abolition act to the estate is not material and does not alter their communal character, if, by the time the abolition act came to be applied to the estate in which they are situate, they were lands coming within the description specified in section 3 (16) (a) (b) and (c) of the estate land act. ..... they argue that on the abolition of the estate the original character of the lands ceased to exist and, therefore, when pattas are applied for under section 13 of the abolition act, the land-holder would be entitled to a ryotwari ;patta if the lands were not actually being used as tank bed at that time. ..... state of andhra pradesh, (1960) 1 andh wr 40 = 1960 andh lj 188 that it is difficult to postulate that a tank could be regarded as a private land notwithstanding its situation in the middle of other lands to which the landholder could claim a ryotwari patta. ..... state of madras, 1959-2 mad lj 254 = (air 1960 mad 15) (fb); a full bench of the madras high court held that a tank bed in an estate a is not a communal poramboke, but the landholder's rights would be retracted in a tank which is the source of irrigation for the lands in the estate. ..... (1960) 2 mad lj 182 = ilr (1960) mad 333; the applicability and scope of section 13 (b) (iii) arose for consideration before a division bench. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP331
..... the collector requests instructions pending the decision of the settlement officer on the question of the landholder's eligibility whether to ryotwari patta for the lands under section 15 of the abolition act, whether the land vests in the government under section 3(b) of the abolition act and whether the case may be examined under section 20 of the abolition act and whether section 20 applies to lands for which ryotwari patta would be ..... the provisions of the abolition act, it is first defendant as being in sole possession and enjoyment by the date of the introduction of the act, that is entitled to patta for the suit lands but not the ..... contended in para 7 of his written statement that he (d-1) and not the plaintiff was entitled to patta for the suit land and that the first defendant was in sole possession and enjoyment by the date of introduction of the madras estates abolition act.(29) in ex. ..... under section 20, madras estates abolition act, the government may terminate his ..... whether the plaintiff has no title to the suit properties as a result of the madras estates abolition act? ..... 3(d) of the abolition act, the land would vest in government from the date of ..... when the judgment of the trial court was pronounced on 3-5-1960, the period of eight years covered by ..... towards plaintiff's half share of dry crops payable by defendant to plaintiff under the letter, dated 3-9-1948, for three years before the suit with subsequent interest from date of demand until payment. ..... 2 of 1960 on his .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1974AP240
..... arise for consideration in this second appeal are : (1) whether the inam tenure is abolished and converted into a ryotwari tenure from the date of commencement of the inams abolition act : (2) whether section 15 of the inams abolition act repeals act iii of 1895 ; (3) in case it is held that the land in question continued to be an inam land and is governed by the provisions of act iii of 1895 , whether section 5 of the said act applies , and (4) assuming that the suit agreement of sale is not hit by section 5 of act iii of 1895 , is it otherwise void ab intitio being contrary to public ..... the plaintiff-appellant in this second appeal filed a suit for specific performance of an agreement of sale executed by the 2nd respondent, ist defendant in the suit, on 24th october , 1960 after obtaining full consideration for the sale from the plaintiff. ..... before we take up the consideration of questions (3) and (4) , it is necessary to refer to the circumstances in which the agreement of sale was executed by the 2nd respondent in favour of the appellant on the 24th october , 1960 (ex. a-1). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP40
..... under section 4 of the oriental gas company act, 1960, the management of the company was transferred to the state government with effect from the appointed day and for a period of five years, thereafter, and the company, its agents and servants shall cease to exercise as from that date management or control the same.in the circumstances, their lordships observed that there was certainly a legal right accruing to the appellant under the agreement and that was abridged, if not destroyed, by the impugned act, and that it was ..... 532 dated 15.5.1964 of the panchayat raj department of the government of andhra pradesh which is the only notification that is impugned, being ultra vires the powers vested in the government under sections 3 (3) and 2 (b) is quashed not only to the extent the delimitation of the block effects the abolition of the samithi but also to the extent that such abolition affects the reconstitution of other samithis. ..... (2) all arrears of taxes or other payment by way of composition for a tax or due for expenses or compensation or otherwise due to a panchayat at the commencement of this act may be recovered as if they had accrued under this act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP1
..... it is obvious from the above provisions, that in so far as matters relating to (a) and (b) specified in section 56(1) of the abolition act are concerned, prior to the estate being taken over under the abolition act, the dispute had to be determined by the collector, not only in respect of whether any rent due from a ryot for any fasli year is in arrears, but also what amount of rent is in arrears, and the collector would, after an enquiry, grant a decree and the same could be executed in accordance with the provisions of that act.9. ..... a similar contention and held after considering the provisions of section 3 and the proviso thereto and section 64 of the estates abolition act as follows:-----'the effect of this section is that the respondent shall be deemed to be in possession of the lands notwithstanding the temporary dispossession of the lands by the appellants. ..... was placed upon this decision of the supreme court in the case already cited, namely (1964) 1 andh lt 292 where it was held that the provisions of the two acts are not analogous and that no reliance can be placed upon the said decision for the purpose of construing the provisions of the madras estates abolition act.34. ..... the court below also held that the plaintiff was in possession within 12 years of the suit and that the last payment of rent by the second defendant to the plaintiff was on 6-8-1947 evidence by ex. a-4 ..... perayya (1960) 2 andh wr 215 is also a case where the suit was filed after the estate was notified .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1980)19CTR(AP)154; [1981]127ITR549(AP)
..... while the amount of compensation payable under the bihar zamindar abolition act is an amount which does not vary when calculated according to the principles laid down under that act and that amount is payable on fixed dates, the amount of compensation to determined under the provisions of the land acquisition act is the market value of the land which will vary from case to case. ..... the wto determined the wealth of the assessee in respect of the asset acquired under the land acquisition notification dated august 25, 1960, on the total amount of the compensation ultimately paid to the assessee as a result of the dismissal of the state's appeal by the high court on december 18, 1970. ..... though the amount of compensation determined under the award and later enhanced by the city civil court and confirmed by the tribunal is the quantification of the original right of the assessee to receive the compensation which flowed from out of the acquisition made under the notification dated august 25, 1960, the entire amount of rs. ..... but it should be borne in mind that in this case for the assessment years 1960-61 to 1962-63, the relevant dates were march 31, 1960, march 31, 1961, and march 31, 1962, by which dates the amount of compensation was neither determined not paid. ..... on appeal, the tribunal held that the total value of the asset for the purpose of the assessment of wealth-tax as on the valuation dates for the assessment years 1960-61, 1961-62, 1962-63, to be 50% of rs. .....
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