Judgment Search Results Home > Cases Phrase: the kerala land reforms amendment act 1979 1 Page 1 of about 31,359 results (0.691 seconds)

K. Sankaran Nair (Dead) Through Lrs. Vs. Devaki Amma Malathy Amma and ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)669; JT1996(8)SC664; 1996(2)KLT901(SC); 1996(7)SCALE292; (1996)11SCC428; [1996]Supp6SCR839

..... of 1974 by which he claimed status of a deemed tenant as per the provisions of-section 6c of the kerala land reforms act, 1963 as brought on the statute book by the kerala land reforms (amendment) act, 1979 (hereinafter referred to as 'the act'). ..... these execution proceedings for mesne profits kerala land reforms (amendment) act, 1979 was brought on the statute book. ..... notwithstanding anything contained in section 74, or in any contract, or in any judgment, decree or order of any court or other authority, any pert on in occupation at the commencement of the kerala land reforms (amendment) act, 1969, of the land of another person on the basis of a lease deed executed after the 1st day of april, 1964, shall be deemed to be a tenant if -(a) he (including any member of his family) did not own or hold land in excess of four acres in extent on the date of execution of the lease deed; and(b) he or any member of his family has made substantial improvements on the land.explanation. ..... is of course true that section 6c starts with a non obstante clause and recites that notwithstanding anything contained in section 74, or in any contract, or in any judgment, decree or order of any court or other authority, any person in occupation at the commencement of the kerala land reforms (amendment) act, 1969, of the land of another person on the basis of a lease deed executed after the 1st day of april 1964 shall be deemed to be a tenant if he satisfies conditions (a) and (b) mentioned in the said section. .....

Rajagiri Rubber and Produce Company Ltd. Registered Office at Beach Ro ...

Court : Kerala

Reported in : 2011(2)ILR(Ker)817; 2011(3)KLJ59; 2011(3)KLT18(SN)(C.No.20); 2011(2)KHC658

..... section 108a was introduced by the kerala land reforms (amendment) act, 1979. ..... decision has been made due to the failure to produce relevant data or other particulars relating to ownership or possession before it, or by collusion or fraud or any suppression of material facts the taluk land board may review such decision after giving an opportunity to the parties of being heard and pass such orders as it may think fit: provided that the taluk land board shall not reopen any such case after the expiry of three years from the date of coming into force of the kerala land reforms (amendment) act, 1989." 14. ..... had the taluk land board initiated the present proceedings after the commencement of the kerala land reforms (amendment) act, 1989, it could very well be sustained under sub-section (9a) as well. ..... sub- section (9a) was inserted in section 85 by the kerala land reforms (amendment) act, 1989, which came into force on 30.5.1989. ..... (9), if such decisions had been made due to failure to produce relevant data or other particulars relating to ownership or possession or by collusion or fraud or by any suppression of any material facts, notwithstanding anything contained in the provisions in the kerala land reforms act, or the limitation act or in any other law for the time being in force or in any judgment, decree or order of any court or authority. .....

S.S. Bola and Others Vs. B.D. Sardana and Others

Court : Supreme Court of India

Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507

..... . section 6-c was introduced by the kerala land reforms (amendment) act, 1979 with effect from 7-7-1979 ..... . devaki amma malathy amma39 the kerala land reforms act, 1963 barred creation of leases ..... . the question that arose was whether the legislature, by a side wind, without suitably amending the inams abolition act, as interpreted by the high court, or repealing it, could directly nullify the said law laid by the court and divest, under section 76 of the act, the vested right and declare that the land was not covered by the said ryotwari patta or shall not be transferred or shall be deemed never to have been transferred thereunder and would treat such persons as encroachers ..... . in that case, though the provision in section 28(1) of the hyderabad tenancy and agricultural land act, 1950, as applicable to maharashtra, was amended in 1960, the landlord had not taken advantage of the act by following the procedure in amended provision ..... . therein, the land acquisition act, the central act, was amended by the state legislature which received the assent of the president of india and thereafter the declarations which were found invalid were validated with a non obstante clause .....

Planters Forum Vs. State of Kerala

Court : Kerala

..... . section 6c was brought on the statute book by kerala land reforms amendment act, 1979 ..... .- notwithstanding anything contained in section 74, or in any contract, or in any judgment, decree or order of any court or other authority, any person in occupation at the commencement of the kerala land reforms (amendment) act, 1969, of the land of another person on the basis of a lease deed executed after the 1st day of april, 1964, shall be deemed to be a tenant if- (a) be (including any member of his family) did not own or hold land in excess of four acres in extent on the w.p(c) no.26691 of 2010, etc ..... relation to the malabar district referred to in sub-section(2) of section 5 of the state reorginasation act, 1956 (central act 37 of 1956)- (i) any land to which the madras preservation of private forests act, 1949 (madras act xxvii of 1949), 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 cultivation of tea, coffee, cocoa, 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 .....

Machinjeri (Deceased by Lrs) and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1992Ker224

..... the taluk land board did not deal with this claim properly, though by the time it passed the order on 29-10-1982, the kerala land reforms (amendment) act 27 of 1979 had been enacted introducing section 84(1a) into the act with retrospective effect from 1-1-1970.4. ..... 1215 of 1982 (which we are disposing of separately) that section 84(1 a) of the kerala land reforms act, 1963 (act 1 of 1964) hereinafter referred to as the act, does not enable exclusion of the lands gifted by the declarant between january 1, 1970 and november, 5, 1974 from his accountable holdings in determining the extent of surrenderable area under the ceiling provisions of the act. ..... subsection (1) lays down that all voluntary transfers effected by a person after 15-9-1963 (when the kerala land reforms bill was published) inter alia, otherwise than by way of gift to sons or daughters, or sons or daughters of a pre-deceased son or daughter, or by way of partition shall be deemed to be transfers intended to defeat the provisions of the act and shall be invalid. ..... 7a of the kerala land reforms (ceiling) rules. ..... the statement of objects and reasons to the amendment act 27 of 1979 which we have extracted earlier gives an indication of what the legislature wanted to achieve. ..... according to section 84(l) of the act as amended by act 17 of 1972, gifts made in favour of sons or daughters or sons or daughters of predeceased sons or daughters by persons owning or holding land in excess of the ceiling area are valid. .....

Puthanpurayil Pullotichi Mariyam Vs. Valia Peedikavil Tharamballi Moos ...

Court : Kerala

Reported in : AIR1983Ker87

..... -- notwithstanding anything contained in section 74, or in any contract, or in any judgment, decree or order of any court or other authority, any person in occupation at the commencement of the kerala land reforms (amendment) act, 1969, of the land of another person on the basis of a lease deed executed after the 1st day of april 1964, shall be deemed to be a tenant if -- (a) he (including any member of his family) did not own or hold land in excess of four acres in extent on the date of execution of the lease deed; and(b) he or any member of his family has made substantial improvements on the land. ..... ' for the applicability of section 6-c it must be shown that the person claiming tenancy is in occupation of the land of another person at the commencement of the kerala land reforms (amendment) act, 1969, on the basis of a lease deed executed after the 1st day of april, 1964. ..... learned counsel for the appellant contends that even on the finding of the courts below that the oral lease set up has not been proved, the first defendant is entitled to protection under section 6-c of the kerala land reforms act, as amended by act 27 of 1979. ..... section 6-c introduced by section 3 of the amendment act is extracted below:--'6c. ..... on these findings the suit was decreed and the decision of the trial court was confirmed in appeal by the lower appellate court2. ..... her only defence is that she had an oral lease of the property from a previous karnavan, sooppy, and the oral lease was renewed as per ext. .....

Sankaranarayanan Potti (Dead) by L.R.S. Vs. K. Sreedevi and ors.

Court : Supreme Court of India

Reported in : AIR1998SC1808; JT1998(2)SC637; 1998(2)SCALE476; (1998)3SCC751; [1998]2SCR444

..... 5092 of 1979 contending that the application for final decree was barred by limitation and the otti sought to be redeemed is a tenancy coming within the purview of the provisions of the kerala land reforms (amendment) act and that the order of the land tribunal, finding him to be entitled to fixity of tenure and assignment of the landlords' rights, required the suit against ..... the kerala land reforms (amendment) act, 1969 came into force, if a contention is raised by one of the contesting parties requiring determination of any matter which is by or under the amending act required to be settled, decided or dealt with by the authorities functioning under the amending act the civil court before which such a question arises will not lose jurisdiction to decide such a question in view of the proviso to sub-section (1) of section 125 of the principal act read with section 108(3) of the amending act and such a question can be decided by the civil court itself by applying the relevant provisions of the amending act ..... to settle, decide or deal with any question or to determine any matter which is by or under this act required to be settled, decided or dealt with or to be determined by the land tribunal or the appellate authority or the land board or the taluk land board or the government or an officer of the government:provided that nothing contained in this sub-section shall apply to proceedings pending in any court at the commencement of the kerala land reforms (amendment) act, 1969. .....

Parvathy Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1981Ker239

..... of 1971, the appellate authority dismissed the application filed by the revision petitioner under section 80-b of the kerala land reforms act, act 1 of 1964 as amended by act xxxv of 1969, for short the act,2. ..... but interesting point has been raised in this revision arising out of an order passed by the appellate authority (land reforms), erna-kulam, in l.r.a.s. no. ..... i, therefore, allow the revision, set aside the judgment of the appellate authority and restore the order of the land tribunal: in the peculiar circumstances of the case i make no order as ..... the land tribunal in a rather elaborate order took the view that the fact that the petitioner was holding 8 cents in one survey number and 2 1/2 cents in another survey number, lying separate and away from each other, by itself would not deprive her of her right to purchase the kudikidappu under section 80-b of the act ..... for another thing, on a simple reading of the section it is fairly clear, particularly by the use of the expression 'any land', the provision to become meaningful, the 10 cents should be of a compact area, ..... suffice it to say that the only question that falls for decision in this revision is whether to satisfy the requirement of 'any land' referred to in section 2 (25) of the act it would be enough to have an aggregate of 10 cents of land or whether it is necessary to have a compact area of ..... 1329 of 1977 dated 17-1-1979 whereunder in reversal of the order passed by the land tribunal, vypeen, in ..... ariyavi (1979 ker lt .....

P.V. Jinan Vs. Spl. Tahsildar and ors.

Court : Kerala

Reported in : 2007(3)KLJ193

..... even the application pending on the date of the kerala land reforms (amendment) act 35 of 1969 which came into force on 01-01-1970 would abate, in view of section 72p. ..... in view of these decisions and in view of section 108a of the land reforms act, the petitioner cannot be heard to contend that the application filed by him claiming rights under section 53 of the kerala land reforms act is maintainable before the land tribunal.11. ..... raman gopalan 1978 klt 315, and it was held that when the question of tenancy has become final, the same need not be referred to the land tribunal under section 125(3) of the kerala land reforms act. ..... in the scheme of the act involving sections 72, 72b, 72c and 72p of the kerala land reforms act, after 01-01-1970, an application could not be filled under sections 53 or 54 for the purpose for which an application could be filed under section 72b or a proceeding could be initiated under section 72c.10 ..... as per section 72 of the kerala land reforms act, all right, title and interest of the landowners and intermediaries, if any, stood vested in the government, with effect from 01-01-1970 ..... even before section 108a was introduced by the amendment act 27 of 1979, a full bench of this court in koran v ..... section 108 a of the land reforms act was introduced by amendment act 27 of 1979, which came into force on 07-07-1979. ..... subraya bhat 1979 klt 766, wherein it was held that the question of tenancy which is barred by res judicata need not be referred to the land tribunal. .....

Govinda Pillai Ramadas Vs. Lakshmikutty Amma Ammukutty Amma and Others

Court : Supreme Court of India

Reported in : AIR1993SC244; JT1992(6)SC109; 1992(2)KLT886(SC); 1992(2)SCALE687; 1995Supp(4)SCC402; [1992]Supp1SCR699

..... trial court upheld his plea on the finding that he has been holding the land comprised in the mortgage for a continuous period of not less than 50 years immediately preceding the commencement of the kerala land reforms (amendment) act, 1969 as contemplated by section 4-a. ..... when narayanan nair was decided the kerala land reforms (amendment) act, 1969 (act 35 of 69) which introduced several far reaching provisions including the substituted section 4(a) into the act had not been placed in the ninth schedule. ..... [a] the mortgagee or lessee was holding the land comprised in the mortgage for a continuous period of not less than fifty years immediately preceding the commencement of the kerala land reforms (amendment) act, 1969; or5. ..... the bench further held that the more fact that the amendment act 35 of 1969 amending the kerala land reforms act has been placed in the ninth schedule by the constitution twenty ninth (admendment) act, 1972 cannot serve to widen the scope and ambit of the act. ..... state of kerala the validity of the kerala land reforms act, in particular the provisions introduced by amendment act 35/69 (inter alia imposing a ceiling upon the holdings of agricultural land) was questioned. ..... in the absence of material in the petitions to show prima facie that the lands of the petitioners were not estates we cannot hold that the petitions are not affected by the kerala land reforms act of 1964 as amended in 1969. ..... narayanan nair 1979 k.l.t. ..... narayanan nair 1979 k.l.t. .....