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All India Lawyers Union Vs. State of Kerala

Court : Kerala

Reported in : 2005(1)KLT629

..... section 83 of the kerala land reforms act, 1963 (hereinafter referred to as 'the act') provides that no persons shall be entitled to own or possess lands in excess of the ceiling area with effect from 1st january, 1970 (notified date). ..... in paragraph 28 of the judgment the supreme court observed as follows:'while the high court was justified in taking the view that the scope of the enquiry in the taluk land board is that relating to the surplus land with which the land tribunal is not concerned, the certificate of purchase has its own 'conclusive' evidentiary value to the extent provided in section 72k(2) in proceedings before the taluk land board. ..... apart from questioning the maintainability of the writ petition challenging the order of the taluk land board and locus standi of the petitioner to challenge the same, respondents also denied all allegations made in the writ petition.2. ..... this writ petition is filed by the all india lawyers union, kerala state committee as a public interest litigation challenging ext.p2 order of taluk land board, kozhikode in so far as it exempted 35 acres of land from the property owned by late p.v. ..... it has also come out in evidence that the said school was started in 1958 and the land around the school was being used for the purposes of the school-. ..... it has also come out in evidence that the school was in existence from 1958 onwards. .....

Anish Vs. District Collector

Court : Kerala

..... --(1) notwithstanding anything contained in the kerala land conservancy act, 1957 (8 of 1958) or in any other law for the time being in force, all public water courses (other than rivers passing through more areas, than the panchayat area which the government may, by notification in the gazette, specify), the beds and banks of rivers, streams, irrigation and drainage channels, canals, lakes, back waters and water courses and all standing and flowing water, springs, reservoirs, tanks, cisterns, fountains, wells, kappus ..... vithalrao ganpatrao warhade ((1998) 8 scc 284), the learned counsel for the petitioner contended that, when a subsequent act amends an earlier act, it is as if the altered words had been written into the earlier act and that, since the kerala panchayat raj act is an act of 1994, the provisions of the panchayat raj act should prevail over the provisions of the kerala land conservancy act, 1957. ..... i say so for the reason that, when the legislature amended explanation iv to s.3 of the kerala land conservancy act, the legislature was fully conscious of the fact that in 1994, the kerala panchayat raj act was introduced and that, s.218 of the act contained a non obstante clause and contemplated an absolute vesting of river and the river beds in the panchayats. .....

State of Kerala and anr. Vs. Malayalam Plantations Ltd.

Court : Kerala

Reported in : AIR1981Ker1

..... to the malabar district referred to in sub-section (2) of section 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 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 cinamon and lands used for any purpose ancillary to the cultivation of such crops' or for the preparation of the same for the ..... (2) nothing contained in sub-section (1) shall apply in respect of so much extent of land comprised in private forests held by an owner under his personal cultivation' as is within the ceiling limit applicable to him under the kerala land reforms act, 1963 (act 1 of 1964) or any building or structure standing thereon or appurtenant thereto, explanation :-- for the purposes of this sub-section, 'cultivation' includes cultivation of trees or plants of any species, (3) nothing contained in sub-section (1) shall apply in respect of so much extent of private forests held by an owner under ..... there is no question of any waiver or relinquishment in such conduct. ..... state of west bengal, (air 1958 cal 203 at 205) and federal crops insurance corporation v. a. a. ..... down county council (1958) n. .....

State of Kerala Vs. Chacko

Court : Kerala

Reported in : AIR1979Ker52

..... kerala land reforms act i of 1964 came into force on ..... sale deeds regarding sales of land on which sabai grass is grown are not available in this case, the compensation to be awarded to the land owners should be at 20 times the annual income from the land'.may be this was because the year with which the court was concerned was 1952 ..... the learned judges noticed that there was no material for holding that the threatened land-ceiling law threw such a lot of land into the market in 1958 as to depress land value to an extent calling for a multiple lower than 20 in the case of land valued on the basis of ..... the first thing is the market value of the land at the date of the publication of the notification under section 3(1) of the act ..... it will be unreasonable to expect a prudent investor to sink his money in purchase of properties with buildings unless he is assured of an appreciable increase in the income return, from what he could safety obtain by depositing his money with a nationalised bank and earn, say 7 per cent as yearly interest. ..... therefore whatever might have been said in regard to the acquisition in 1958 cannot be adopted in the present context or in the context with which we are concerned, namely 1969 ..... what waa possibly a threat in 1958 had materialised into a statute by the date of the acquisition with which we are concerned ..... the situation between the years 1958 and 1969, the year with which we are concerned is ..... particularly made to the market value as in the year 1958. .....

Sarojini Ammal and ors. Vs. the State of Tamil Nadu and ors.

Court : Chennai

Reported in : AIR1980Mad16

..... any judgment, decree or order of any court or tribunal, the land of a tenant specified in column 1 of the table below shall be entitled to recover towards arrears of rent accrued due, before the 1st may, 1958 and outstanding, at the commencement of the kerala land reforms (amendment) act 1969 only the amount specified in the corresponding entry in column (2) of the table".this provision was challenged before a full bench of the kerala high court on the ground that the liability to pay the arrears of rent is a debt and the liquidation of subject either wholly or in part cannot be said ..... to be an agrarian reform, and even if it is necessary to rehabilitate indebted tenants by relieving them of their liability to pay the arrears of rent that ..... state of kerala ,dealing with the provisions of the kerala land reforms act, 1964 seems to take a slightly ..... section 73 of the kerala land reforms act, 1964, the constitutional validity of which was impugned in the kunjukutty's case , reads as ..... out that section 73 of the kerala land reforms act 1964 providing for discharge. .....

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... twenty-ninth amendment) act, 1972 which protected the kerala land reforms act which was found to be invalid because not being in conformity with article 31-a was entirely upheld by the majority though numerical minority judges indicated that the question could be left open to be decided by the appropriate constitution bench, the learned chief justice sikri in terms made a reference to that effect in the judgment rendered by him in the basic structure case, but the majority of the learned judges upheld the constitution (twenty-ninth amendment) act, which ..... .'eventually as we have stated above, the constitution (twenty-ninth amendment) act which was put in issue in the basic structure case -- kesavananda's case : air1973sc1461 was an enactment putting the kerala land reforms act, which in kunjukutty v ..... . there, as we stated above, inter alia constitution (twenty-ninth amendment) act was questioned which had put the kerala land reforms (amendment) act no ..... . state of bihar : [1958]1scr1355 ..... . : [1958]1scr1422 .....

Umaji Keshao Meshram and ors. Vs. Radhikabai, Widow of Anandrao Banapu ...

Court : Supreme Court of India

Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)

..... it is the charter of the high court which generally confers a right of intra-court appeal and it is the rules made under the rule-making power of the high court which generally provide which matters are to be heard by a single judge and which by a division bench though at times statutes may also do so, as for example, the kerala high court act, 1958, and the karnataka high court act, 1961. ..... the first respondent filed an application under section 36(2) of the bombay tenancy and agricultural lands (vidarbha region) act, 1958 (bombay act no. ..... the regulating act of 1773 vested in the governor-general in council the whole civil and military government of the presidency of bengal as also the government of the territorial acquisitions and revenues in bengal, bihar and orissa which were dewany lands. ..... they, therefore, with the dutch as their allies, landed at bombay and burnt the manor-house in 1626 and, according to some contemporary reports, actually seized it from the portuguese but thereafter abandoned it for some unknown reason. ..... thus, where a man held land by fealty and a fixed rent, the tenure was free socage. ..... socage was a form of land tenure. .....

itty Kurian and anr. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1962Ker267

..... also urged that actuatly, the kerala legislature has passed the kerala money-lendors act, 1958 --kerala act xxxv of 1958. ..... suryanarayana ayyar, the vari-ous enactments mentioned above, will clearly show that the business of banking was sought to be controlled by the central legislature in different ways so as to safeguard the interests of the depositors and he has also drawn my a tention to the enactments made by cer-tain states including the kerala state by passing money-lenders act for regulating and exer-cising control over money-lendors.86. mr. ..... restriction on the exercise of the right conferred under article 19(1)(g) can be imposed in the interests of the general public under article 19(6) of the constitution, this provision cannot even pass such tests laid down by various decisions;(3) the private banks have been discriminated against by the provisions of section 49-a of the act and the exclusion of the institution mentioned therein, from the operation of the said section cannot be considered to be, in any way, to have a reasonable nexus to the objects sought to be achieved by the said legislation; and(4) the power given to the central government ..... 1935 to the effect:'land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant, and the collection of rents; transfer, alienation and devolution of agricultural land; land improvement and agricultural loans; colonisation; couris of wards encumbered and attached estates; treasure .....

Smt. K.N. Indira Devi and anr. Vs. Deputy Commissioner of Agricultural ...

Court : Kerala

Reported in : [1998]231ITR693(Ker)

..... the term 'joint hindu family' as defined under section 2 would take in (1) a tarwad or thavazhi governed by the madras marumakkathayam act, 1932, the travahcore nayar act, ii of 1100, the travancore ezhava act iii of 1100, the nanjinad vellala act of 1101, the travancore kshatriya act of 1108, the travancore krishnavaka marumakkathayee act, vii of 1115, the cochin nayar act, xxix of 1113, or the cochin marumakkathayam act, xxxiii of 1113 ; (2) a kutumba or kavaru governed by the madras aliyasanthana act, 1949 ; (3) an illom governed by the kerala nambudiri act, 1958, and (4) an hindu undivided family governed by the mitakshara law. ..... purposes in the state ; (2) for the purposes of sub-section (1), agricultural income derived from any land situated within the state, which is in the possession of the mortgagee thereof, shall, notwithstanding anything contained in section 23, be deemed to be agricultural income received by the mortgagor : provided that where the agricultural income-tax charged on such agricultural income cannot be recovered from the mortgagor, such tax shall be payable by and recoverable from the mortgagee, and the mortgagee shall be entitled to recover from the mortgagor the amount of the tax so paid .....

Narayana Pillai Raghavan Pillai Vs. Narayani Amma Ponnamma

Court : Supreme Court of India

Reported in : AIR1992SC146; 1992Supp(3)SCC29

..... certain mortgagees and lessees of mortgagees to be deemed tenants :- notwithstanding anything to the contrary contained in any law or in any contract, custom or usage, or in any judgment, decree or order of court, a mortgagee with possession of land, other than land principally planted with rubber, coffee, tea or cardamom, or the lessee of a mortgagee of such land shall be deemed to be a tenant :(a) the mortgagee or lessee as 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; order.... ..... in the meantime section 4a(1)(a) of kerala land reforms (amendment) act, 1969, (act 1 of 1964) appearing on the scene with effect from 1-1-1970 gave an ostensible defence to the defendants-mortgages that they had become deemed tenants and hence possession could not be sought from them on the basis of the mortgage. ..... the defence set up by the mortgagees appealed to the trial judge, who took the view that a period of fifty years had elapsed, reckoned immediately preceding the amendment of kerala land reforms act, 1965. ..... this appeal by special leave is against the judgment and order dated april 7,1976 passed by a learned single judge of the kerala high court in s. a. no. .....