Judgment Search Results Home > Cases Phrase: the kerala service inam lands vesting and enfranchisement act 1981 1 Page 1 of about 553 results (0.385 seconds)

J. Saraswathy Amm Vs. N. Sreedharan Nair and ors.

Court : Kerala

..... after the kerala service inam lands (vesting and enfranchisement) act, 1981 (hereinafter referred to as 'the act' for short) came into force, the petitioner filed o.a. no. ..... while matters stood thus, the state legislature enacted the kerala service inam lands (vesting and enfranchisement) act, 1981 and it came into force with effect from 6.8.1981. ..... under section 3 of the act, the right, title and interest of the land holder in service inam lands held by the land holder vests in the government free from all encumbrances and any service or obligation attached to service inam lands stands abolished. ..... the explanation to section 2(c) states that where any service inam land is in the possession of a person, other than the person to whom the land was granted for performing services or any of his successors-in-interest, the person in possession of the land shall be deemed to be the landholder for the purpose of the act. ..... on the scheme of the act, i do not see any reason to hold that even a rank trespasser into the service inam land could be conferred the benefit of assignment under the act as against the service inam holder himself. ..... section 2(c) of the act defines the term 'land holder' to mean a person holding service inam land. ..... section 2(c) of the act defines the term 'land holder' to mean a person holding service inam land. ..... section 2(b) of the act defines the term 'holding' to mean any parcel or parcels of service inam land held by a single landholder. .....

Thressiamma Jacob and ors Vs. Geologist,dptt.of Mining and Geology And ...

Court : Supreme Court of India

..... the first head is the estates held on sanads of permanent settlement, second is the enfranchised inam lands and the third is the religious service tenements conferred under the inam rules on perpetual service tenure and the fourth is the lands held on title-deeds, issued under the waste land rules, prior to 7th october 1870, in which no reservation of the right of the state to minerals is made. 53. ..... if the understanding of the state of kerala that in view of the provisions of the mines and minerals development (regulation) act, 1957, the proprietary rights in mines stand transferred and vest in the state, it would be wholly an unnecessary exercise on the part of the parliament to make laws such as the ones mentioned above dealing with the nationalisation of mines.55. ..... but with reference to those areas where the above-mentioned act had no application, such as the malabar area of the old madras province, which is not a part of the state of kerala, or areas where the ryotwari system was in vogue, the proprietary right to the subsoil should vest in the holder of the land popularly called pattadar as no law in the pre or post constitutional period is brought to our notice which transferred such right to the state.44. .....

Thressiamma Jacob Vs. Geologist, District Office of the Dept. of Minin ...

Court : Kerala

Reported in : AIR2000Ker300

..... the first head is the estates held on sanads of permanent settlement, second is the enfranchised inam lands and the third is the religious service tenements conferred under the inam rules on perpetual service tenure and the fourth is the lands held on title-deeds, issued under the waste land rules, prior to 7th october 1870, in which no reservation of the rights of the state to minerals is made.26. ..... the petitioner also highlights the clasification made in the kerala mineral concession rules, according to which, there are three classes, (1) minerals which are vested in the government ; (2) minerals which are partly vested in the government and partly vested in the private parties and (3) minerals which are vested in the private parties.o.p. no. ..... in air 1981 madras 82 the court held that under section 15 of the mines & minerals (regulation and development) act, the state government had only the power to regulate and it could not prohibit and the question in issue there was the right of the government for quarrying in private lands. .....

T. Swaminathan (Dead) and anr. Vs. State of Madras and ors.

Court : Chennai

Reported in : AIR1971Mad483; (1971)2MLJ146

..... under the last group are broadly all lands sold under the waste land rules after 7-10-1879, the escheat lands the janmam right which was sold by government after 15-7-1880, but before 16-12-1884, inam lands granted on service tenure whether enfranchised or unenfranchised, reserved forest lands under the madras forest act. ..... the first is illustrated as lands and estates held on sanads of permanent, settlement, lands held on title deeds issued under the waste land rules before 7-10-1879, in which no reservation was made of the right of the state to minerals, and lands held on inam tenure where apart from the title deed issued by the inam commissioner the original grant, either expressly or by necessary implication, made a conveyance of the state's rights to minerals ..... the essence of the system consists in the classification of the soil according to tharams, ascertaining the net produce fixing and collecting a fraction of the net produce as land revenue, eliminating middle-man and bringing the pattadar in direct relationship with the state, and the right of the pattadar to relinquish at his will, and in case of default in payment of revenue, the liability of the holding being brought to sale ..... 1960 make a threefold classification in chapters iv, v and vi, namely, the lands in which minerals vest in the government, lands in which the minerals vest in a person other than the government; and lands in which minerals vest partly in government and partly in private persons. ..... state of kerala,. .....

In Re: Temples in the Erstwhile Malabar Area

Court : Kerala

Reported in : AIR1995Ker172

..... under section 3(1) of the kerala private forests (vesting and assignment) act, 1971 the ownership and possession of all private forests in the state of kerala stood transferred to and vested in the government free from all encumbrances and the right, title and interest of the owner or any other person in any private forest shall stand extinguished subject to the provisions contained in sub-sections (2) and (3) of that section. ..... it is while most of the temples were limping along thus, that the kerala private forests (vesting and assignment) act, act 26 of 1971 was enacted depriving these temples of their forest lands as well. ..... raman bhattathiripped, president of the travancore devaswom board, had also stated that in order to look after the temples in the erstwhile malabar area on the lines of the temples under the travancore and cochin devaswom boards, a separate board should be set up and then only it will improve the conditions of the temples and better the service conditions of the employees of the temples.the above news item, appearing in a leading daily, highlights the pitiable and pathetic state of affairs existing in the temples in the erstwhile malabar area and also the poor living conditions of the employees in the said temples. ..... this court was considering the constitutional validity of the madras commercial crops markets act (act 20 of 1993) as amended by kerla acts 15 of 1964 and 2 of 1981. .....

Valjibhai Jagjivanbhai Vs. State of Gujarat

Court : Gujarat

Reported in : (2005)3GLR1852

..... so far section 9 is concerned, as seen above, sub-section (1) thereof declares any act of transfer or partition of any land contrary to the provisions of the act void and also prescribes the resultant actions that can be taken by the collector, namely imposition of fine on the owner of the land as per sub-section (2) and the summary eviction of the unauthorized occupant or a person in wrongful possession of the land in question on account of any transfer or partition either by the act of parties or by operation of law. ..... the state has tried to make out a point that since there is specific provision contained in section 9(1) of the act, the transaction which is entered into in contravention of the provisions of the act is void and the power vested under sub-sections (2) and (3) of the said section can be exercised by the authority irrespective of the time ..... the opinion of the high court, if the dismissal, discharge or termination of service of an employee was illegal, unconstitutional or against the principles of natural justice, the employee could approach the court any time seeking declaration that he remained in service. ..... it is also not in dispute that even the revenue authorities were aware about the said transaction in view of the entry which was posted in 1981, but the authorities had not thought it fit to take any proceedings for about 17 years ..... singh & ashokkumar(2) the state of kerala v. m.k. ..... view has been expressed by the apex court in the case of state of kerala v. m.k. .....

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

..... state of kerala enacted sree pandaravaka lands (vesting and enfranchisement) act, 1971. ..... the administrative committee shall consist of five members: a) a retired indian administrative service officer of the rank of secretary to government of kerala ( the state government ) to be nominated by the trustee in consultation with government of kerala who shall be the chairperson of the committee; (b) one member nominated by the trustee; (c) one member nominated by the government of kerala; (d) one member nominated by the ministry of culture, government of india; and (e) the chief thantri of the temple.4. ..... broadly, it is suggested that the administrative committee be formed comprising of five members, the chairperson being a retired indian administrative service officer of the rank of secretary to government of kerala; the other four members being (i) a nominee of the trustee; (ii) the chief thantri of the temple; (iii) a nominee of the government of kerala; and (iv) a member to be nominated by the ministry of culture, government of india. ..... 209 iii) the report dated 27.05.2020, under the signature of the district judge, referred to the earlier resolution dated 13.06.2017 and the direction issued by this court in its order dated 04.07.2017 requesting the state to nominate a panel of three officers from the indian audit and accounts service (ia &as) to oversee the audit and accounts of the temple and submit quarterly reports to the administrative committee. .....

Vatticherukuru Village Panchayat Vs. Nori Venkatarama Deekshithulu and ...

Court : Supreme Court of India

Reported in : JT1991(5)SC140; 1991(1)SCALE818; 1991Supp(2)SCC228; [1991]2SCR531; 1991(2)LC309(SC)

..... the historical background, the purpose of the act and the scheme envisaged therein in extenso and held that the preamble of the estate abolition act was to repeal the permanent settlements, the acquisition of the rights of the land-holders in the estates and introduction of the ryotwari settlement therein; under section 1(4) by issuance of the notification the pre-existing rights shall cease and determined; shall vest in the state free from all encumbrances and declared that all rights and interests created in particular over the state 'shall cease and determine as against the government' protected only dispossession of a person in possession of the ryoti land ..... therefore, we agree with the high court that the tank is a public tank and not a public trust and that under section 85(1) and section 64, the vesting of the tanks, the appurtenant land and the common land is only for the purpose of possession, supervision, control and use thereof for the villagers for common use subject to the over-riding title by the government and its assumption of management should be in terms of sub-section (3) of section 85 of the act and subject to the prescriptive right in the water, water spread tank for common ..... it was held that in the case of dashabandam inams situated in ryotwari villages, the government has the right of resumption on default of service. ..... 1981 ap 15 considered the meaning of the word 'vesting' and correctly laid the law in its interpreting section 85 of the act. ..... [1981] 1 awr .....

Chamundi Hotel (P) Ltd. and ors. Vs. State and ors.

Court : Karnataka

Reported in : ILR1997KAR1573

..... . the provisions of the improvement act, particularly sections 45 to 49 and 64 and 54-a when they speak of a certain building or street or square or other land vesting in a municipality or other local body or in a trust do not necessarily mean that ownership has passed to any of them ..... as soon as may be after the service of the final statement on the person concerned, the competent authority is required to cause a notification giving the particulars of the vacant land held by him in excess of the ceiling limit, to be published for the information of the general public in the official gazette of the state concerned. ..... sri narrman, one of the counsel appearing for the petitioners, submitted that article 31-c does not survive after the judgment in minerva mills' : [1981]1scr206 and keshavananda bharathi's : air1973sc1461 cases. ..... state of kerala, ( : air1973sc1461 and minerva mills ltd. v. ..... state of kerala, : air1973sc1461 article 31-c has become inoperative, ineffective and a dead piece of legislation and an unworkable but only decorative provision. .....

i.T.C. Limited Vs. the Agricultural Produce Market Committee and ors.

Court : Supreme Court of India

Reported in : AIR2002SC852; 2002(1)ARBLR112(SC); [2002(2)JCR177(SC)]; JT2002(1)SC294; 2002(1)SCALE327; (2002)9SCC232; [2002]1SCR441; (2002)1UPLBEC814

..... . singhvi that the market committee act can still be operative and the market fee could be levied by the market committee under the state act for services provided by it on the principle of quid pro quo even if the court comes to the conclusion that the tobacco board act is a valid piece of legislation enacted by the parliament and that act also has made necessary provision for growing of tobacco as well as purchase and sale of tobacco ..... . it is further apparent from the conclusion of the court in that case when it refused to import the pith and substance argument, holding that the same cannot be imported for the simple reason that both the centre as well as the state legislatures were operating in the concurrent field and, therefore there was no question of any trespass upon the exclusive jurisdiction vested in the centre under entry 52 of list i ..... . so far as belsund sugar company's case is concerned, the question for consideration was, whether the provisions of the bihar agricultural produce markets act would at all be applicable for levy of market fee in respect of sale and purchase of sugar cane, in view of the special provisions contained in the bihar sugar cane regulation of supply and purchase act, 1981 ..... . state of kerala 1972(2) scc 218, as has been stated earlier, it is the validity of state legislation namely resumption of lands act, 1971, which was under challenge on the ground of lack of legislative competence of the state legislature .....