Court : Karnataka
Reported in : ILR1986KAR2472; 1986(2)KarLJ146
..... --(i) rendering religious service in or maintaining the institution as a pujari, archak or the holder of a similar office by whatever name called ; or(ii) rendering any service in such institution and personally cultivating for a continuous period of not less than three years prior to the date of vesting by contributing his own physical labour or that of the members of his family and enjoying the benefits of any land comprised in the inam of such institution without paying rent as such in money or kind to that institution in respect of such land, shall with effect from and on the date of vesting and subject to the provisions ..... it is considered necessary that the period of filing the claim petitions be extended for a further period of six months from the passing of the amendment act to amend the provisions of inams abolition act so as to bar legal practitioners from appearing before the enquiry officers in the enquiries under the act, to delete the provisions for appeals under the act, to empower the assistant commissioners to conduct the enquiries under the act to enable the tahsildars to take possession of the lands where no applications are made or where the applications have been rejected and to bring such land for disposal under the karnataka land reforms rules .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant227; ILR1994KAR159; 1994(1)KarLJ385
..... 5(1) and 6 of the act, any holder of a village office or any authorized holder has a vested right to obtain re-grant of the service inam land, which was held by him immediately before 1-2-1963 (that is as at the end of 31-1-1963) subject to payment of occupancy price in terms of the act and the rules; the fact that the holder or authorized holder had alienated the land and divested himself of possession of the land after 1-2-1963 and before 7-8-1978 will not disentitle him, to re-grant under s. ..... (vii) and the decisions in harkun's case) note: the only exception to the 15 year bar being re-grants to the holders of a village office in an enfranchised inam (that is an inam of which there is proof of enfranchisement as required under the madras enfranchisedinams act, 1862) which could be transferred in the manner provided in the proviso to s. ..... what emerges from the above discussion may be summarised thus, in continuation and clarification of the ten answers given in lakshmana gowda ((1981) 1 kant lj i):(a) alienation of re-granted 'service inam land'during the period 1-2-1963 to 7-8-1978 is valid and permission for sale is only a formality as the deputy commissioner wasbound to give permission on mere payment of an amount equal to 15 times of land assessment. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3504; 1991(3)KarLJ466
..... court by an order dated 23-10-1986 allowed the writ petition and quashed the notice and the order impugned therein on the ground that the land being a service inam land coming under the karnataka (personal and miscellaneous) inams abolition act, 1954 (the act of 1954), the provisions of the act were not attracted and hence the sale in favour of the petitioner could not be nullified. ..... however, the fact remains that by the order, impugned here at annexure-l, dated 28-11-1980, the tahsildar directed eviction of the petitioner on the ground that the land that came to be granted in favour of ekasi nanjappa was a service inam land and that therefore under section 7 of the village offices abolition act, 1961 (the act for short), the petitioner being in unauthorised occupation of it was liable to be ..... 266 was a service inam land as recognised in the quit rent register and that therefore as on the date when the deputy commissioner passed the said order, he had no ..... koti, learned counsel for the petitioner, has contended that once the competent authority under the act treated the land in question as a minor inam land under the act of 1954 and made orders granting occupancy right in respect of it under section 8 thereof, such orders become final and the authorities under the karnataka village offices abolition act cannot have any power to direct resumption of the lands vested by virtue of a notification issued under the inams abolition act. ..... state of karnataka, 1981(1) klj short notes item no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... the supreme court held that under the scheme of the act the original owner of, or other person interested in the land is divested of his rights therein and the title of the land vested in the government only upon possession of the land being taken. ..... force or if proceedings for the acquisition of such land under this act or under the land acquisition act, 1894, are not commenced within such period, the owner or any person interested in the land may serve notice on the planning authority, development authority or as the case may be, appropriate authority to that effect and if within six months from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon the land shall be deemed to be released ..... the supreme court then referred to ryots of garabandho (supra) and took the view that in the scheme of the kerala abkari act the expression 'shall have regard to' meant that the commissioner shall keep in mind the restrictions imposed by section 12-b and did not mean that the commissioner was absolutely prohibited from doing anything to the contrary. ..... 273 of 1983 filed by murudkar in the district court pune was dismissed but solatium was enhanced to 30% and special component of 12% under section 12(a) of the land acquisition act, 1894 was directed to be paid for the period from august 27, 1981 to may 12, 1983. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(Suppl1)SC48; 1992(3)SCALE328; 1993Supp(4)SCC519; [1992]Supp3SCR399
..... and5) whether it will be sufficient, if the service inam was in favour of the individual for the oozhiamdars to merely show that they are the persons in actual possession now of the land rendering service and there-fore entitled to patta or whether it is incumbent on them to further show that they were hereditarily entitled to the inam land. ..... in the year 1858 an inam commission was established to examine the title of the possessors of the inams and to enfranchise them for a quit rent in lieu of the government's right to resume. ..... reads as follows:notwithstanding anything contained in sub-section (1) in the madras hindu religious and charitable endowments act, 1959 (madras act 22 of 1959) and in the madras transferred territory) incorporated and unincorporated devaswoms act 1959 (madras act 30 of 1959) the following provisions shall apply in the case of lands in an iruvaram minor 'main granted for the support of maintenance of a religious institutions lor the performance of a charity or service connected therewith or of any other religious charity -(i) where the land has been transferred by way of sale and the transferee or his heir, assignee, legal representative or person ..... in that case, the kudivaram would always vest with the person in possession, and if the service holder continues to do the 'oozhiam' his obligation to do such service would certainly be distinct from his right to kudivaram.5. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker86
..... the definition in act v of 1071 (travancore) which was intended to cover the relation between jenmis and their kanapattom tenants only will not justify the conclusion that 'jenmom rights' are to be confined to rights as jenmis in respect of kanapattom lands, the jenmi and kudiyan act contains a definition of the term 'jenmi' which is in these terms:' 'jenmi' means a person in whom the proprietary right over jenmom lands is vested and includes, in the case of devaswoms owning jenmom lands, the managing trustee or trustees of the institution for the time being. ..... the petitioners in these writ petitions challenge the validity of the kerala agrarian relations act, iv of 1961, (hereinafter referred to as the act) mainly on the following grounds :(i) the bill which became the act had lapsed beforeit was assented to by the president and the assent ofthe president was of no avail to turn it into law. ..... inam lands other than erayeli and viruthl (service inams) were dealt with under section 24 of the revenue settlement proclamation of 1061 m. e. ..... it is that, by which a great extent of sirkar pattom property has been enfranchised and put on the same footing as ryotwari lands in the madras presidency'. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker241
..... the central theme of the context relates to the levy of property taxes and service charges by the 'municipal corporations' under provisions of the kerala municipal corporations act, 1961 and the kerala municipaliaties act, 1960 and the claim of exemption by th 'fci' under article 285(1) of the constitution of india.2. ..... but the definition of the word 'owner* contained in section 2(26) of the kerala municipal corporations act, 1961, is as follows :'a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant; and (b) the person for the time being in chargeof the animal, vessel or vehicle in connection with which the word is used. ..... ' (underlings supplied) the above practical difficulty foreseen by the supreme court in that case was unravelled by examining the annual report of the authority for the year 1988-1989 which in unmistakable terms points out that the authority claims to be the owner of all the properties without making any distinction between those that were vested in it at its inception and those which have been acquired and/or constructed later. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD188; 2008(2)ALT429
..... or the sale deeds; (2) subsequent rise in the price of lands would not justify an earlier sale being set aside; (3) the reasons for cancellation was wholly unjustified; (4) the lands, being qazi service inam lands, was burdened with service and was not wakf property; (5) the impugned order was issued without complying with principles of natural justice; (6) the market value of the lands in 1994 was around rs. ..... state wakf board for the sale of kondapalli qazi service inam lands of an extent of ac.39.16 cts at rs. ..... section 32 relates to the powers and functions of such a board and, under sub-section (1) thereof, the general superintendence of all wakfs in the state vest with the board and it shall be the duty of the board to exercise its powers under the act to ensure that the wakfs, under its superintendence, are properly maintained, controlled and administered. ..... state of kerala : (2006)iillj529sc . ..... jagmohan : [1981]1scr746 , aligarh muslim university's case (supra)). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC234; (1981)1SCC166
..... : [1974]1scr671 this court upheld the validity of kerala private forest (vesting and assignment) act, 1971 whereunder private forest lands held on janman right were acquired without payment of any compensation on the ground that such acquisition was for implementing a scheme of agrarian reform by assigning lands on registry or by way of lease to poorer sections of the rural agricultural population, the enactment being protected under article 31a(1) of the constitution. ..... he had repeated with emphasis:the first task of this assembly is to free india through a new constitution, to feed the starving people, and to clothe the naked masses, and to give every indian the fullest opportunity to develop himself according to his capacity.indeed, the tryst with destiny that india made when it became free found expression in a historic speech by the then prime minister, jawahar lal nehru:the service of india means the service of the millions who suffer. ..... sections 8 and 9 provide for preparation of draft statement as regards vacant land held in excess of the ceiling limit, holding of an inquiry in that behalf and preparation of final statement and service thereof on the concerned person by the competent authority. ..... professions for the people, trade at the service of the community and industry in the strategic sector of the nation's development may well be in private hands in the transitional stage of our pluralist economy undergoing a fabian transformation. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]131STC176(Raj); 2003(1)WLN281
..... right' has been explained in black's law dictionary as under :vested rights : in constitutional law, rights which have so completely and definitely accrued to or settled in a person that they are not subject to be defeated or cancelled by the act of any other private person, and which it is right and equitable that the government should recognise and protect, as being lawful in themselves, and settled according to the then current rules of law, and of which the individual could not be deprived arbitrarily without injustice, or of which ..... means the areas under the urban agglomeration limits of cities, as notified by the competent authority and municipal/uit limits of all cities/towns excluding,-- (i) the lands duly converted by the competent authority for industrial purposes, or(ii) the lands in the industrial areas developed by the state government or its corporations ; or(iii) the lands developed by co-operative sector or private sector in the industrial areas declared by the ..... the court held that it is not possible to postpone the compulsions of public interest till after march 31, 1981 if the government was satisfied as to the change in ..... kerala : air1995sc1012 , a five judge-bench again said the question 'whether a particular statute operates prospectively only or has retrospective operation also will have to be determined on the basis of the effect it has on existing rights ..... . the court said :'the settled principle of service jurisprudence is that no person possesses any vested .....
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