Judgment Search Results Home > Cases Phrase: the madras aided institutions prohibition of transfers of property act 1948 Page 1 of about 850 results (0.170 seconds)

B.Prabhakaran Nair, Vs. 1.State of Tamil Nadu,

Court : Chennai

..... respondents prayer writ petition is filed under article 226 of the constitution of india praying to issue a writ of mandamus, directing the fourth respondent not to sell the school and school building without getting permission from the respondents 1 and 3, as per section 2 of the tamil nadu aided institution [prohibition of transfer of property]. ..... writ petition has been filed praying that this court may be pleased to issue a writ of mandamus, directing the fourth respondent not to sell p.p.m.higher secondary school, situated at anducode village, vilavancode taluk, kanyakumari district, without the necessary permission from the respondents 1 and 3, as per section 2 of the tamil nadu aided institution [prohibition of transfer of property]. ..... of the tamil nadu aided institution [prohibition of transfer of property]. ..... act, 1998, prohibits transfer without prior permission only in respect of properties belong to the institution with the aid of any grant made from the government or any land transferred by the government for the purpose of the institution ..... there is no prohibition insofar as transfer of properties belongs to the individual owner is ..... has been made clear, in the counter affidavit filed on behalf of the fourth respondent, that the private property, in which the school is situated, is being transferred, and consequently, the management of the school would also undergo a change.10 ..... act, 1948, [hereinafter referred to as ".the act ..... before the madurai bench of madras high court .....

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... that the rights of the parties crystallized on the date of institution of the suit, that the provisions of act 15 of 1960 could not be applied for determining the rights and liabilities of the parties in pending suits and that the rights and liabilities of the parties in the suit were governed by the provisions of the transfer of property act.50. ..... the supreme court by holding that in spite of applying the provisions of transfer of property act in the state of mysore, the laws of the state applying to leases which would include the mysore house rent control order of 1948 continued to be in force and applicable to the cases pending till it was repealed by the mysore rent control act ..... the supreme court construing section 21(1) of the karnataka rent control act which prohibited passing of any order or decree for recovery of possession by any court or other authority in favour of the landlord as having the effect of taking away the right vested in the landlord to execute the decree passed even before the application of the provisions of the said act ..... of rents or fees in a public market cartstand or slaughter house or of rents for shops has been framed out or leased by a municipal council or a panchayat union council or the municipal corporation of madras or the municipal corporation of madurai.eviction section 13(1): a section 10(1): a section 13(1) : a section 10(1) : a tenant in possession tenant shall not tenant in posses- tenant shall not of a building or be evicted whether sion .....

Lajjashanker Keshavji Joshi Vs. State of Gujarat

Court : Gujarat

Reported in : (1985)2GLR658

..... the court held that delivery of possession of land would be otherwise dealing with the property which is prohibited under section 52 of the transfer of property act.in the case of kubra bibi v. ..... now, it is well settled that by an agreement to sell even if the possession of the land is handed over to the vendee, no interest in the property is created but at the same time under section 40 of the transfer of property act such contract creates an obligation annexed to the ownership of immovable property not amounting to an interest in the property but which obligation may be enforced against a transferee with notice of contract or a gratuitous transfer of the property. ..... while considering the phrase 'transfer the property' used in order 21rule 102 of the civil procedure code which provided that nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person, the madras high court in the case of kangasabhai v. ..... and where a question of interpretation of such equity based statutory provisions arises we will be well justified in seeking aid from the equity source. .....

Uppari Muthamma and ors. Vs. Special Tribunal, Under A.P. Land Grabbin ...

Court : Andhra Pradesh

Reported in : 1997(6)ALT481

..... andar sayad abbas sahib', air 1915 madras 1085 the madras high court held as follows:-'in the absence of any allegation or proof to the effect that in taking the lease the lessee believed in good faith and after due inquiry the erroneous representation regarding the title to the land made by the lessor, the lessee is not entitled to rely upon the principle embodied in section 43 of transfer of property act.'36. ..... (telangana area) tenancy and agricultural lands act, 1950 is not complied with, whether section 43 of transfer of property act will go to the aid of the applicants? ..... act held as follows:-'a transferee from a sole co-parcener in a joint hindu family consisting of himself and a widow having an interest in the joint family properties under the hindu women's right to property act can take the aid of section 43 of t.p. ..... land grabbing (prohibition) act, 1982, is to prevent organisation of certain lawless persons operating individually and in groups to grab either by force, or by deceit or otherwise lands belonging to the government, a local authority, a religious or charitable institution or endowment, including wakf or any other private person.29. ..... even though the land in question was a tenented one and purchased under ex.a-1 whereas permission under section 38-e was granted to uppari ramaiah under ex.a-2 subsequent to ex.a-1, still the transaction is valid as section 43 of transfer of property act will go to the aid of the applicants. .....

C.Radhakrishnama Naidu and Oth Vs. The Government of andhra Pradesh,r ...

Court : Andhra Pradesh

..... property, the alienation or transfer of which is prohibited under any statute of the state or central government; (b) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of immovable property owned by the state or central government, executed by persons other than those statutorily empowered to do so; (c) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act ..... the decision of estates tribunal exempted tiruchanur village from the provisions of act 17 of 1948. ..... the inam settlement officer no.3, chittoor had taken up suo motu enquiry under section 9(1) of the andhra pradesh (andhra area) estates (abolition and conversion into ryotwari) act, 1948. ..... in m.k.ranganathan and another versus government of madras and others , it is held that: the statement of objects and reasons is certainly not admissible as an aid to the construction of a statute. ..... the settlement officer decided that tiruchanur village was estate village within the meaning of estates abolition act and tenures were directed to be regularized under act 17 of 1948. .....

Srinivasan and Six Others Vs. Sri Madhyarjuneswaraswami, Pattaviathala ...

Court : Chennai

Reported in : 1998(1)CTC630; (1998)IIMLJ722

..... their view have been held to be inapplicable to a case under the madras act 26 of 1948, and further the view of ramanujam and sengottuvelan, jj. ..... in t.d.no.316 as government karnam service inam in 1879 in their names, that the said sethu iyer was suspended by the temple authorities and in the enquiry which followed, he agreed to transfer the lands from his name to the temple and subsequently, after his death, kittu iyer became the temple accountant and was enjoying the income from the suit lands and hence the possession of the plaintiffs has been permissive in character and never proprietary and they have paid kist ..... the suit o.s.no.411 of 1965 was instituted on the file of the district munsif, kulittalai for (a) a declaration that the suit properties absolutely belonged to plaintiffs and defendants 2 to 14 and they are entitled to be in possession thereof and (b) for consequential relief of permanent injunction restraining the first defendant from taking possession or in any manner interfering with the peaceful possession and enjoyment of suit properties by the plaintiffs and defendants 2 to ..... was held that there was no statutory prohibition to determine the nature of the land contemplated by the rent reduction act. ..... of public instruction, : (1983)iillj274sc , this court held that the civil court has jurisdiction to examine whether action or decision of an administrative authority was ultra vires the relevant rules of gran in-aid code and rule 9(vii) was held to be ultra vires. .....

Ramalingam and 2 Others Vs. the Idol of Sri Thayumanasamy at Sri Thayu ...

Court : Chennai

Reported in : 1998(3)CTC665

..... the boundaries thereof, shall stand transferred to the government and vest in them free of all encumbrances, and the madras city land revenue act, 1851 (central act xii of 1851) except sections 2 and 12, the madras city land revenue (amendment) act, 1867 (tamil nadu act vi of 1867), the tamil nadu revenue recovery act, 1864 (tamil nadu act ii of 1964), the tamil nadu irrigation cess act, 1865 the tamil nadu act vii of 1865), the tamil nadu transferred territory) ryotwari settlement act ..... the trial court framed as many as seven issues and by its judgment and decree dated 14.11.1978 granted the declaration of the title to the suit property in favour of the respondent and for possession of the same and for past mesne profits for a period of three years prior to the institution of the ..... the provisions of section 64-c of the tamil nadu estates (abolition and conversion into ryotwari) act, 1948 which are similar to section 46 of the present act, this court held that the finality to the orders passed by the authorities in respect of the matters to be determined by them under the tamil nadu estates (abolition and conversion into ryotwari) act, 1948 is 'for the purposes of this act ..... statutory prohibition to determine the nature of the land contemplated by the rent reduction act accordingly the suit ..... , this court held that the civil court has jurisdiction to examine whether action or decision of an administrative authority was ultra vires the relevant rules of grant-in-aid code and rule 9(vii) .....

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)

..... instituted in any civil court to set aside or modify any decision of the tahsildar, the revenue court, or the collector under this act, except where such decision is obtained by misrepresentation, fraud or collusion of parties.section 14-a and section 15 provides that:14-a revision (1) notwithstanding anything contained in this act, the board of revenue may, at any time either suo moto or on application made to it, call for and examine the records relating to any proceedings taken by the tahsildar, the revenue court or the collector under this act for the ..... that placing the property at the disposal of the trust did not signify that the government had divested itself of its title to the property and transferred the same to the trust. ..... iillj872sc the questions were whether the workmen were ordinary unskilled labour or skilled labour; whether the jurisdiction of the authorities under section 20 of the minimum wages act, 1948 is exclusive and whether the jurisdiction of the ..... 1scr280 the contention raised was that section 93 of the madras hindu religious and charitable endowments act, 1951 was a bar to maintain suit for rendition of accounts and recovery thereof against the ex- ..... statutory prohibition to determine the nature of the land contemplated by the rent reduction act. ..... (1983)iillj274sc this court held that the civil court has jurisdiction to examine whether action or decision of an administrative authority was ultra vires the relevant rules of grant-in-aid code and rule 9 (vii) was .....

Wasudeo Madhaorao Assarkar and anr. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1976Bom94; 1975MhLJ404

..... that is in keeping with the terms of the explanation appended to section 3 which prohibits act of parties transferring property inter vivos. ..... family, being the person who can hold land in excess of the ceiling area, would not be in a position to transfer or a partition property by act of parties made inter vivos. ..... its object is to prohibit transfers and partitions effected by the parties inter vivos when once the appointed day is reached and such person is holder of excess land. ..... section 8 is not as if a provision bringing about total prohibition of transfers or partitions after the appointed day. ..... it follows that when the suitor is a minor suing by a guardian, it will be for the court to hold whether division is necessary in the interest of the minor and if a preliminary decree is made in such a suit, then the divided status of the minor would date back to the date of the institution of the suit (see section 325- mulla's hindu law. ..... it would therefore not be out of place to take note of the companion legislation like bombay tenancy and agricultural lands act, 1948 and bombay tenancy and agricultural land (vidharbha region) act, 1958, which regulate the relationship of landlord and tenant of agricultural lands and further the aim and objective to confer statutory ownership on the tillers of the land. .....

Mohan Lal Vs. State and ors.

Court : Rajasthan

Reported in : AIR1966Raj1; (1968)ILLJ248Raj

..... it was further held that the university of madras was a body corporate created by madras act vii of 1923, and that it was not charged with the execution of any governmental functions (as to the correctness of which proposition with utmost deference we have our own doubts) and it was a state-aided institution, but it was not maintained by the state and was authorised to raise its own funds of income from fees, endowments and the like. ..... tht licensee has failed to comply with any of the provisions of the 6th and 7th schedules of the act whereupon the charges levied by the licensee for the supply of the electricity can be investigated and suitable recommendations in that behalf made to the government.section 60 is then important and lays down, broadly speaking, that the board shall assume all obligations of the state government which existed at the time of the first constitution of the board in respect of matters to which the act of 1948 applies, and all such obligations and contracts ..... lays down that schemes sanctioned by the state government and transferred to the board shall, for the purposes of this act, be deemed to have been sanctioned by the board.section 74 then lays down that any officer or servant of the board generally or specially authorised by the board in this behalf may at any reasonable time after giving the owner or occupier reasonable notice enter upon any land or premises and there do such things as may be reasonably necessary for the purposes of lawfully using any .....