Court : Supreme Court of India
Reported in : AIR1963SC884; [1963]2SCR208
..... in 1894, the madras proprietary estates' village services act, 1894 (ii of 1894) was passed to make better provisions for the appointment and remuneration of the karnams among others. ..... 17 of the madras proprietary estates' village service act, 1894 (ii of 1894) or to re-grant it on jeroyti patta. ..... the title of the act is 'proprietary estates' village service'. ..... 'village-office' was defined to mean in respect of any estate, an offence in such estate to which the act or any portion thereof was extended and 'village-officer' meant a person holding or discharging the duties of such office chapter iii of the act then provided for the imposition of a village service cess, its amount on apportionment and the method and incidents of its levy. ..... by the state, the state government may enfranchise the said lands from the condition of service by the imposition of quit-rent under the rules for the time being in force in respect of the enfranchisement of village-service-inams in villages not permanently settled or under such rules as the state government may lay down in this behalf; such enfranchisement shall take effect from such date as the state government may notify : provided that the said enfranchisement shall be applicable to all lands or assignments as aforesaid even though, at the time this act ..... 17 of act ii of 1894 quite clearly show that lands could be granted for village service either by the state or by the proprietor. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker101
..... the definition in the madras proprietary estates' village-service act, 1894, occurs in the madras survey and boundaries act, 1823, as well. ..... counsel for the petitioner drew our attention to the definition of the expression 'estate' in the madras proprietary estates' village-service act, 1894. ..... basis of articles 14, 19 and 31 of the ..... the board standing orders, the madras revenue recovery act and other similar enactments, including the right to relinquish or abandon the lands in favour of the government.inasmuch as the expression 'estate' has not been defined or given any meaning in any of the existing laws relating to land tenures in the malabar area, the petitioner urges that kerala act 4 of 1961, in so far as it purports to affect the lands held by the petitioner, is not saved by article 31a of the constitution and the petitioner is entitled to ask this court to consider the challenge made to the said statute on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC161; (1971)IIMLJ75(SC); (1970)3SCC894; [1971]2SCR790
..... where the inam comprised the entire village, the same was treated as an 'estate' in the madras proprietary estates' village service act, 1894 (madras act 2 of 1894) and the madras hereditary village offices act, 1895 (madras act 3 of 1895) as well as in madras estate land act, 1908 (madras act i of 1908). ..... that act amplified the definition of the 'estate' in the madras estate land act, 1908, so as to bring within its scope all inam villages, of which the grant was made, confirmed or recognised by the government. ..... in this batch of appeals, the validity of the madras inam estates (abolition and conversion into ryotwari) act, 1963 (madras act 26 of 1963); the madras lease-holds. ..... then we come to the madras estates (abolition and conversion into ryotwari) act, 1948 (madras act 26 of 1948). ..... then came the madras estate land (third amendment act, 1936 (madras act 18 of 1936). ..... that act as its preamble says is an act to provide for the repeal of the permanent settlement, the acquisition of the rights of landholders in permanently settled and certain other estates in the province of madras and the introduction of the ryotwari settlement in such estates. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1948Mad200; (1947)2MLJ256
..... section 13(1), of that act provides as follows:any person may sue before the collector for any of the village offices specified in section 3, or for the recovery of the emoluments of any such office, on the ground that he is entitled under sub-section (2) or (3) of section 10 of the madras proprietary estates village service act, 1894, or under sub-section (2) or (3) of section 10 or sub-section (2) or (3) of section 11 or section 12 of this act, as the case may be, to hold such office and enjoy such emolument... 5. ..... in support of his argument, he referred to the words of section 13, particularly the following:.on the ground that he is entitled under sub-section (2) or (3) of section 10 of the madras proprietary estates village service act, 1894. ..... the question whether the revenue court had jurisdiction is dependent upon two sections of the madras hereditary village offices act, 1895. ..... or under sub-section (2) or (3) of section 10 or sub-section (2) or (3) of section 11 or section 12 of this act, as the case may be, to hold such office and enjoy such emoluments.he argued that, by those words, the section conferred jurisdiction upon a collector to entertain a suit only when the provisions of the cited sub-sections existed ; section 10 of the act deals with the filling of an office when a vacancy occurs. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad441; (1938)1MLJ552
..... section 13 states that any person may sue before the collector for any of the village offices specified in section 3 or for the recovery of the emoluments of any such office on the ground that he is entitled under sub-section (2) or (3) of section 10 of the madras proprietary estates village service act, 1894, or under sub-section (2) or (3) of section 10 or sub-section (2) or (3) of section 11 or section 12 of this act as the case may be, to hold such office and enjoy such emoluments; or, being a minor, may sue before the collector to be registered as heir of the last holder of any such office. ..... this was a case for a declaration that the appointment of the defendant as a headman where two villages had been amalgamated under the madras proprietary estates village service act, 1894, was illegal. ..... at page 650 of the report, their lordships observe:it is accordingly clear that since that time in madras (passing of the acts of 1894 and 189s) the karnam of the village occupies his office not by hereditary or family right, but as personal appointee, though in certain cases that appointment is primarily exercised in favour of a suitable person who is a member of a particular family. ..... in this case it has been suggested that the act of 1930 which inserted section 6(3) in the madras hereditary village offices act, 1895, was a declaratory act passed to clear up doubts and that the main act should be read as if the sub-section had always been there. .....
Tag this Judgment!Court : Chennai
Reported in : 60Ind.Cas.650
..... section 13 only gives jurisdiction to the revenue courts to decide suits brought on the ground that the person suing 'is entitled under sub-section (2) or (3) of section 10 of the madras proprietary estates village services act, 1894, or under sub-section (2) or (3) of section 10 or sub-section (2) or (3) of section 11 or section 12 of this act, as the case may be, to hold such office and to enjoy ..... in this case was appointed karnam of the grouped village of vallur in the venkatagiri zemindari by the sub-divisional officer under section 15(3) of act ii of 1894. ..... the only other point argued for appellant is that the six weeks time allowed by sub-section (3) of section 15 of madras act ii of 1894 has been ..... madras act iii of 1895 runs thus: 'no civil court shall have authority to take into consideration or decide any claim to succed to any of the offices specified in section 3 or any question as to the rate or amount of the emoluments of any such office or, except as provided in proviso (ii) to sub-section (1) of section 13, any claim to recover the emoluments of any such office: provided that if, in any suit instituted under this act the defendant has pleaded before the collector that a revenue court has no jurisdiction to entertain the suit, on the ..... has argued, (1) that plaintiff not being in possession of the office his suit is not maintainable under section 42, specific relief act; (2) that the jurisdiction of the civil courts is barred by section 21 of madras act iii of 1895.3. .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ333
..... suits for the emoluments of such an office on the ground that the plaintiff is entitled under sub-section 2 or 3 of section 10 of the madras proprietary estates' village service act, 1894, or under sub-sections 2 and 3 of section 10 or sub-section 2 or 3 of section 11, or section 12 of the hereditary village offices act itself, as the case may be, to hold such office and enjoy such emoluments; and,iii. ..... krishnaswami aiyar on behalf of the plaintiff pointed out, unless the jurisdiction of the civil court has been taken away, that jurisdiction must be taken to exist, and the question is whether section 21 of the madras hereditary village offices act (madras act iii of 1895) read with the proviso to the first clause of section 13 takes it away as contended on behalf of the defendant. ..... the plaintiff here sues to recover possession of the land in dispute alleging that he is the holder of the office of karnam in the proprietary village of lukulam and that the land in dispute itself is the emolument of the office.2. ..... the plaintiff sues for the recovery of the emoluments of the office of karnam and section 21, act iii of 1895 (madras) provides that the only case in which a civil court has authority to decide any claim to recover the emoluments of the office of karnam is where the suit comes under proviso (ii) to sub-section (1) of section 13 of the same act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad159; (1937)1MLJ37
..... section 13(1) of the madras hereditary village offices act (iii of 1895) is as follows:any person may sue before the collector for any of the village offices specified in section 3 or for recovery of the emoluments of any such office, on the ground that he is entitled under sub-section (2) or (3) of section 10 of the madras proprietary estates' village service act, 1894, or under sub-section (2) or (3) of section 10 or sub-section (2) or (3) of section 11 or section 12 of this act as the case may be, to hold such office and enjoy such ..... the allegations in the plaint make it clear that the lands, possession of which is sued for, are the emoluments of the potter service in the village concerned and that the plaintiff was suing in his capacity as the person, who was entitled to that office on the death of his father and after relinquishment by his brothers, defendants 1 to 4, and who has been regularly performing the potter service in that village from 2nd december, ..... the suit was to recover possession of the lands from defendants 7 to 18 on the ground that they were emoluments attached to the potter service in the village of velangi and that the plaintiff was entitled to perform that service and has been performing it from ..... observed:we are of opinion that in all cases where it is necessary for the plaintiff to allege for the maintenance of his suit, that the land in suit is an emolument of a service inam, the jurisdiction will remain with the collector under section 13 of the act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad405; (1941)1MLJ12
..... of a civil court is excluded only in those cases where a suit is cognizable under section 13 of the hereditary village offices act, which runs thus:any person may sue before the collector for any of the village offices specified in section 3 or for recovery of the emoluments of any such office on the ground that he is entitled under sub-section (2) or (3) of section 10 of the madras proprietary estates village service act, 1894, or under sub-section (2) or (3) of section 10 or sub-section (2) or (3) of section 11 or section 12 of this act, as the case may be, to hold such office and enjoy such emoluments; or, being a minor ..... the question for decision in this second appeal is whether the suit out of which this appeal arises is barred by section 21 of the madras hereditary village offices act. ..... therefore if the plaintiff succeeds in establishing his right he will be enabled to file a suit under section 13 of the hereditary village offices act and recover the office on the ground that he is entitled under sub-section (2) of section 10 of the act to hold the office relying on the judgment which has removed all impediment to his succession. ..... lakshmanna on behalf of the second defendant (appellant) contends that under section 21 of the hereditary village offices act the present suit is excluded from the cognizance of a civil court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1107; 1982LabIC876; (1982)IILLJ259SC; 1982(1)SCALE342; (1982)2SCC273; [1982]3SCR628; 1982(1)SLJ604(SC); 1982(14)LC445(SC)
..... (e) 'part-time village officer' means village headman (including additional village headman, village karnam (including chief karnam and additional village karnam) or triune officer appointed under(i) the madras proprietary estates') village service act, 1894 (madras act ii of 1894) or the madras hereditary village offices act, 1895 (madras act iii of 1895); (ii) the board's standing orders ; (iii) the tamil nadu village officers service rules, 1970 or any other rules made under the proviso to article 309 of the constitution ; or(iv) any other law,but does not include grama kuvalar, grama paniyalar and pasana kavalar; 41. ..... on december 1, 1968, the governor of tamil nadu promulgated a rule under the proviso to article 309 of the constitution providing that 'the standing orders of the board of revenue applicable to non hereditary village offices shall apply to every holder of a village office to which the madras proprietary estates village service act, 1894 (madras act no. ..... the madras proprietary estates'village service act, 1894 (madras act no. ..... since it was felt that the above two madras acts which contained provisions providing for appointment to village offices on hereditary basis were violative of article 16 of the constitution in view of the pronouncement of this court in gazula dasaratha rama rao's case (supra), the state legislature passed the madras proprietary estates' village service and the madras hereditary village offices (repeal) act, 1968 (madras act no. .....
Tag this Judgment!