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Judgment Search Results Home > Cases Phrase: the orissa agricultural land utilisation act 1969 Page 1 of about 9,284 results (0.551 seconds)

Aug 31 2013 (HC)

Sube Singh and Others Vs. Rameshwar and Others

Court : Punjab and Haryana

..... vide order dated 15.7.1961 collector (agrarian).jind, declared 31 standard acres 1 unit of land inclusive of the suit land belonging to singh ravinder 2013.09.09 17:28 i attest to the accuracy and integrity of this document chandigarh -3- rs.no.952 of 1989 bhalle ram as surplus under the pepsu tenancy and agricultural lands act (hereinafter referred to as 'the pepsu act').in june, 1964 the land in question was allotted to various allottees, including the defendants. ..... was allotted and physical possession was delivered to the resettled tenants, later on the land- owners died held, the heirs of the deceased land-owners singh ravinder 2013.09.09 17:28 i attest to the accuracy and integrity of this document chandigarh -11- rs.no.952 of 1989 cannot derive any benefit on account of his death, because his surplus area had been utilized long before his death and he ceased to be its owner long before his death by virtue of the operation of section 32-e of the pepsu tenancy and agricultural lands act. ..... for the disposal of appeal and civil writ singh ravinder 2013.09.09 17:28 i attest to the accuracy and integrity of this document chandigarh -7- rs.no.952 of 1989 petition, admitted facts are to the effect that bhalle ram, father of the plaintiffs, was the owner of the suit land along with other agricultural land. ..... the commissioner accepted the appeal vide order dated 23.6.1969. .....

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Jul 27 1960 (HC)

Pratap Kesari Deo Vs. the State of Orissa and ors.

Court : Orissa

Reported in : AIR1961Ori131

..... section 2 (i) says that all the expressions not defined in the act shall have the same meaning, as are respectively assigned to them in the tenancy laws in force in the concerned areas.the tenancy laws in orissa namely the orissa tenancy act, the madras estates lands act and the central provinces tenancy act -- all deal with lands used primarily for agricultural purposes. ..... force the orissa private lands of rulers (assessment of rent) act, 1958 (orissa act xiii of1958 -- hereinafter referred to as the act), bywhich all the private lands of the former rulers inorissa were classified into three groups viz, (i) irrigated wet land; (ii) rain-fed wet jand; and (iii)dry land, & power was conferred on the appropriateauthorities to assess all these classes of land to rentafter following the procedure prescribed in the actand in the rules framed under the act.in these rules detailed instructions were given for the mode of assessment of these classes of private lands and the ..... it is true that they have been described as 'nazul' and 'palace compound' but even these lands may be fit for cultivation purposes especially for cultivation of dry crops and it is entirely left to the choice of the owner to either utilise the lands for agricultural purposes or not. .....

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Jan 30 1953 (HC)

K.C. Gajapati Narayana Deo and ors. Vs. the State of Orissa

Court : Orissa

Reported in : AIR1953Ori185

..... assuming, however, that the scheme alleged, is made out, and that the deliberate object of the legislature in enacting the orissa agricultural income-tax amendment act of 1950, was to utilise it as an item of deduction in the prospective zamindary abolition scheme, the question that arises is whether this invalidates the agricultural income-tax amendment act itself, or, the utilisation thereof in the estates abolition scheme or both. ..... : (i) challenge to the validity of the act as a whole; (ii) challenge to the validity of the application of the act as regards certain specific items comprised within the estates, such as, private lands, waste lands, mines, and minerals and buildings and also of certain provisions of the act; and (iii) challenge to the validity of certain items which enter into the calculation of compensation and in particular the item of deduction based upon the orissa agricultural income-tax act, as per the amendment thereof in the year 1950 and to the validity of certain provisions of the madras estates land (orissa) amendment act and steps taken by the state .....

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Apr 26 1973 (HC)

Nidhi SwaIn and ors. Vs. Khati Dibya and ors.

Court : Orissa

Reported in : AIR1974Ori70; 39(1973)CLT646

..... since narasingha died on 1-12-1949, at a time when that act was not & force, the plaintiff is not entitled to lay any claim on the basis of the 1937 act (2) the plaintiff is not entitled to any share in the agricultural land and the hindu succession act, 1956 (hereinafter referred to as the 1956 act) has no application to succession in respect of agricultural lands. ..... in my judgment, the passing of the extra provincial jurisdiction act, the notification of the government of india delegating its authority to the government of orissa and orissa government's exercise of the powers and extension of orissa maintenance of public order act, to the territories concerned are all intra vires, valid and binding upon the subjects of those territories..... ..... on the other hand, the defendants in a joint written statement have contended that some portion of the 'a' schedule property is not the joint family asset; the acquisitions of 'b', 'c' 'd', and 'e' schedule properties are not out of the joint family nucleus and the joint family has no interest therein; the joint family had no surplus income and, therefore, in the acquisition of 'b', 'c, 'd' and 'e' scheduled properties, there was no utilisation of any joint family asset. ..... (4) the plaintiff has failed to establish existence of sufficient nucleus and, therefore, there could be no presumption that joint family nucleus was utilised for acquisition of properties under the 'b' to 'e' schedules of the plaint. .....

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Dec 11 1996 (SC)

S. Jagannath Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848

..... incidence of conversion of agricultural land into coastal aquaculture land into coastal aquaculture units which infringe upon the fundamental rights to live and livelihood were noticed particularly in the state of orissa. ..... ; (k) 'trade effluent' includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [industry operation or process, or treatment and disposal system], other than domestic sewage.section 25 of the water act provides that no person shall, without the previous consent of the state board establish any industry, operation or process, or any treatment and disposal system which is likely to discharge sewage or trade effluent into a stream or well or sewer ..... moutha large number of shrimp farms have come up on both sides of the lower reaches of the subarnarekha river to utilise the tidal brackish water as observed by the inspection team. ..... the compensation amount recovered from the polluters shall be deposited under a separate head called 'environment protection fund' and shall be utilised for compensating the affected persons as identified by the authority and also for restoring the damaged environment ..... of viable technologies for secondary aquaculture to gainfully utilise nutrient enriched farm effluents an encourage farmers to adopt such technologies with the necessary support.12. ..... however, this practice of utilisation of backwaters will prove to be unsound if carried out for large scale farms using semi-intensive type of .....

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Sep 05 2003 (HC)

Konkana Ravinder Goud and ors. Vs. Bhavanarishi Co-operative House Bui ...

Court : Andhra Pradesh

Reported in : 2003(5)ALD654; 2003(6)ALT1

..... the aims and object of the society and purpose for which the agreements of sale were entered was only to utilise the land for house sites in accordance with the master plan, therefore, the obvious intention of the society and nature of transaction in purchasing the lands is of the 'urban land' not the agricultural land for which the provisions of the act have no application. ..... 9 by the amendment act of 1994 with effect from 31.10.1993; the suo motu revisional powers under section 9 could not be exercised after a long lapse of about ten years; the joint collector failed to appreciate the provisions of law correctly and failed to apply the principles of law to the facts of the case; respondents 4 to 30 did not object to the proceedings before the mandal revenue officer under section 5-a prior to the initiation of suo motu revision under section 9 by the joint collector and the land did not cease to be agricultural land notwithstanding ..... brundaban sharma wherein the supreme court upheld the suo motu powers of revision exercised by the board of revenue of orissa under section 38(b) of the orissa abolition act, 1951 and set aside the order of the tahsildar granting patta after a lapse of 27 years. ..... rao further placing reliance on the decision of the supreme court in state of orissa v. ..... he would also submit that a similar issue was considered by the supreme court in state of orissa v. .....

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May 11 1992 (HC)

Manmohan Rout (and After Him) Sundari Devi and ors. Vs. State of Oriss ...

Court : Orissa

Reported in : 74(1992)CLT454; 1992(II)OLR529

..... , does not arise for consideration in the present proceedings as .the consolidation authorities are bound to respect the decisions of the authorities under the orissa estates abolition act and in view of sub-section (.1) of section 61 of the orissa consolidation of holdings and prevention of fragmentation of land act and further the opposite parties have not adduced an iota of material in support of their claim of a communal right over the land in question, in our considered opinion, the consolidation authorities committed grose error in proceeding under the impression that the villagers have been able to establish ..... the next question that arises for consideration is whether the commissioner of consolidation was justified in negativing the petitioners' claim on the assumption that the prohibition contained in the orissa communal, forest and private lands (prohibition of alienation) act, 1948 (orissa act 1 of 1948) applied to the lease executed by the ex-intermediary in favour of the petitioners and, therefore, no right was conferred on the petitioners. ..... the said madan rout transferred his interest in favour of the petitioners by means of a registered deed of gift and since the date of the lease, the petitioners are using the tank for agricultural purpose by utilising the water of the tank for raising various vegetables in their lands. ..... , air 1969 sc 971 and budhan singh v. .....

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Dec 16 2015 (SC)

Sri Jagannath Temple Mng. Committee Vs. Siddha Math and Ors.

Court : Supreme Court of India

..... having regard to the ancient customs and usages and the unique and traditional nitis and rituals contained in the record-of-rights prepared under the puri shri jagannath temple (administration) act, 1952 (orissa act xiv of 1952) (emphasis laid by this court) section 2 of the temple act, 1955 bars the operation of the orissa hindu religious endowments act, 1951 on the temple, and reads as follows: 2 (1): the provisions of the orissa hindu religious endowments act, 1951 (orissa act 2 of 1952) shall cease to apply to the said temple except ..... the general consensus of opinion is that the zamindari system has perpetuated assessment which has no relation to the productive capacity of the land and has further led to loss of contact between the government and the actual cultivator and has acted as a break in agricultural improvement it seems without a social change in the existing system of land tenure no coordinated plan of agricultural reconstruction can be undertaken with a fair rent, fixity of tenure, proper maintenance of irrigation sources and consequent increases of crop yield ..... that lands endowed to the temple of lord jagannath are distinct from the lands or property endowed to the vaishnava maths for the purpose of utilising the proceeds of those properties for offering bhoga before lord jagannath and the subsequent distribution of that mahaprasad among pilgrims, beggars and ascetics, presumably visiting the math, or approaching its authorities for a portion of the maha prasad .....

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Dec 06 1991 (HC)

The Commissioner of Wealth-tax, New Delhi Vs. A.K. Tandon

Court : Delhi

Reported in : 1992(22)DRJ334

..... are worth noting, particularly in view of the fact that addanki narayanappa's case has been referred to and also relied upon:- 'considerable emphasis has been laid by the learned counsel for the asse ssee on this sentence and it is contended that in the light of the clear enunciation by the supreme court in this case explaining the scope and effect of the decision in addanki narayanappa's case, : [1966]3scr400 , the assessed owned and had interest in the agricultural land and was entitled to the deduction under section 5(1)(iv-a) of the act. ..... such a property really vests in the partners collectively in proportion to their shares in the firm although the right of onwership of each partner in respect of that property is restricted by the contract of partnership and the very nature and character of the collective business called the partnership business for which the property is to be utilised. ..... this judgment of the orissa high court fully supports the contention of the learned counsel for the asscssees. ..... it is also significant to mention here that this judgment dissents from the judgment of the madras high court in : [1976]104itr602(orissa) to which a reference has been made by us earlier. ..... the tribunal relying on the judgments of the kamatka high court reported in : [1978]114itr532(kar) , orissa high court reported in : [1979]119itr8(orissa) and m.p. ..... butchi krishna : [1979]119itr8(orissa) . .....

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Jun 16 1994 (HC)

R. Venkatavaradha Reddiar Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1995]214ITR76(Mad)

..... tandon : [1992]198itr26(delhi) : 'considerable emphasis has been laid by the learned counsel for the assessee on this sentence and it is contended that in the light of the clear enunciation by the supreme court in this case explaining the scope and effect of the decision in addanki narayanappa's case, : [1966]3scr400 , the assessee owned, and had interest in, the agricultural land and was entitled to the deduction under section 5(1)(iva) of the act. ..... butchi krishna : [1979]119itr8(orissa) , the orissa high court has taken the view that the exemption should be available in respect of the value of the assets of the exempted variety in the hands of the assessee, irrespective of whether the assessee held certain deposits in his own name or as his share in a firm and further that the limit prescribed under section 5(1a) of the act was to be applied at that stage and not at the stage of computing the value of the assets in the hands of the firm. 15. ..... such a property really vests in the partners collectively in proportion to their shares in the firm although the right of ownership of each partner in respect of that property is restricted by the contract of partnership and the very nature and character of the collective business called the partnership business for which the property is to be utilised. .....

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