Judgment Search Results Home > Cases Phrase: the public wakfs extension of limitation kerala amendment act 1971 1 Page 1 of about 274 results (0.156 seconds)

Wakf Board Andhra Pradesh Represented by Its Secretary Vs. Biradavolu ...

Court : Supreme Court of India

Reported in : AIR1999SC3374; JT1999(6)SC229; (2000)1MLJ58(SC); 1999(5)SCALE177; (1999)6SCC582; [1999]Supp1SCR630; 1999(2)LC1290(SC)

..... suit filed by the plaintiff board for possession from the hands of his latest successor in interest could be said to be within time in the light of article 96 of the limitation act, 1963 as well as section 3 of the public walks (extension of limitations) act, 1959 (hereinafter to be referred to as the 'extension act'). ..... extension of period of limitation in certain cases for suits to recover possession of immovable property forming part of public walks-where a person entitled to institute a suit of the description referred to in article 142 or article 144 of the first schedule to the indian limitation act, 1963, for possession of any immovable property forming part of a public walks or any interest therein has been dispossessed, or has discontinued the possession, at any time after the 14th day of august, 1947, and before the 7th day of may, 1954, or, as the case may be, the possession of the defendant ..... a mere look at the said act indicates that sections 66-d to 66-h were brought on the statute of walks act, 1954 by amending act 69 of 1984. ..... 15,000 on 20.8.1971. .....

T. Kaliamurthi and anr. Vs. Five Gori Thaikal Wakf and ors.

Court : Supreme Court of India

Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306

..... therefore, the interpretation to be placed should be purposeful meaningful and reasonable not giving rise to anomalies and unintended situations.h) the issue of limitation in reference to disputes between the parties under the wakfs act, 1954 is also dependant upon a consideration of the public works (extension of limitation) act, central act 29 of 1959 and the subsequent wakf (tamil nadu amendment) act, 1982 in and by which section 59-a and 59-b were inserted in the central act of 1954. ..... in this connection, attention was drawn to sections 59a and 59b of the wakf (tamil nadu amendment) act, 1982 (act 34 of 1982) which safeguards the right to recover property of the wakf and overrides the limitation act from 15th of august, 1947. ..... the public property (extension of the limitation) act 1959 had extended the time limit in cases like this so that these cases could be filed until 31.12.1970 if the transfers were made between 14.8.1947 and 7.5.1954.3. ..... the employees state insurance corporation : (1971)iillj647sc .in view of the above authorities, we are of the view that in the present case, once it is held that the suit for possession of the suit properties filed at the instance of the wakf were barred under the limitation act, 1908, the necessary corollary would be to hold that the right of the wakf to the suit properties stood extinguished in view of section 27 of the limitation act, 1963 and therefore, when section 107 came into force, it could not revive the extinguished rights. .....

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... the parliament enacted the (24th amendment) act 1971, by which the parliament restored to the amending power of the parliament and also extended the scope of article 368 which authorised the parliament to amend any part of the constitution. ..... parliament then brought in the 25th amendment act, 1971 by which article 31(2) was amended by which private property could be acquired on payment of an amount instead of compensation . ..... article 31a enabled the legislature to enact laws to acquire estates which also permitted the state in taking over of property for a limited period either in the `public interest' or to `secure the proper management of the property', amalgamate properties, and extinguish or modify the rights of managers, managing agents, directors, stockholders etc. ..... in support of his contention, reliance was placed on the judgments of this court in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the part c states (laws) act, 1950 (1951) 2 scr 747, rajnarain singh v. ..... the constitution was again amended by the seventeenth amendment act of 1964, by which the state extended the scope of article 31a and ninth schedule to protect certain agrarian reforms enacted by the kerala and madras states and jagir, inam, muafi or any other grant, janmam, ryotwari etc. ..... air 1961 sc 4, hamdard dawakhana (wakf) lal kuan, delhi & another v. .....

Rajkumar Rajindra Singh Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1976HP82

..... on september 7, 1974 parliament enacted the constitution (thirty-fourth amendment) act, 1974 and thereby inserted the impugned act as entry 73 in the ninth schedule to the constitution.4. ..... if we bear in mind what has been said above of the object and scope of section 4, it will be apparent that when sub-section (4) speaks of treating an adult son as a separate unit, it intends that in the process of determining the permissible area available to the landholder out of the landholding belonging to such landholder, the extent of the permissible area will be the area prescribed for tbe landholder under sub-sections (1) and (2) enlarged by an equally extensive area by reason of the existence of each adult son. ..... section 8 entitles a person to select land, within the limits of his permissible' area, which he desires to retain. ..... state of madras, air 1971 sc 161, the supreme court repelled a similar contention that in acquiring the property belonging to a religious denomination the legislature violated clauses (c) and (d) of article 26. ..... the surplus area so determined is deemed, under section 11, to have been acquired by the state government for a public purpose. ..... state of kerala, air 1962 sc 723 at pp. ..... in khajamian wakf estates v. .....

K.H.V. Prasad and ors. Vs. Govt. of Andhra Pradesh Rep. by Its Princip ...

Court : Andhra Pradesh

Reported in : 2009(4)ALT71

..... in order to check the menace of unauthorized constructions and violation of the sanctioned building plans, it is absolutely imperative for the state to make provision for levy of exemplary fines, which would operate as deterrent against those who are in the habit of taking law into their own hands insofar as the constructions of buildings and encroachment on public lands are concerned.it will be highly appreciated if the state, while amending the relevant statutory provisions, delete the provision regarding compounding of violation of municipal acts and other similar statutes ..... 112 the said rule 9(i) and 9(m) were deleted, with the result there is no prohibition for penalization even where the buildings are not in conformity with the approved land use (clause (i)) and the constructions made are not within the building lines of major road of width 80 feet within the limits of greater hyderabad municipal corporation (ghmc); vijayawada and visakhapatnam municipal corporations and the road width of 60' in the urban areas (clause (m)). ..... he, further, submitted that so far as the provision similar to section 455-aa enacted by the tamil nadu state by incorporating section 113a to the tamil nadu town and country planning act, 1971 is concerned, the same was held to be valid by the honourable supreme court in the case of consumer action group's case (9 supra).62. .....

State of Kerala and anr. Vs. the Gwalior Rayon Silk Manufacturing (Wvg ...

Court : Supreme Court of India

Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671

..... private forests aggrieved by the deprivtaion, without compensation, of their ownership under the kerala private forests (vesting & assignment) act, 1971 (act 26 of 1971) (hereinafter called, for short, the forest act) challenged its vires under article 226 of the constitution on the score that it violated their fundamental rights under articles 14, 19 and 31 and was not immunised by article 31a from the lethal sting of article ..... : [1960]3scr887 case, speaking for the court, reviewed the earlier decisions under article 31a and interpreted the provision against the back-drop of the objects of the constitution (forth amendment) act, 1955 and the earlier constitution (first amendment) act, 1951, to arrive at the conclusion that article 31a was meant 'to ..... the necessary reservations the scheme for the assignment of the private forests to the various beneficiaries described in section 10 shall, as far as may be be, completed within two years from the date of the publication of the act. ..... the idea conveyed by the expression is that although apparently a legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality it transgressed those powers, the transgression being veiled by what appears, on proper examination, to be a mere pretence or disguise.the forest act survives the attack on the ..... made by the writ petitioners that their extensive forest lands are being confiscated without a paisa of compensation while the timber itself will ..... wakf .....

In Re: Temples in the Erstwhile Malabar Area

Court : Kerala

Reported in : AIR1995Ker172

..... by virtue of the provisions of the kerala land reforms act, as amended by act 35 of 1969, these temples lost the rental income from the said agricultural lands in view of the vesting of the landlord's rights in the state. ..... referring to some of the provisions of the wakf act, the supreme court observed that the principle functionary to undertake the community workship is the imam and the objective and purpose of every mosque being community worship and it being the obligation of the board under the act to ensure that the objective of the wakf is carried on, the board cannot escape from its responsibilities for proper maintenance of religious service in the mosque, mosques are wakfs and are required to be registered under the act over which the board exercises control. ..... responsibility cast on the government coupled with the unintended income that has come into its hands (which would have gone into the hands of the devaswoms but for the vesting under act 26 of 1971) would enable this court to hold that the state has been constituted a trustee for the income from these forest lands with an obligation to spend the same for the benefit of these devaswoms and the worshipping public.72. ..... the writ petitioners in the case before the supreme court had voiced a complaint that their extensive forest lands are being confiscated without a paisa of compensation while the timber itself will be worth crores of ..... respondent has only a limited power of administration and governance of the temples. .....

Unni Krishnan, J.P. and Others Etc. Etc. Vs. State of Andhra Pradesh a ...

Court : Supreme Court of India

Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594

..... : [1991]2scr643 it is held:this court expressly rejected the submission which had found favour with the kerala high court that in the absence of a specification by the state government, the position would be as it was before the 1978 amendment, that is, the board was to carry on its affairs and adjust the tariffs in such a manner as not to incur a loss ..... be permitted to be established and/or administered only by a society registered under the societies registration act, 1860 (or the corresponding act, if any, in force in a given state), or by a public trust, religious or charitable, registered under the trusts act, wakfs act (or the corresponding legislation, if any, e.g. ..... , understood in the context of articles 45 and 41 means:(a) every child/citizen of this country has a right to free education until he completes the age of fourteen years and (b) after a child/citizen completes the age of 14 years, his right education is circumscribed by the limits of the economic capacity of the state and its ..... if the scope of article 30(1) is made an extension of the right under article 29(1) as the right to establish and administer educational institutions for giving religious instruction or for imparting education in their religious teachings or tenets the fundamental right of minorities to establish and administer educational institution of their ..... [1971]3scr699 it is stated:lastly it was urged that such test affected the personal liberty of the candidates secured under article 21 of the .....

Kunjukutty Sahib, Etc., Etc. Vs. the State of Kerala and anr.

Court : Supreme Court of India

Reported in : AIR1972SC2097; 1972(0)KLT353(SC); (1972)2SCC364; [1973]1SCR326

..... the amendment undoubtedly no land within the personal cultivation o.f the holder under the un-amended act within the ceiling limit fixed thereby could be acquired without payment of compensation according to the market value, but once ceiling limit was changed by the amended act the second proviso to article 31-a(1) must be held to refer only to the new ceiling limit fixed by the amended act ..... any land transferred by a person holding land in excess of the ceiling area between the 18th december, 1957 (the date of publication of the kerala agrarian relations bill) and the date of the publication of the kerala land reforms bill, 1963 (here we think that ceiling means the ceiling area under the act, for it does not appear there was any ceiling area during the period in question) is to be regarded as still held by him for the purpose of fixing the extent of land to be surrendered by him and such surrender is ..... of 1971 the first point urged before us was founded on article 31-a(1), second proviso by virtue of which the state can have no power to acquire any portion of land held by a person under his personal cultivation in the estate, which is within the ceiling limit applicable to him under a law unless the law empowering acquisition provides for compensation at a rate not less than the market ..... in entirety for building purposes (although there might be some little extension of the dwelling house) or for industrial or commercial purposes. ..... by the appellant to khajamlan wakf estates .....

Abdul Sathar Haji Moosa Sait Dharmastapanam Vs. Commissioner of Income ...

Court : Kerala

Reported in : [1988]169ITR84(Ker)

..... haji moosa sait : [1971]81itr230(ker) , that a quarter of the income derived from the assets and applied to public charitable purposes qualified for exemption under section 4(b) of the kerala agricultural income-tax act, 1950, and in so far as that finding has remained unchallenged, that portion of the wealth which produces the income devoted to public charity must be regarded ..... the appellate assistant commissioner sets aside the assessment and directs the income-tax officer to make a fresh assessment, without imposing any restrictions or limitations as to how the fresh proceedings are to be conducted by the income-tax officer, the income-tax officer has the same powers in making such fresh assessment as he had originally when making the assessment under section 143 of the act. ..... as amended reads :'(1) subject to the provisions of sub-section (1a) in the case of assets chargeable to tax under this act, which are held by a court of wards or an administrator-general or an official trustee or any receiver or manager or any other person, by whatever name called, appointed under any order of a court to manage property on behalf of another, or any trustee appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including a trustee under a valid deed of wakf), the wealth ..... and fundamental is that the liability of a trustee, whether under the income-tax act or under the wealth-tax act, is co-extensive with that of the beneficiary, for it .....