Court : Orissa
Reported in : 101(2006)CLT743; 2005(II)OLR40
..... where in a case under sections 4-b, 4-c, 4-a of west bengal land reforms act (10 of 1996) relating to permission of collector to fell trees, held that it was not required for felling trees in non-forest private plantation/orchard/bagan. ..... it is further pleaded that land of the petitioner which admittedly has 111 numbers of sal and teak trees and recorded in the ror as cashew plantation does not come under the definition of forest land as defined in section 2(c) of the orissa communal forest and private lands (prohibition of alienation), act, 1948 as the same has at no point of time been declared to be forest land by notification of the state government. ..... court cannot enlarge or extend the scope of section 4-a to areas in state of west bengal other than areas specified in three sub-divisions of darjeeling district. ..... state of west bengal and ors. ..... and west bengal which is relevant read as follows :-'there will be no felling of trees permitted in any forest public or private. ..... he argued that as is apparent on the face of annexure-6 one revenue inspector and one revenue supervisor accompanied the acf and the range officer and verification was done in presence of the petitioner on 16.3.2004 and had it been a lease hold land and acquired after 25.10.1980 the officials conducting the joint verification could not have failed to make a mention to that effect in annexure-6. ..... , ror and rent receipts etc. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori131
..... only on proof that the plaintiff has sustained substantial injury by reason of the irregularity complained of; and no such sale shall be annulled upon such ground, unless such ground shall have been declared and specified in an appeal made to the commissioner, under rule 2 of the bengal land revenue sales act of 1868; and no suit to annula sale made under this act shall be received by any court of justice, unless it shall be instituted within one year from the date of the sale becoming ..... the bengal land revenue sales act (act vii of 1868) which is to be read with, and taken as a part of act xi of 1859, further provides that very certificate of sale given to a purchaser at a revenue sale held under act xi of 1859, shall be conclusive evidence in favour of such purchaser, and of every person claiming, under him, that all notices in or by this act or by the said act xi of 1859 required to be served or posted have been duly served and posted. ..... 2, the plaintiffs raised the present suit for a declaration that defendants 1 and 2 have acquired no interest in the estate through their purchases, and that the revenue sale held by the collector was illegal as there was, in fact, no arrear of rent due, and as the requisite notices were not served on the plaintiffs. ..... again, the names of the actual proprietors of an estate can be ascertained by a reference to road cess returns, cess valuation returns, settlement proceedings, partition cases, and appeals under act xi of 1859. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... 'estate' has been differently defined in the various acts that are in force: see for instance the bengal land revenue sales act (act 7 of 1886), the bengal survey act (act 5 of 1875); the bengal land registration act (act 7 of 1876); the bengal cess act (act 9 of 1880); the estates partition act (act 5 of 1897); and the bengal settled estates act (act 3 of 1904) ..... provisions of section 3, orissa communal forest and private land (prohibition of alienation) act, 1948, by leasing out gochar lands in mouza kusthira, baunas kauta and madhupurpat and leasing out 0-43 acres of private lands in baunsa-kanta to one madhu baral and also leasing out communal lands in village andhei guda. ..... contravened the provisions of section 3 of the orissa forest, communal and private land (alienation of prohibition) act, 1948, by leasing out gochar lands in mouza kus-thira, bausakanta and madhupur and by leasing out 0.43 acres of 'private land in baun-sata to one madhu baral and also by leasing out communal lands in village andhei guda ..... found from the inspection of the office that the receipts were regularly given, when rent was paid by tenants except only in the case of bhag tenants rendering bhag in ..... mistakes in respect of khata and khasara numbers and fair and equitable distribution of rent ..... ' under section 65, orissa tenancy act,'every tenant who makes a payment on account of rent to his landlord shall be entitled to obtain forthwith from the landlord a written receipt for the amount paid by him signed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori97
..... there the impugned act(the west bengal land development and planning act (21 of 1948)) lays down the principle forfixation of compensation in the following terms :'provided that * * * (b) in determining the amount of compensation to be awarded for land acquired in pursuance of this act the market value referred to in clause (1) of sub-section (1) of section 23 of the said act shall be deemed to be the market value of the land on the date of publication of the notification under sub-section (1) of section 4 for the notified area in which the land is included subject to ..... there is no provision either in the land revenue act or in the tenancy act to make such right transferable and we are not prepared to accept the position that such right can be placed at higher level than an occupancy raiyat's ..... above consideration therefore, we are of the view that these rights are non-transferable, and, as such, the requisite compensation as agreed upon by the parties regarding non-saleable land is five hundred times of the deduced rent which is (rs. ..... position is that the gountia holding raiyati land pays rent to the government as other occupancy raiyat ..... has rightly deducted from this amounttwenty times the deduced rent as the land-lord's share out of which fifteen times would go as the government's share and five times as gountia's share. ..... they are non-saleable, the gountia is only entitled to five hundred times of the deduced rent as agreed upon by the parties in respect of the non-saleable lands. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori171
..... in support of this argument reliance was placed on a division bench decision of the calcutta high court reported in -- 'subodh g6pal v, behari lal', air 1951 cal 85 (k) where it was held that section 7, bengal land revenue sales (west bengal amendment) act which made the amending act applicable to pending suits & unexecuted decrees was prima facie unreasonable. ..... apart from this consideration, in a later full bench decision of the calcutta high court reported in -- 'air 1952 cal 273' (h) the same high court distinguished the earlier decision and held that the provisions of the west bengal rent control (amendment) act of 1950 which were in terms retrospective in operation and applicable to pending cases were not unreasonable. ..... this is a petition under article 226 of the constitution for a declaration that the provisions of the orissa tenants protection act, 1948 (orissa act 3 of 1948) are void as being inconsistent with the fundamental rights guaranteed hinder the constitution and that proceedings under that act pending in the court of the second officer, russelkonda, in misc. ..... the bhag-chasis (whether under a raiyat, tenure-holder or proprietor) were thus the actual tillers of the soil, but the existing tenancy laws did not give them sufficient security from eviction and the high rate of produce rent payable by them (half the gross produce) left them very little margin even for their bare subsistence.6. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori260
..... words in the amended section in clause (7), sub-clause (f) of section 123 'revenue officers including village accountants, such as, patwaris, lekhpals, talatis, karnams and the like but excluding other village officers' clearly are intended to include sarpanches under the gram panchayats act of 1948.the above observations of the tribunal apply with greater force to the amended ..... ratan anmol singh, 7 ele lr 320 (i), it was held,'a lambardar appointed under the punjab land revenue act holds an office of profit under the government within the meaning of article 102(1)(a) of the constitution'.the latest pronouncement by the supreme court ..... ele l r 325 (h), it was held,''pateli is an office of profit under the government within the meaning of article 191 of the constitution of india as a patel has important duties to perform under the land revenue system and his appointment and removal rests with the government and there is also profit attached to the office the actual making of profit is not necessary to make an office one of profit; it is enough if the holder may reasonably be expected to make a profit out ..... petition, the appellant stated :'respondent no, 3, has been and is, a government sarbarakar of ten villages named in the schedule below and according to the terms of the appointment, receives as remuneration from the 'state 'government, a commission on the basis of the collections of rent and cess from the mouzas field in his charge ..... the case of hoshiarpur west general constituency 1946 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... it is further pointed out that by virtue of the orissa tenants protection act of the year 1948, which is a temporary act, the land-holder has been deprived of his right to get a competitive contractual rent and the rent payable, has been limited to 2/5ths of the gross produce in such cases ..... record in this case, in view of the fact that the statement of objects and reasons of the orissa estates abolition bill as introduced in january 1950, refers to this committee and its recommendations in the following terms:'the land revenue and land tenure committee which had been set up fay the provincial government to recommend amongst other things legislative and other measures regarding the elimination of all intermediary interests that exist at present between ..... they consist mainly of: (1) land revenue or rent, including cesses, payable to the state government or to the immediately superior intermediary for the previous agricultural year; (2) any sum payable as the chok-dari or municipal tax in respect of buildings taken over as office or estate ..... advanced is that even on the view that what is granted to the provincial government under the two sections is an executive and not a legislative function, the provisions in this behalf are hit by the principle laid down by the supreme court in its judgment in -- state of west bengal v. ..... interest has normally been assessed at twice the malevaram interest and that the apportionment of the total compensation money is made accordingly, as appears from .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769
..... under the excise act and resistance was offered, it was held:''''gurjat-ganja being a 'foreign excisable article' under section 4 of the act as amended by bengal act iv cf 1881, the excise officer had no legal authority to enter and search the house under section 40 of the act; he had authority only to enter and search for any 'excisable article' as defined in section 4 of the act; and that no offence, ..... further because according to law it is pagla baba who must be approached and demanded for an entry and this is not the cess for the prosecution.admittedly the search witnesses also were not taken when the ..... constable who was escaping by a passage at the west of bisam kutir and thereafter he wanted to assault the deputy superintendent of police who was standing on the verandah of bisam kutir, whereupon the deputy superintendent of police and some other police officers discharged revolver shots against him and he fell down.it is stated that the armed constables ..... where a nazir who was ordered to give possession of land to decree-holder asked the judgment-debtor to remove the hut standing on the land and on his refusing and insisting that if they were to be removed they should ..... emperor air 1948 all 205 (213) the learned judges observed,'the use of the words 'offences affecting the human body both in section 97, which gives the right of private defence, and in the beginning of chapter xvi makes it clear that the right of private defence- of person arises in favour of a person in cases .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori274
..... difference between the two provisions is that before the introduction of the amendment in 1951 (by orissa act 17 of 1951) there was only one appeal to the prescribed superior revenue authority, and the decision of that authority was not liable to be questioned by way of further appeal ..... revision petitions should be dismissed without costs on the preliminary ground that no revision lies against the appellate order of the collector passed under section 11, orissa tenants protection act and article 227 of the constitution has also no application because the order of the collector became final prior to the commencement of the constitution. ..... observed: 'from the facts already narrated, it should he clear that the judgment of the high court 4 affirming the convictions and sentence of the petitioners had acquired finality in the fullest sense of the term before 26-1-1950, and by reason of this finality, no one could question the validity of the convictions at the date when the constitution came into ..... west bengal ..... in all those petitions the opposite parties are the tenants who have been put in possession of the disputed lands & the landlord-petitioners seek to revise these orders on the ground that they are either without jurisdiction or that the officers below have exceeded their jurisdiction in ..... the orders passed in three cases by the collector acting under the orissa tenants protection act (orissa act 3 of 1948). c. r. ..... that the order passed by the collector of cuttack in rent appeal no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori106; 21(1955)CLT555
..... case of a company, on the principal officer thereof, a notice containing all or any of the requirements, which may be included in a notice under sub-section (2) of section 22, and may proceed to assess or re-assess such income, profits or gains, and the provisions of this act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section: provided that the tax shall be charged at the rate at which it ..... west bengal ..... 23 (3) of the act, the income-tax officer did not take the income from forests into account as till then the revenue authorities were under the impression that such income was agricultural income and as such was not ..... according to the assessee, the section to be operative contemplated the discovery of a fact, and the income-tax officer did not, in this case, discover any fact, because he already knew at the time of the original assessment that the assessee had forest income as well as interests on arrears of rent, etc.this point was overruled by the appellate assistant commissioner who held that the patna high ..... (income derived from the sale of wood from virgin jungles not actually cultivated), 'lakhar' (income derived from letting land and trees for cultivation of lac) and 'phalkar' (income derived from the fruits of wild jungle trees and bushes) were not agricultural income and therefore could not be taxed under the bihar agricultural income-tax act. ..... the provisions of section 34 as it stood before the amendment of 1948. .....
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