Zamindari - Law Dictionary Search Results
Home Dictionary Name: zamindariZamindari
Zamindari, has a well-established connotation. It means a person who is the owner, or a co-sharer, of a mahal and as such, has an interest in the common land of the mahal and the management of the mahal, has the right to realise rent from tenants, and, in the absence of a contract to the contrary, is liable to pay the land revenue to the government, Ram Kishore v. B. Ravindra, AIR 1955 All 59: (1954) All LJ 725: (1955) AWR (HC)...
Held
Held, the word 'held' means possession of legal and does not require actual connected occupation, Jilubhai Nanbhai Khadhar v. State of Gujarat, 1995 Supp (1) SCC 596; AIR 1995 SC 142.The word 'held' in s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 means 'lawfully held'. Judicial propriety requires that if a bench of a High Court is unable to agree with the decision already rendered by another co-ordinate bench of the same High Court, the question should be referred to a larger bench, Budhan Singh v. Nabi Bux, AIR 1970 SC 1880 (1884): (1969) 2 SCC 481: (1970) 2 SCR 10.The expression 'held' occurring in s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 can be construed to mean 'lawfully held'. Kailash Rai v. Jai Jai Ram, AIR 1973 SC 893 (897): (1973) 1 SCC 527: (1973) 3 SCR 411 [U.P. Zamindari Abolition and Land Reforms Act (1 of 1951), s. 9]In the Unabridged Edition of The Random House Dictionary of the English Language, the word 'hold' has been inter ali...
Khatedar tenant
Khatedar tenant, Khudkasht land, a Zamindar who is in possession/occupation of Khudkasht land on the date of vesting of the estate becomes a Khatedar tenant on abolition of the Zamindari right under s. 29 of the Zamindari Abolition Act. Under the said s. a Zamindar becomes a Malik of the Khudkasht land in his occupation and as Malik he shall be entitled to all the rights conferred and all the liabilities imposed on a Khatedar tenant by or under the Act, Bir Singh v. Pyare Singh, (2003) 3 SCC 652: AIR 2000 SC 1216 (1220). [Rajasthan Zamindari and Biswedari Abolition Act, 1959 (8 of 1959), s. 5(29)]...
Ghatwali tenure
Ghatwali tenure, Ghatwali tenures originated dur-ing the Moghul period, that although the services included police duties, they were in their origin just as much of a military as a civil character and that the tenure could be granted by the ruling power directly to Ghatwal who was to render the services so as to establish a direct privity between the ruling power and the Ghatwal or it could be granted by the Zamindar for the protection of his Zamindari or for enabling him to render the police and military services to the ruling power which he was bound to do under the terms of the grant of Zamindari to him, Rudreswari Prasad Sinha v. Rani Probhabati, AIR 1952 SC 1 (4): 1952 SCR 64....
Occupant
Occupant, he who is in possession of a thing. See OCCUPANCY.A person in occupation. A person should be in occupation in his own right and not on behalf of someone else, Upper Ganges Sugar Mills Ltd. v. Khalil-ul-Rahman, AIR 1961 SC 143: (1961) 1 SCR 564.It is legitimate to conclude that even a Jagirdar or a Muafidar is an occupant, Maulana Shamsuddin v. Khushilal, AIR 1978 SC 1740: (1979) 1 SCC 121: (1979) 1 SCR 582. [Bhopal State Land Revenue Act, 1932, s. 2(15)]The expression 'occupant' though not defined in the Act, means a person holding the land in possession or actual enjoyment, Shiveshwar Prasad Narain Singh v. Ghurahu, AIR 1979 SC 413: (1979) 3 SCC 23: (1979) 2 SCR 296. [U.P. Zamindari Abolition and Land Reforms Act, 1950 (1 of 1951), s. 20(b)(i)]Occupant is a person who having obtained the right to possess a public premises, has the right to prohibit entry of another into it, Narayan Ch. Rana v. Balasore Municipal Council, AIR 1991 Ori 179.The word 'occupant' must mean a perso...
Proprietor
Proprietor, includes a company, Motipur Zamindari Co. Ltd. v. State of Bihar, AIR 1953 SC 320. [See also Bihar Land Reforms Act, 1950]Means a person as respects a village, muhal or land settled on zamindari system owning whether in trust or for his own benefit, such village, muhal or land, Mishri Lal v. Dhirendra Nath, (1999) 4 SCC 1.Proprietor, owner. In s. 93 of the Patents and Designs Act, 1907, as amended by the Act of 1932 (see LETTERS PATENT), the following definition occurs:-'Proprietor of a new and original design,'--(a) Where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed; and(b) Where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and(c) In any ot...
Average
Average, a medium, a mean proportion used in various senses:-(1) A service which a tenant owes to his lord by doing work with his avers.(2) A shipping or insurance term. (a) Average, or more fully general average, is where any damage or loss has been properly and voluntarily incurred in respect of a ship or cargo for its safety, e.g., goods thrown overboard in a storm to lighten the ship. Such loss by maritime law is shared proportionately between the shipowners and the owners of the cargo, according to value. This risk is almost always covered by insurance. An Average Bond is a bond entered into by the consignees of a cargo with the shipowners, when a general average loss has been sustained by the ship, binding the former to pay their proportion as soon as ascertained. (b) Particular average is damage, or loss to a ship, or cargo, other than a general average loss. Such a loss rests where it falls, that is to say, is borne by the owner of the thing lost or damaged, or by his insurer, ...
Begar
Begar, It is a word of Indian origin which like many other words has found its way in the English vocabulary. It is very difficult to formulate a precise definition of the word 'begar', but there can be no doubt that it is a form of forced labour under which a person is compelled to work without receiving any remuneration. Molesworth describes 'begar' as 'labour or service extracted by a govern-ment or person in power without giving remuneration for it'. Wilson's Glossary of Judicial and Revenue Terms gives the following meaning of the word 'begar': 'a forced labourer. One pressed to carry burthens for individuals or the public. Under the old system, when pressed for public service, no pay was given. The begari, through still liable to be pressed for public objects, now receives pay. Forced labour for private service is prohibited.' 'Begar' may therefore be loosely described as labour or service which a person is forced to give without receiving any remuneration for it. That was the me...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
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