Court : Chennai
Reported in : AIR1993Mad258
..... promoda nathw roy (1893) ilr 20 cal 732 it has been held by a division bench of calcutta high court that when considering section 10 of bengal act iii of 1864 does not deprive a person of any right of private property that he may have in land used as a public road, nor does it vest ..... the provisions of section 186 of the district municipalities act. it is further stated in the affidavit that a bore well is in existence about 2 miles east of konnur village that if the same is ..... existence, that the matter of installation of bore-well in the public path way used by villagers of konnur village was not at all placed before the district development council, that the action of the respondents in making a hole and putting up a pump room in the public street is in violation of ..... a writ of mandamus directing respondents 1 and 2 not to put up any bore well in s. no. 275/1 of konnur village, srivilliputhur taluk kamarajar district which is a public pathway.3. the petitioner is an agriculturist and he owns nearly 15 acres of land, as alleged by him at konnur village, srivilliputhur ..... municipality (1992) 2 mlw 124 srinivasan, j. had an occasion to consider the provisions of the tamil nadu muncipaliities act, while considering sections 162, 180-a, 182 and 183 of the tamil nadu district municipalities act the learned judge has held that once it is admitted that the land is intended to be used only as a .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1932Cal65
..... fence, rail, post or other obstruction or encroachment, which he may have erected in or on any road or open drain, sewer or aqueduct, after the date on which the district municipal improvement act, 1864, or the district towns act, 1863, or the bengal municipal act, 1876, as the case may be, took effect in the municipality; or, in case none of the said ..... acts was in force in the municipality before the commencement of this act, then after the data on which this act may have been extended thereto; and if such person shall fail to comply with such requisition ..... ) whether section 202, bengal municipal act, so far as howrah is concerned has bean repealed; and (2) what is ..... according to the magistrate, had been repealed by the extension of section 342, calcutta municipal act 3 (b.c.) of 1899, was revived. the magistrate came to the conclusion that section 202, bengal municipal act, had not been revived. the matter attracted the notice of the district magistrate and he has made a reference to this court for the determination of the questions (1 .....Tag this Judgment!
Court : Kolkata
Reported in : 136Ind.Cas.903
..... fence, rail, post or other obstruction or encroachment, which he may have erected in or on any road or open drain, sewer or aqueduct, after the date on which, the district municipal improvement act, 1864, or the district towns act, 1868, or the bengal municipal act, 1876, as the case may be took effect in the municipality : or, in case none of the said ..... acts was in force in the municipality before the commencement of this act, then after the date on which this act may have been extended thereto : and if such person shall fail to comply with such ..... whether section 202, bengal municipal act, so far as howrah is concerned has been repealed : and (2) what is the ..... according to the magistrate, had been repealed by the extension of section 342, calcutta municipal act iii (b. c.) of 1899 was revived. the magistrate came to the conclusion that section 202, bengal municipal act, had not been revived. the matter attracted the notice of the district magistrate and he has made & reference to this court for the determination of the questions: (1) .....Tag this Judgment!
Court : Kolkata
Reported in : (1898)ILR25Cal160
..... placed against or in front of such house which may have been so erected or placed after the date on which the district municipal improvement act, 1864, or the district towns act, 1868, or the bengal municipal act, 1876, as the case may be, took effect in the municipality.'5. the contention of the plaintiff is, that if ..... verandah. and it was admitted in the course of the argument that the commissioners in issuing notice on the plaintiff had proceeded under section 204 of bengal act iii of 1884. that being so, the question reduces itself to this, namely, whether the projection in question was one that was erected or placed ..... placed for the purpose of supporting a new verandah in substitution for the old verandah which had been in existence long before any municipal act came into operation affecting this district, and that it was intended to be of the same dimensions as the old verandah.8. the point, then, which we have ..... by the defendants to the plaintiff.3. the first question which we have to decide is whether, having regard to the terms of section 204 of bengal act iii of 1884, the municipality were justified, under the circumstances of this case, in giving a notice, which admittedly the above document purported to be, ..... has been that, as the old verandah had been taken down and a new one was going to be erected in its place after the bengal municipal act had come into operation, the case must be held to come within the scope of section 204.3. i do not think that this contention .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1914Cal873,24Ind.Cas.618
..... and cannot be properly relied. the revenue survey, which followed the thak of the district of sylhet was apparently not approved by the local government under sections 3 and 4 of the bengal alluvion and diluvion act of 1847. in 1864 the lands were either jungle or submerged, and therefore, no proper thak could ..... it occurs is read, it can hardly be concluded that the lower appellate court intended to come to any such finding as is suggested. the district judge discusses the evidence as to possession and dispossession on both sides. he remarks that ten witnesses, who were tenants of the plaintiff, supported ..... dispossessed'. mr. caspersz urges that the view taken by the subordinate judge was clearly right, and that in the passage quoted above, the learned district judge has found that he, plaintiff, had failed to prove possession within twelve years of suit, a finding which is fatal to the plaintiff's ..... because the evidence on both sides was equally balanced and equally weak, no presumption in favour of possession following title could be made. the learned district judge, however, arrived at a different conclusion and in doing so, expressed the opinion that it was doubtful if the plaintiff should be non-suited ..... agents, and that such maps have for years been accepted by the civil courts as evidence both of possession and of title. as the district judge has remarked : it is unquestionable that as between proprietor and proprietor the thak has come to be regarded as a correct record of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1943Cal234
..... from the owner or occupier of the building the cost thereby incurred:provided that if the owner or occupier proves that any such structure or fixture was erected before the district municipal improvement act, 1864, or the district towns act, 1868, or the bengal municipal act, 1876, as the case may be, took effect in the municipality or in the case of a municipality, constituted under the ..... bengal municipal act, 1884, in which none of the aforesaid acts was in force prior to the commencement of that act, before the date of the constitution of that municipality, or in the case of ..... nasim ali, j.1. the defendants (the municipal commissioners of dacca) in the suit out of which these two appeals arise made an application under section 241(3), bengal municipal act (act 15 of 1932), to the sub-divisional officer of dacca for an order upon the plaintiffs to remove one shade attached to the ground-floor and four shades attached to ..... . one (l.p. no. 10 of 1939) is by the defendants and the other (l.p. no. 11 of 1939) by the plaintiffs. the material portion of section 241, bengal municipal act, is in these terms:(1) when any verandah, platform or other similar structure or any fixture attached to a building so as to form part of the building, whether erected .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1915Cal690(2),30Ind.Cas.931
..... unoccupied or waste piece of land. tenancy, in a great many districts in bengal, commences in this way, and where it does so commence, it is presumed that the cultivator cultivates by the permission of the landlord, and is ..... difficulty in the way of the plaintiff-respondent. the principle which he enunciates as deducible from the case of nityanund ghose v. kissen kishore w.r. 1864 act x ruling 82 applies only to squatters. in the case before us, the defendant was recorded as an intermediate tenure-holder, and, the entries from the ..... . reliance has been principally placed on behalf of the respondent upon the following passage from the judgment in nityanund ghose v. kissen kishore w.r. 1864 act x ruling 82: here it is a very usual thing for a man to squat on a piece of land or to take into cultivation an ..... through tenants. on behalf of the respondent it has been argued on the authority of the decision in nityanund ghose v. kissen kishore w.r. 1864 act x ruling 82 that the defendant was presumably a tenant under the plaintiff, that it is not proved that the defendant at any time set up ..... them under cultivation. according to the plaintiff, the defendant is one of such persons, and in 1898, in the course of settlement proceedings under the bengal tenancy act, it was discovered that the defendant was in occupation of some land without settlement from the plaintiff. the defendant was, however, described in the settlement .....Tag this Judgment!
Court : Kolkata
Reported in : (1883)ILR9Cal330
..... i have been able to trace on this subject is one of the bengal government dated 28th may 1864. it is published in the calcutta gazette of that year, page 1133 ..... . it says: 'for carrying out the provisions of acts viii and x of 1859, the officers employed in the civil administration of assam and chota-nagpore division ..... notification. there is no provision to that effect in act x of 1859, and in the subsequent act of 1863, referred to above, no such power was given to the lieutenant-govern or of bengal.14. for these reasons i am of opinion that act x of 1859 is not in force in the assam valley districts. as upon the other questions raised in this ..... the territories under the lieutenant-governor of the north-western provinces and bengal, this provision would not have been necessary. it is clear to me, therefore, that it was intended when it was passed to apply only to what are called regulation districts.13. then the next question is, whether this act has been, since 1859, extended to assam. the only notification that .....Tag this Judgment!
Court : Kolkata
Reported in : 85Ind.Cas.678
..... was raised, and decided as between the plaintiff's father and those manipuri defendants who were parties to the land acquisition proceedings, decided by the district judge of sylhet in his judgment ex. 5-a dated 26th august 1904. it is, therefore, res judicata as between the plaintiff and those defendants ..... . in 1903 some land of mouza patharkandy was acquired under the land acquisition act, claims to the compensation money were put forward by several of the manipuri defendants in the present suit but these claims were rejected and the ..... juarmal sold this property to raja girish chandra roy the father of the plaintiff. the plaintiff's father applied under the provisions of section 38 of act viii of 1869 for a measurement of the lands but these proceedings were dropped in consequence of objections taken by dinamani singh, defendant no. 148 ..... deposed and all the properties of the manipur state including the lands in suit were confiscated and became the property of the british government by an act of state. the british government; then placed chura chandra singh, a elinor on the throne of manipur and restored, to him the properties which ..... ii are not included in the claim of the present suit. the lands' of schedule iii were acquired by government under the land acquisition act. the land of schedule iv was the subject of the previous suit in which the plaintiff a father obtained a decree for khas possession-after .....Tag this Judgment!
Court : Kolkata
Reported in : 95Ind.Cas.726
..... , whether the proceedings taken by the municipality were legal and intra vires and, secondly, whether the alleged projections have been in existence from before the district improvement act, so as to render section 204 of the bengal municipal act inapplicable. on the first point the subordinate judge held that the action of the municipality had been illegal and ultra vires and that the order ..... may 1919 legal and valid?are the eaves in question in existence in the present condition for over 50 years? were the projections erected before the passing of the district improvement act of 1864?4. the trial court found that the notices bore the signature of the vice chairman and that it was clear from exs. f and f (1) that he had ..... presumption which the subordinate judge has drawn that the state of things proved by the plaintiffs witnesses, so far as their memory went, must have existed prior to 1864, when the district improvement act came into force.23. i do not think the finding can be said to be based upon no evidence as there are the statements of the witnesses referred to ..... that on the contrary the land belonged to the municipality.6. with regard to the question whether trio projections had been in existence from before the passing of the district improvement act of 1864 he held that the plaintiffs had failed to prove this fact. finally he held that the defendant municipality had done nothing in violation of the provisions of the municipal .....Tag this Judgment!