Court : Supreme Court of India
Reported in : AIR1966SC1931; 1966(0)BLJR997; 3SCR663
..... a division bench of the high court. it held that the validity of the lease of 1873 should be judged on the provisions of the bengal ghatwali lands act, 1859 (act v of 1859) and not on those of court of wards act, 1870, (act iv of 1870) and so judged the lease was void, as it was not executed by the court of wards as provided thereunder. it ..... appreciate the rival contentions it is necessary to consider the scope of the said two acts. the relevant provisions of the said acts may be extracted. 8. the bengal ghatwali lands act, 1859 (act v. of 1859). 9. section 1. ghatwals holding lands in the district of birbhoom under the provisions of the aforesaid regulation (the bengal ghatwali lands regulation, 1814) shall have the same power of granting leases for any period which ..... they deem most conducive to the improvement of their tenures as is allowed by law to the proprietors of other lands : provided that no lease of ghatwali lands for .....Tag this Judgment!
Court : Supreme Court of India
Reported in : [2007(113)FLR652]; [2008(1)JCR74(SC)]; JT2007(3)SC622; 2007(3)SCALE431; (2007)9SCC179; 2007(3)SLJ413(SC); 2007AIRSCW1950
..... deo and ors. : 3scr663 . in this case a comparative study of two acts i.e. the bengal ghatwali lands act, 1859 and the courts of wards act, 1870 were considered and their lordships observed that the act of 1859 namely the bengal ghatwali lands act, 1859 was a special act dealing with ghatwali lands. the court of wards act, 1870 was a general enactment. their lordships held that special statute will override the general ..... 43b, then persons belonging to the non-teaching category could be considered provided they possess necessary qualification.14. our attention was invited to a decision of this court in the bengal immunity company limited v. the state of bhiar and ors. : 2scr603 . in this case their lordships have clearly mentioned at page 791 as follows:it is ..... later law does not abrogate an earlier special one by mere implication. generalia specialibus non derogant, or in other words, ' where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislature indirectly repealed, ..... any word. it is only after reading the two provisions of the rules harmoniously the result can be achieved without any violence to any of the provisions of the act or rule. the object as already indicated above, was to provide promotional avenues to the non-teaching staff for the post of teacher provided they fulfil requisite qualifications. .....Tag this Judgment!
Court : Jharkhand
Reported in : [2006(3)JCR14(Jhr)]
..... that mehralli seikh had been granted lease of the disputed property by the then ghatwal of pathrol estate in 1900 which was approved by the commissioner under the provision of bengal ghatwali lands act, 1859. thereafter the said property passed to e.m. floyd and then to h.m. benzamin. these respondents have stated that the lease granted to floyd has got no legal force ..... , filed eviction suit no. 31/91 for eviction of bihar state food and civil supplies corporation which was decreed vide judgment dated 6.3.1993 and possession of the said land with marble house was delivered to these respondents. thus respondent nos. 8 and 9 came in possession of the property in question in 1988 and are continuing their possession.6 ..... settlement in favour of one e.m floyd by registered lease deed dated 15.11.1900 with right to construct house. the said raiyat e.m. floyd sold the said land to henry david bon-zamine on the same day which was subsequently purchased by respondent nos. 8 and 9 by virtue of a registered document. the petitioners, therefore, have no ..... and the deputy commissioner, deoghar alleged to have instructed the authorities to forcibly oust the petitioners from their residential house by deploying armed force.3. petitioners' case is that the land measuring 15 bighas 12 kathas and 5 dhurs situated in the district of deoghar and the building stating thereon known as marble house, was at one point of time, leased .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1978MP100; 1978CriLJ585; 1978MPLJ238
..... which bus stands had already been provided under the earlier municipal act'. (page 356-357). 'on the same principle it was held that a provision in the bengal ghatwali lands act, 1859, enabling the court of wards to grant leases of ghatwali lands in perpetuity for erection of dwelling houses and certain other ..... purposes was not affected by the court of wards act, 1870, which enacted that no lease in respect of land under the management of the ..... the learned advocate general that, upon the grounds set forth already, it was competent for the state legislature to enact the provisions of the madras children act (act iv of 1920) and that, having regard to the juxtaposition of section 1(2), cr. p. c. and section 6, cr. p. ..... offence whatsoever. hence, section 29-b does not take away the power of the state legislature to enact a measure like the madras children act (act iv of 1920). the power of the juvenile court to try all juvenile offenders for any offence, including murder, is therefore incontrovertible ..... ..... prior law be an express statute, or be the underlying common or customary law of the country. whether general words in a later act are capable ofreasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, that earlier and special legislation is .....Tag this Judgment!
Court : Orissa
Reported in : 1986(II)OLR470
..... singh (supra), the supreme court was dealing with the bengal ghatwali land act, 1859 and the court of wards act, 1870. it was held that the 1859 act was an earlier special statute and the 1870 act was a later general statute in relation to lease of land for erection of houses and relied upon interpretation of statutes ..... rules can operate only in areas not covered by any law validly made. in other words, they do not supplant the law of the land but supplement it... the rules of natural justice are not embodied rules. what particular rule of natural justice should apply to a given case ..... health, sanitation, roads and other fields, permissible to be covered under the municipal laws, but the provisions contained in section 255 of the said act are special provisions for dealing with a particular class of cases of a special character. those provisions will be a 'special law' with reference ..... to be an industrial estate and requisitioned by the state government'.'unauthorised occupation' has been defined in section 2(g) of the eviction act in these words :'the occupation by the person of the public premises without authority for such occupation and includes the continuance in occupation by ..... by maxwell which reads as follows :'a general later law does not abrogate an earlier special one by mere implication. generalia specialibus non derogant, or in other words,'where there are general words in a later act capable .....Tag this Judgment!
Court : Kolkata
Reported in : 46Ind.Cas.485
..... from chaukidari chakran lands in this respect.12. the case of mrittunjoy roy chowdhury v. kenatullah narya 5 c.l.j. 53 ..... the charans is that whatever may be its effect on the present law there is nothing in act x of 1859 or in bengal act viii of 1869 to prevent occupancy rights being acquired or enjoyed in ghatwali land. the charans, it is said, acquired such rights before the bengal tenancy act came into force and section 181 cannot operate to take away rights which had already been ..... acquired. on the contrary, if occupancy rights could be acquired under the acts of 1859 and 1869, section 181 would have no application to rights ..... can be acquired in land held under ghatwali tenure.'11. in ram kumar bhattacharjee v. ram newaj rajguru 31 c. 1021 : 8. c.w.n. 860 geidt and mookerjee, jj., held that rights of occupancy might be acquired in chaukidari chakran lands under section 6 of act x of 1859 and section 6 of bengal act viii of 1869. there seems no reason why ghatwali lands should be differentiated .....Tag this Judgment!
Court : Kolkata
Reported in : (1906)ILR33Cal630
francis w. maclean, k.c.i.e., c.j.1. the only question on this appeal is whether occupancy rights can be successfully acquired in ghatwali lands. 'there appears to be no very direct authority upon the point. the decision in the case of mohesh majhi v. pran krishna mandal (1904) 1 c.l.j. 138 is certainly against that view. i think that upon principle, having regard to the nature of ghatwali lands, the acquisition of occupancy rights in these lands is inconsistent with the incidents of such tenures; and this view gains support from section 181 of the bengal tenancy act, which seems to me to be inconsistent with the view of the acquisition of such rights in ghatwali lands. this conclusion seems to be in accordance with mr. justice mitra's view on the point expressed in the case cited, that any such right is not susceptible of acquisition in ghatwali lands.2. the appeal must therefore be allowed, the decree of the subordinate judge set aside and that of the munsif restored, the effect of which is that the suit is dismissed with costs in all the courts.Tag this Judgment!
Court : Privy Council
..... approval to the case just mentioned, and observed: "i think upon principle, having regard to the nature of ghatwali lands, the acquisition of occupancy rights in these lands is inconsistent with the incidents of such tenures, and this view gains support from s. 181, ban. ten. act, which seems to me to be inconsistent with the view of the acquisition of such rights in ..... lower appellate court and giving to the plaintiffs a decree for ejectment. the plaintiffs' case was that they were raiyats within the definition in the bengal tenancy act, 1885, that is to say, that the suit lands had been acquired by the original grantee for the purpose of cultivating them himself and that therefore their tenant the defendant was an under-raiyat and ..... v. ram newaj ((1904) 31 cal 1021=8 cwn 860.)and other cases that, as the bengal rent act 10 of 1859 and act 8 of 1869, which replaced it and was repealed by the present act, did not contain any provision, corresponding to s. 181 of the present act, there was nothing to prevent the acquisition of occupancy right by raiyats against tenure-holders holding ..... a service tenure while those acts were in force, and that occupancy rights so acquired were not affected .....Tag this Judgment!
Court : Mumbai
Reported in : (1915)17BOMLR449
..... condition that if the company should desire to take a putni lease of such portions of 84 1/4 villages as were treated in the ijara as ghatwali lands the raja would grant such a putni on certain terms. on 8th march 1885 this putni was granted. four years thereafter, viz., on 6th march 1889 ..... and that a change in the lessee or putnidar ought to be treated as a change in essentials. it may be added that a putni lease of land, an agreement of an important and wide reaching character might demand separate consideration, and point to a different conclusion when this essential was altered. questions might ..... , the affairs of the raja being deeply embarrassed his estate was placed under the protection of government by virtue of the chota nagpur encumbered estates act 1876.3. there were apparently considerable difficulties in arranging for the liquidation of the debt. after negotiations it was agreed that the remaining portions excluded from messrs ..... lease itself. this depends upon a construction, especially, of rule 16, which is in the following terms:-the power to lease under section 17 of the act shall be subject to the following provisions :-no lease shall be given for any term exceeding three years without the sanction of the deputy commissioner, or ..... shaw, j.1. this is an appeal from a judgment and decree of the high court of bengal, dated the 28th april 1910 affirming a judgment and decree of the subordinate judge of manbhum, dated the 25th november 1907, dismissing the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1988SC367; JT1987(4)SC520; 1987(2)SCALE1231; 1987Supp(1)SCC506; 1988(1)LC1(SC)
..... sale deed, on the face of it, effected a complete transfer of ownership in the suit property for consideration, in view of the provisions of the bengal money-lenders act, 1940, the court was bound to consider the surrounding circumstances in which the document was executed in order to find out whether the transaction in the ..... was really one of loan and the document of sale was to be excited voluntarily of even otherwise by the plaintiff merely to create security in the land and on the footing that on the same day the defendant would execute an agreement for reconveyance, it was not possible to believe that the plaintiff ..... reconveyance. the defendant, on the other hand, claimed that in 1961 he had spent rs. 6,000/- to build certain shop rooms on the plaintiff's land and he became a tenant in respect of two of these shops. the agreement according to the defendant was that this amount of rs. 6,000/- ..... were constructed by the defendant, that he was realizing rents from the tenants of the shop rooms, that certain construction which was made on the suit land was made by the defendant on his own account and that the suit transaction was not a loan transaction but was a transaction of a clear sale. ..... thereon to the defendant on the condition that the defendant would execute an agreement for reconveyance of the same. we propose to refer to the said land and the constructions thereon as the suit property. it was agreed that the defendant would adjust and set-off all the rent payable by him and .....Tag this Judgment!