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Judgment Search Results Home > Cases Phrase: bengal land revenue sales act 1859 Page 1 of about 9,382 results (0.174 seconds)

Sep 16 1965 (SC)

Harbhajan Singh Vs. Karam Singh and ors.

Court : Supreme Court of India

Reported in : AIR1966SC641; [1966]1SCR817

..... in baijnath ram goenka v. nand kumar singh 40 i.a. 54 in which a mahal was sold for arrears of revenue. two appeals to annual the sale were preferred to the commissioner under the bengal land revenue sales act, 1859, s. 33 as amended by the bengal land revenue sales act, 1868. one of these appeals was by the respondent, a co-sharer of the mahal, and was dismissed on the ground ..... that the auction purchaser had not been made a defendant. a second appeal was preferred by the other co-sharer in the mahal, and in this appeal the commissioner, on march 23, 1900, made an order annulling the sale ..... landlord and the appellant was a tenant. on may 1, 1956, respondent no. 1 gave a notice to the appellant under s. 14 of the bombay tenancy and agricultural lands act, 1948 [bombay act lxvii of 1948] terminating his tenancy. on december 25, 1956 respondent no. 1 gave another notice to the appellant under s. 31 terminating the tenancy. on july 10, 1957 ..... scheme for consolidation of holding was published on 29th march 1956. on 14th may 1956 that scheme was confirmed under s. 20 of the act. the consolidation officer accordingly re allotted parcels of land to the appellant and respondents nos. 1 and 8 in the village of bholpur. being dissatisfied with the allotment, respondents 1 and 8 preferred appeals under s. 21 .....

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Nov 18 1949 (PC)

Nrisinha Kumar Sinha Vs. Shyam Sundar Debanshi and anr.

Court : Kolkata

Reported in : AIR1950Cal196

..... contention we have to bear in mind the definition of an arrear of revenue as contained in section 2, bengal land revenue sales act ..... is attracted and a sale of the choukidari chakran lands cannot take place unless the collector proceeds to serve the notification mentioned in section 5, bengal land revenue sales act, 1859.19. in order to test this ..... , bengal land revenue sales act, 1859. there is no dispute that the notification under section 6, bengal land revenue sales act was published in the present case. mr. chatterjee ingeniously contends that the use of the words,'according to the provisions of such law as if such land was an estate within the meaning of the bengal land revenue sales act, 1868'makes all the provisions of the bengal land revenue sales act, 1859, applicable; in particular section 5, bengal land revenue sales act, 1859, .....

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Sep 06 1950 (HC)

Manindranath Dinda Vs. Amiya Pal Choudhury and ors.

Court : Kolkata

Reported in : AIR1951Cal361

..... 18.180. it may be pointed out at the outset that the bengal land revenue sales (west bengal amendment) act, 1950 (west bengal act vii [7] of 1950) came into force on 15-3-1950.181. this act was passed by the west bengal legislature. the act amended the central act, bengal land-revenue sales act, 1859 (xi [11] of 1859). mr. chakravarty abandoned the point made in his opening that the ..... act was ultra vires of the west bengal legislature. it is accordingly, not necessary to decide the point.182. section 4, west bengal act ..... on 7-3-1941 the assistant settlement officer submitted his report ex. c for the settlement of land revenue under section 104f, bengal tenancy act.150. the report stated that the revenue will be rs. 2873 or rs. 3352 against the existing revenue rs. 1157, according as the lessee accepts or does not accept the settlement unconditionally. the period ..... though executed one day before the expiry of the prior lease, was nevertheless valid. the court below also held that the revenue sale was not held contrary to the provisions of act xi [11] of 1859 and that the defaulter amiya pal chowdhury did not sustain any injury, much less substantial injury.24. both these findings were .....

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Aug 17 1962 (HC)

The Allahabad Bank Ltd. Vs. Subodh Gopal Bose

Court : Kolkata

Reported in : AIR1963Cal209

..... property which according to him appertains to touzi mo. 6 of the alipore collectorate, which touzi the plaintiff claims to have auction purchased in a revenue sale under the provisions of the bengal land revenue sales act, 1859 (act xi of 1859). 24. the defences were many in the court below with which we are not concerned now. the trial court decreed the suit in part viz ..... various other parties seeking to annul all tenures, as also other interests, which are not protected under any one of the exceptions detailed in section 37 of the bengal land revenue sales act 1859 (act xi of 1859). according to the plaintiff respondent, the defendant appellant was a trespasser in respect of that portion of the premises which fell within the touzi no. 6 and ..... , in mouza alipore in which tauzi no. 6 had 1 anna 3 gandas share. the disputed land as also other iands in matiza alipore were jointly owned by the proprietors of ..... collectorate in sixteen annas share at a revenue sale held on january 6, 1936. as such purchaser he acquired the lands included within the tauzi free from encumbrances with the fight to annul alt under-tenures which were not protected by the exceptions in section 37 of the bengal land revenue sales act, 1859 [act xi of 1859). the disputed property is land at premises no. 1 ronaldshay road .....

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Apr 24 1993 (SC)

State of West Bengal Vs. Sailendra Nath Sen

Court : Supreme Court of India

Reported in : AIR1993SC2146; JT1993(3)SC61; 1993(2)SCALE646; (1993)3SCC386; [1993]3SCR343

..... which took place on or after that day under any of those acts or that regulation shall be deemed to have been void and of ..... to be sold under act xi of 1859, cooch behar act v of 1897, bengal regulation viii of 1819 and act viii of 1885. on and from the 1st day of june, 1954, no estate, tenure or under-tenure shall be liable to be sold under the bengal land revenue sales act, 1859 or the cooch behar revenue sales act, 1897 or the bengal patni taluks regulations, 1819 or the bengal tenancy act, 1885, as ..... the case may be, and any sale ..... or holding, whether having the effect of a rent decree or money decree, or a certificate for such arrears signed under the bengal public demands recovery act, 1913, shall not be executed by the attachment and sale of any movable or immovable property other than the entire tenure or holding to which the decree or certificate relates:provided that the .....

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Jul 13 1953 (HC)

Balabhadra Misra Vs. Srimati Nirmala Sundari Devi and ors.

Court : Orissa

Reported in : AIR1954Ori23; 19(1953)CLT402

..... 3-42 and during this period of six months there was ample opportunity for the plaintiff to safeguard her interest in the property by depositing the arrear revenue as permitted by section 9, bengal land revenue sales act, 1859. instead of being vigilant to look after her own interests it appears that after her failure in the mutation case she became completely indifferent to the ..... property. her agent (p.w. 7) admitted that he made no enquiries in the 'touzi' office as to whether all the co-sharers of the 'touzi' had paid their arrear revenue and ..... the plaintiff by way of equitable relief. the suit was not brought for the purpose of annulling the revenue sale under section 33, bengal land revenue sales act (act 11 of 1859) and there was not even an allegation that there was any fraud in publishing and conducting the sale or else that the processes were fraudulently suppressed.it appears from the judgment of the trial court that ..... prevail. as is to be expected, the dispute was first fought in the mutation proceedings before the collector under the bengal land registration act.defendant 1, however, succeeded in getting his name mutated on 29-10-41. he paid his quota of the government revenue; but his co-sharers in the 'touzi' namely, the choudhuries (defendants 3 to 8) defaulted in payment .....

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Sep 14 1951 (HC)

Najib Mohammad and anr. Vs. Rahman Khan and ors.

Court : Orissa

Reported in : AIR1952Ori131

..... after hearing any objection which may be preferred, close the account.'this section gives the collector the power to close a separate account opened under the provisions of bengal land revenue sales act, 1859, or the land registration act, 1876. the provisions for the opening of a separate account in respect of a share in a touzi are meant to provide for the facility of payment ..... act, in respect of any estate does not represent existing facts, he may, after service of a notice on the recorded proprietor in the manner ..... the facts of this case. 20. section 74-a, land registration act, runs as follows: 'notwithstanding anything contained in the foregoing sections, if the collector becomes aware, otherwise than, after receipt of an application under section 72, that any separate account opened under section 10 or section 11 of the bengal land-revenue sales act, 1859, or under section 70 or section 72 of this ..... aware, otherwise than after receipt of an application under section 72, that any separate account opened under section 10 or section 11 of the bengal land revenue sales act of 1859 or under section 70 or section 72 of this act, in respect of any estate does not represent existing facts, he may, after service of notice on the recorded proprietor in the manner .....

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Aug 11 1943 (PC)

Choudhury Mohammad Manjural Haque and ors. Vs. Shebait of Sri Sri Iswa ...

Court : Kolkata

Reported in : AIR1945Cal202

..... uncommon to find such provisions in modern statutes, but none occurs in the bengal land revenue sales act, 1859 or in the bengal board of revenue act, 1913. the judicial officers' protection act, 1850 applies to collectors and other persons acting judicially. can it be said that the board of revenue was acting judicially in annulling the sale on the ground of hardship? the line between judicial and administrative functions is ..... collector's order of 7th april 1937 would revive, and it would be his statutory duty to proceed to give effect to it under section 14 and section 29, bengal land revenue sales act, 1859. the plaintiff was not able to seek further relief in his plaint for the simple reason that he needed no more. the annulling of the board's order would ..... function to decide whether it was judicial or administrative. following a like course here, what do we find? the function of annulling sales on the ground of hardship which is now embodied in section 26, bengal land revenue sales act, 1859, was vested from 1841 until 1914 in the local government, which can hardly be termed a judicial body. the function was obviously ..... behalf a money order of only rs. 3-14-3 on account of land revenue on 22nd september, so that there resulted an arrear of rs. 12-6-2. for the realisation of this arrear the separate account was put up to sale under section 13, bengal land revenue sales act, 1859 (act 11 of 1859) on 8th january 1937. as no bids were forthcoming, the collector, proceeding .....

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Jan 29 1943 (PC)

Chowdhury Mohammad Manjural Haque and ors. Vs. Sebait of Sri Sri Iswar ...

Court : Kolkata

Reported in : AIR1943Cal361

..... uncommon to find such provisions in modern statutes, but none occurs in the bengal land revenue sales act 1859, or in the bengal board of revenue act 1913. the judicial officers' protection act, 1850 applies to collectors and other persons acting judicially. can it be said that the board of revenue was acting judicially in annulling the sale on the ground of hard-ship. the line between judicial and administrative functions ..... collector's order of 7th april 1937, would revive and it would be his statutory duty to proceed to give effect to it under section 14 and section 29, bengal land revenue sales act, 1859. the plaintiff was not able to seek further relief in his plaint for the simple reason that he needed no more. the annulling of the board's order would ..... function to decide whether it was judicial or administrative. following a like course here, what do we find? the function of annulling sales on the ground of hardship which is now embodied in section 26, bengal land revenue sales act, 1859 was vested from 1841 until 1914 in the local government, which can hardly be termed a judicial body. the function was obviously regarded ..... behalf a money order of only ks. 3-14-3 on account of land revenue on 22nd september, so that there resulted an arrear of rs. 12-6-2. for the realisation of this arrear the separate account was put up to sale under section 13, bengal land revenue sales act, 1859 (act 11 of 1859) on 8th january 1937. as no bids were forthcoming, the collector, proceeding .....

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Dec 17 1953 (SC)

The State of West Bengal Vs. Subodh Gopal Bose and ors.

Court : Supreme Court of India

Reported in : AIR1954SC92; (1954)IMLJ314(SC); [1954]1SCR587

..... gopal bose purchased the entire touzi no. 341 recorded in the collectorate of the permanently settled district of 24-parganahs in west bengal. at the date of that sale the auction-purchasers at a revenue sale had, under section 37 of the bengal land revenue sales act, 1859, as it then stood, certain rights as therein mentioned. that section ran thus : '37. the purchaser of an entire estate in the ..... urban areas and particularly in calcutta and its suburbs where 'the present phenomenal increase in land values has supplied the necessary incentive to speculative purchasers in exploiting this provision (section 37) of the law for unwarranted large ..... the west bengal revenue sales (west bengal amendment) act, 1950, (hereinafter referred to as 'the amending act') was introduced in the west bengal legislative assembly on march 23, 1950. it would appear, according to the 'statement of objects and reasons' annexed to the bill, that great hardship was being caused to a large section of the people by the application of section 37 of the bengal land revenue sales act, 1859, in the .....

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