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Judgment Search Results Home > Cases Phrase: constitution of india constitution order 45 adaptation of the travancore cochin land acquisition laws order 1952 Page 1 of about 62 results (0.064 seconds)

Nov 12 1996 (HC)

Ramasamy Reddiar Vs. Angamuthu and anr.

Court : Chennai

Reported in : 1997(1)CTC247

..... ilr 45 bom. 1137, the patna high court in dhanmath v. kedarnath, ilr 13 pat. 411, the chief court of oudh in chandika v. bital, ilr 6 luck. 448; the rangun high court in muthukaruppau chettiar v. annamalai, ilr 11 rang. 275, the high court of travancore - cochin in kochu vared v. mariam, air 1952 ..... to article 137. the said conflict of opinion has come to be resolved by the supreme court in mahijibhai v. manibhai, : [1965]2scr436 . a constitution bench of the apex court held as follows:'with this background the legislature in passing the code of civil procedure, 1908, introduced section 144 therein. the said ..... this court. during the pendency of the appeal before this court and before the main appeal was finally disposed of on merits, by an interlocutory order, this court permitted the first respondent herein to withdraw one-third of the said amount and as a matter of fact, the first respondent - ..... to the circumstances towards all the parties concerned and the principle of the doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the suit who received the benefit of the erroneous decree to make restitution to the other party for ..... of the plaintiff. aggrieved, the above second appeal has been filed.6. the learned counsel for the appellant, while elaborating the substantial questions of law formulated for consideration at the time of admission, contended that the judgment and decree of the first appellate court in so far as it held that .....

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Feb 20 1991 (SC)

Bhavani Tea and Produce Co. Ltd. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : JT1991(1)SC503; 1991(1)KLT666(SC); 1991(1)SCALE319; (1991)2SCC463; [1991]1SCR550

..... act to unify and amend the law relating to the protection and management of forests in the state of kerala and it extended to the whole of the state of kerala. this act repealed the travancore-cochin forest act, 1951 (act iii of 1952) and the madras forest act, ..... regards these plots we are of the view that the scope of this court in this appeal under article 136 of the constitution of india is rather limited. both mr. krishnamurthy ayer for the company and mr. p.s. poti for the state have argued ..... by eucalyptus or teak growing spontaneously as in a jungle or a forest, would be outside the purview of acquisition under kerala land reforms act. in state of kerala and anr. v. nilgiri tea estates ltd. [1988] (supp) scc ..... total: 641.73 acres -------------- 12. both the company and the state of kerala have filed special leave petitions from the common order of the high court and arc given special leave.13. both the company and the state having claimed these plots under the provisions ..... of it ever having been planted, having forests almost on three sides, this plot may be taken to have vested in the state.45. plot nos. 37 & 38 have been claimed by the company as cardamom plantations. to the south of these plots there is ..... clause (15) of section 2 defined 'garden' to mean land used principally for growing cocoanut trees, arecanut trees or pepper vines, or any two or more of the same. as defined in clause (38) 'nilam' means land adapted for the cultivation of paddy. under clause (34) 'malabar' .....

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Nov 28 1991 (SC)

Revathinnal Balagopala Varma Vs. His Highness Shri Padmanabhadasa Bala ...

Court : Supreme Court of India

Reported in : JT1991(5)SC301; 1991(2)SCALE1142; 1993Supp(233)SCC1; [1991]Supp3SCR30

..... travancore-cochin. the suit was instituted by the appellant on the assertion that defendants 1 to 34 (respondent no. 1 being the defendant no. l in the suit) were members of the travancore royal family. this family according to the appellant was an undivided marumakkathayam tarwad governed by marumakkathayam law ..... recorded a categorical finding not only that no title deeds or any other documentary evidence to prove the source of acquisition of these properties had been produced on behalf of the appellant, even pw.1, the father of the appellant ..... made subject-matter of declaration of ceiling area under the kerala land reforms act, 1963. section 82 of the said act provides the extent of the land which is to constitute the ceiling area whereas section 83 provides that with effect from ..... from state properties) belonging to him immediately before the appointed day.(2) he shall furnish to the government of india in the ministry of states before the first day of september, 1949 as inventory of all immovable property, securities ..... . it was further held in this case relying on chinnathayi. alias veeralakshmi v. kulasekara pandiya naicker and anr. (1952) scr 251,that to establish that an impartible estate has ceased to be joint family property for purposes of succession it ..... , 1974 with certain observations. subsequently, two review petitions bearing nos. 45-46 of 1974 were filed which were disposed of on 17th march, 1976 by the following order:the order dated 29-3-1974 in c.a. no. 1358-59/69 .....

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Apr 28 1991 (SC)

Ujjam Bai. Vs. State of Uttar Pradesh.

Court : Supreme Court of India

Reported in : AIR1962SC1621; 1963(1)SCR778

..... law of taxation is also subject to the limitations prescribed in part iii of the constitution, and that recent decision of this court in k. t. moopil nair v. the state of kerala ((1961) 3 s.c.r. 77.) is relied on in support of it. there, the question was whether the provisions of the travancore-cochin land ..... to this court is misconceived and must fail."a similar decision was given in laxmanappa hanumantappa v. union of india ([1955] 1 s.c.r. 769, 772.). where an order of assessment made in november, 1953, was attacked in a petition under article 32 on the ground that the ..... even the doctrine of res judicata has been applied to such decisions. (see livingstone v. westminister corporation ([1904] 2 k.b. 109.); re birkenhead corporation ((1952) ch. 359.) re 56 denton road twickenham ([1953] ch. 51.) society of medical officers of health v. hope ([1959] 2 w.l.r. 377 ..... the basis of the licence, imported "lyra" brand crayons. the assistant collector of customs instead of assessing duty on them under item 45(a), assessed duty under item 45(4) of the indian customs tariff. on appeal the central board of revenue confirmed it. it was argued, inter alia, that ..... distinct from the exercise"of police power or eminent domain. our constitution evidently has also treated taxation as distinct from compulsory acquisition of property and has made independent provisition giving protection against taxation save by authority of law...... in our opinion, the protection against imposition and collection of taxes .....

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Sep 30 1965 (HC)

Manikant Lakamsey Nagda of Gadag and ors. Vs. State of Mysore and anr.

Court : Karnataka

Reported in : AIR1966Kant278; AIR1966Mys278; (1966)1MysLJ387

..... nair v. state of kerala, air 1961 sc. the facts therein were that the constitutionally of the travancore-cochin land tax act of 1955, as amended by the travancore-cochin land tax (amendment) act x of 1957 impugned. in the said act, a basic land of rs. 2/- per acre was levied on all irrespective of their productivity. ..... legal sanction prior to the constitution for the levy, assessment and recovery of land revenue. article 372 of the constitution provides for continuance in force of the existing laws and their adaptation. therefore, unless there is some provision in the constitution which makes the levy of assessment on land illegal, the law that previously existed will continue ..... to be laid, the rates at which it is to be charged in respect of different classes of goods and the like. (21) in western india theatres ltd. v. municipal corporation of the city of poona, : air1959sc586 the question for decision was concerned with a statute under which the respondent corporation ..... in possession of c.t.s. no. 3855/7/6b in gadag town measuring 1 acre 38 guntas and assessed to non-agricultural assessment at rs. 45-1-0. the petitioner in w.p. 1119/63 is the gadag mahalakshmi pressing and ginning co., ltd., which is located in c.t.s ..... act has been parker j in r. v. manchester legal committee 1952-2 q.b. 413 thus:'now it may be mentioned that the statute is not likely to provide in so many words that the authority passing the order is required to act judicially; that can only be inferred from the .....

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Sep 17 1971 (HC)

Sitaram Jaipuria and ors. Vs. Banwarilal Jaipuria

Court : Kolkata

Reported in : AIR1972Cal105,76CWN161

..... the business certificate. learned counsel for the respondents have relied on a decision of the supreme court reported in travancore-cochin chemicals (p) ltd. v. commr. of wealth-tax, kerala, : [1967]65itr651(sc) . there the supreme ..... of the act. then they proceeded to give in that letter particulars of the letter of intent, collaboration agreement, acquisition of lands, powers, import of machinery, application to the controller of capital issue, project report and loan application and substantial ..... may have nothing to do witheach other, even though their constitution or organs of control may be totally different. he said, 'this may bebad logic or poor law, but it is goodmonopolies and restrictive trade practices act.' therefore ..... by mr. s. c. sen which have been already dealt with by me in this judgment, he relied upon the decisions reported in, 1949 ac 398. : air1959all276 , : [1952]1scr1122 , air 1966 mys 154, : [1968]3scr706 , : air1952cal645 , : air1962cal127 , : air1966cal232 , : [1965]2scr720 , : air1955cal132 . mr. prabir sen relied upon ..... .69. the next contention of counsel for the resppndent was that the provisions in chapter viii comprising sections 45 to 53 which provide for penalty for contravention of section 22, did not bar a challenge by his ..... judge.26. in order to appreciate this point better, it will be necessary to refer to certain correspondence. on the 12th february, 1971 swadeshi polvtex ltd. wrote to the secretary to the government of india, company affairs, .....

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Apr 10 2008 (SC)

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... law is inadmissible and the report of commissioners is even more removed from value as evidence of intention, because it does not follow that their recommendations were accepted.the rule of grammatical construction has been accepted in india before and after independence. in the state of travancore- cochin and ors. v. bombay company ltd., alleppey air 1952 ..... him in a particular class. 112. minor p. rajendran v. state of madras and ors. : [1968]2scr786 is another constitution bench decision wherein the order of the state government providing reservation of seats for various categories of candidates namely scheduled tribes, scheduled castes and sebcs was challenged ..... as agricultural holding and hence, criteria at aabove under this category will apply. criteria specified in category vi belowwill apply.c. vacant land and/orbuildings, in urban areas or urban agglomerationsexplanation: building may be used for residential,industrial or commercial purpose and the like two or ..... article 19(1)(g), it cannot be said that it violates the basic structure of the constitution. if such a principle is accepted, our constitution would not be able to adapt itself to the changing conditions of a dynamic human society. therefore, the plea raised by the ..... are to be removed. yet the fact that there has been no exclusion raises a doubt about the real concern to remove inequality.45. the ultimate objective is to bring people to a particular level so that there can be equality of opportunity. in that context .....

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Dec 15 1970 (SC)

H.H. Maharajadhiraja Madhav Rao Jivaji Rao ScIndia Bahadur of Gwalior ...

Court : Supreme Court of India

Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9

..... administered areas; and 275 states were integrated in five unions of states, saurashtra, madhya bharat, rajasthan, pepsu and travancore-cochin. merger of the states with the provinces was achieved initially in name only, because the authority-executive, legislative and ..... india hi order to appreciate the setting in which these persons or their ancestors who were formerly rulers of territories in india were brought within the fold of the constitution. though not sovereign within the meaning of that expression in international law ..... expressed the view that 'paramountcy must remain paramount, it must fulfil its obligations, defining or adapting itself according to the shifting necessities of the time and the progressive development of the states'. this was ..... proprietary rights (estates, mahals, alienated lands) act, 1950 (madhya pradesh act 1 of 1951) meant to provide for the acquisition of the rights of proprietors in estates, mahals, alienated villages and alienated lands in madhya pradesh which was applicable ..... capacity to possess civil rights does not necessarily imply the capacity to exercise those rights oneself.45. thus a rule of international law formerly held the field that persons holding such rights are incapable of asserting them in the ..... . 474 case this court held that article 363 overrides all provisions of the constitution. in n.p. ponnuswami v. returning officer. namakal constituency and ors. [1952] s.c.r. 218. article 329 was construed to mean that the jurisdiction .....

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Sep 06 1955 (SC)

The Bengal Immunity Company Limited Vs. the State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1955SC661; [1955]2SCR603; [1955]6STC446(SC)

..... , (1) the state of bombay and another v. the united motors (india) ltd. and others : [1953]4scr1069 and (2) state of travancore-cochin and others v. shanmugha vilas cashew nut factory and others : [1954]1scr53 . the first of these cases was concerned with the constitutionally of the bombay sales tax act xxiv of 1952. the high court of bombay had declared the bombay sales tax ..... words 'who sells or supplies any goods'. the point to be noted is that the words 'in bihar' which occurred in the previous definition were omitted. in 1951 by the adaptation of laws order, a new section, section 33, was added, and that is as follows : '33. (1) notwithstanding anything contained in this act, - (a) a tax on the sale or purchase of ..... . the situs of an intangible concept like a sale can only be fixed notionally by the application of artificial rules invented either by judges as part of the judgment law of the land, or by some legislative authority. but as far as we know, no fixed rule of universal application has yet been definitely and finally evolved for determining this for all ..... in the course of inter-state trade or commerce. for this purpose the explanation can have no relevancy or application at all. 45. another argument adumbrated in the majority judgment in the state of bombay v. the united motors (india) ltd. (supra) at a p. 1086-1087 and elaborated before us is that just as the freedom of trade referred to in .....

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Feb 04 1993 (SC)

Raghunathrao Ganpatrao Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : JT1993(1)SC374; 1993(1)SCALE363; 1994Supp(1)SCC191

..... in varying stages of development and, with a few exceptions it was both personal and primitive. such states being mysore, baroda, travancore and cochin could stand comparison with their neighbouring provinces and in some respects were ahead of them. but there were smaller states where, owing ..... was abandoned by the dominion of india and by the states and surrendered to the peoples of the land who through their representatives in the constituent assembly hammered out for themselves a new constitution in which all were citizens in a new order having but one tie, and ..... limited purpose, it is desirable to separate the 'is' from the 'ought'. to i accomplish this no more would appear to be needed than simple those uses of the word 'law' by courts; which is akin to salmond's definition alluded to above. professor hart's concept, however, is of 'legal system', which is a continuing phenomenon.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... of which being in 1951 i.e. within 15 months of the working of the constitution.51. the first amendment was challenged in shankari prasad v. union of india : [1952]1scr89 but the supreme court unanimously upheld the validity of the amendment.52. a brief ..... india states to cease and privy purses to be abolished'. by the same amendment act, an amended new clause was substituted to the then existing clause (22). we have already reproduced articles 291, 362 and the past and present clause (22) of article 366.45 .....

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