Court : Privy Council
..... trial judge. the findings of the chief court were challenged on behalf of the appellant on the following grounds: (1) that the law of pre-emption contained in ch. 2 of part 3, oudh laws act 1876, does not apply to the sale of such a mahal or a talukdari mahal; (2) that if the plaintiffs had any right ..... of pre-emption, such right extended to the whole talukdari mahal the subject of the sale, and could not be exercised over part of the mahal; (3) that the ..... over the superior rights. the claims in both suits were made under the oudh laws act of 1876, and the decision upon the above-mentioned points must depend upon the proper construction to be placed on the relevant sections of that act. part 3, ch. 2 of the act, relates to pre-emption, and it is necessary to refer to the ..... plaintiff was not, by reason that he had under-proprietary right in the mahal, a member of the village community within the meaning of cl. (3), s. 9, oudh laws act, 1876, so as to entitle him to pre-emption in respect of the land in suit. he took the same view of the sections as mr. young ..... made to the high court of judicature, n.w.p., stanley, c.j., blair and burkitt, jj., held that under the said class (3), s. 9, oudh laws act, 1876, a person holding an under-proprietary interest in a portion of a mahal sold by the court of wards on behalf of the proprietor of the mahal .....Tag this Judgment!
Court : Chennai
Reported in : (1901)11MLJ227
..... by the rules of the transfer of property act as to gifts. in other parts of india rules of mahomedan law, though not made applicable by legislation ..... acts of many provinces, the mahomedan law of gifts is specifically declared to be applicable in those provinces as between mahomedans (e. g., central provinces, section 5, act xx of 1875, punjab, section 5, act xii of 1878, oudh section 3, act xviii of 1876). in those provinces the mahomedan law as ..... to gifts applies by virtue of the civil courts acts and is not affected ..... , it shall not be affected by anything in this chapter it will continue to be administered as law by the courts just as if this chapter was not enacted. in considering this section of the transfer of property act and, also in considering the case law of other parts of india, it is necessary to bear in mind that in the civil courts .....Tag this Judgment!
Court : Chennai
Reported in : (1901)ILR24Mad513
..... by the rules of the transfer of property act as to gifts. in other parts of india rules of muhammadan law, though not made applicable by legislation ..... acts of many provinces the muhammadan law of gifts is specifically declared to be applicable in those provinces as between muhammadans (e.g., central provinces, section 5, act xx of 1875; punjab, section 5, act xii of 1878; oudh, section 3, act xviii of 1876). in those provinces the muhammadan law as ..... to gifts applies by virtue of the civil courts acts and is not affected ..... , it shall not be affected by anything in this chapter. it will continue to be administered as law by the courts just as if this chapter was not enacted. in considering this section of the transfer of property act and also in considering the case law of other parts of india it is necessary to bear in mind that in the civil courts .....Tag this Judgment!
Court : Mumbai
Reported in : (1916)18BOMLR1037
..... it necessary to express any opinion on these points and, therefore, abstain from doing so. by the third section of the oudh laws act (xviii of 1876) it is enacted that between mahomedans the mahomedan law is to be applied to the many important matters therein enumerated, including amongst others, ' wills, legacies, and gifts.' the ..... advise his majesty accordingly.52. their lordships, however, do not think that they can, consistently with their duty as members of this appellate tribunal part with this case without making a few observations on some remarkable features of the litigation out of which the appeals have arisen. first, as to the ..... be a minor or under disability, the guardian or other person who shall have charge of the property, shall give the notice, and by 3.64 a fine is imposed on any person neglecting for three months to give the notice prescribed by section 61-24. these are the administrative ..... in both appeals agree in stating that the principal questions for decision are (i) whether this trust indenture of the 5th february, 1895, duly executed 3 by the deceased nawab and registered, was a valid disposition of the properties therein comprised, and, if so, whether the above-mentioned mortgages, so far ..... appeal, to secure the repayment of 20,000 rupees admittedly advanced by the mortgagee to this lady, with interest at one per cent, per mensem.3. the second of these suits, namely, that numbered 51 of 1908, the appeal in which is numbered 134 of 1913, was instituted by the .....Tag this Judgment!
Court : Mumbai
Reported in : (1910)12BOMLR508
..... macnaghten, j.1. this appeal is concerned with a claim to pre-emption under the oudh laws act, 1876, in respect of three entire villages and two pattis or portions of two other villages forming part of a taluqa called saraura.2. by section 9 of the act the right of pre-emption where it exists is given on the occasion of a sale.1st, to co ..... the taluqa is made up.9. their lordships think that the meaning which mr. chamier has attributed to the term ' mahal' is the proper meaning of the word in the oudh laws act, 1876, and that although gajadhar and ganesh may have been jointly liable to the taluqdar for the government revenue plus malikana, as the rent of the villages and pattis assigned to ..... the second clause was one he thought of greater difficulty. the word ' mahal' he observes is not defined in the act, but he goes on to say :-the word is a term of the revenue law and as the oudh laws act, 1876, and the oudh land revenue act were passed on the same day and refer to each other it is permissible to refer to the latter ..... the proprietor. and the section adds this provision:where two or more persons are equally entitled to such right the person to exercise the same shall be determined by lot.3. there were three brothers, sons of one basti singh, whose names were baldeo bakhsh, balwant singh, and uman parshad -baldeo bakhsh died leaving one son, bisheshar bakhsh- balwant died leaving .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2000SC878; JT2000(1)SC555; 2000(1)SCALE435; (2000)2SCC572; 1SCR673
..... , and (2) resumption of rent-free grants. this ex-proprietary right was apart from ex-proprietor's right of occupancy recognised by section 5 of the oudh rent act, 1886, and section 25 of the oudh laws act.these acts and amendments, though beneficial in their effect, failed to meet the changed economic conditions that grew up with the increase in population, the development of agriculture ..... .e. a composite province consisting of the province of agra and the province of oudh. although since the introduction of the u. p. land revenue act they had a uniform system of revenue law, but the law of tenancy till the introduction of the u. p. tenancy act xvii of 1939 was absolutely different.the province of agra was previously known as the north-western ..... home to the government, the necessity of sympathetic amendments in the rent law. it was, therefore, 'to improve relations between landlords and tenants in oudh and specially to give the latter greater security of tenure at a fair rental' that the oudh rent (amendment) act iv of 1921 was enacted.this act had repercussions in the province of agra. there the kisan movement gained momentum ..... part by act vii of 1870, and on minor points was amended by acts xxxii of 1871, xviii of 1876, xiv of 1878 and xiv of 1882. it was in the year 1886, that act xxii of 1886 was passed, which brought some substantial relief to tenants. the changes brought about by this act were: (1) statutory rights of tenants, (2) limit of enhancement of rent, (3 .....Tag this Judgment!
Court : Uttaranchal
Reported in : AIR2007Utr87
..... -holders and tenants, and culminated in the passing of the first rent act for oudh in 1868 (act 19 of 1868). this act was soon after repealed in part by act 7 of 1870, and on minor points was amended by acts 32 of 1871, 18 of 1876, 14 of 1878 and 14 of 1882. it was in the year ..... of vesting), all such estates shall stand transferred to and vest, except as hereinafter provided, in the state free from all encumbrances.(2) it shall be lawful for the state government, if it so considers necessary, to issue, from time to time, the notification referred to in sub-section (1) in respect only ..... of enhancement of rent (3) restrictions on ejectment and (4) the tenant's right of improvement. there were minor amendments by acts 20 of 1890 and 12 of 1891 but they did not change the principle on which the original act was framed. the amending act 4 of 1901 opened two new chapters in the rent law, viz. (1) ..... that, it shall be lawful for the state government to make the declaration aforesaid either in respect of all or any of the things mentioned in clauses (i) to (vi) and in so doing, make such exceptions or impose such conditions as it may specify in the notification.(2) ***(3) where anything of the ..... 3 in the suits, but it has not contested the suits.19. we have also gone through the judgment of the hon'ble apex court in the case of u.p. state sugar corporation ltd. (supra) and find that the facts of that case are squarely covered with the facts of the case in hand. therefore, in view of the law .....Tag this Judgment!
Court : Allahabad
Reported in : (1902)ILR24All420
..... to enforce a right of pre-emption, the plaintiff claiming such right as being a person entitled to preempt under the provisions of the oudh laws act, 1876 (act no. xviii of 1876).3. the property to which the suit relates is a mahal called patti sabal shah, and was sold by the deputy commissioner of gonda, ..... is particularly obscure, and it is by no means easy to place an interpretation upon it with any degree of confidence. chapter vi of the oudh laws act, 1876, deals with pre-emption. in section 7 it is provided that in the absence of any custom on contract to the contrary the right ..... communities 'however constituted, and whether proprietary or under-proprietary;' that is, i take it, village communities consisting of proprietors or under-proprietors or partly of proprietors and partly of under-proprietors. the words 'however constituted' are words of wide meaning and must not be lost sight of. reading then the words ' ..... be presumed to belong to every member of the village community, whether that community consists of proprietors or of under-proprietors or partly of both. it follows, therefore, in this case that the appellant being an under-proprietor is a member of the village community.18. there ..... remains the second part of the question put to us, namely, has the appellant 'as such' (that is as a member of the village community) a 'fright of pre-emption under clause 3, section 9 of act xviii of 1876? 'if the interpretation i have put on section .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1936All732
..... very strongly on the recent pronouncement of their lordships of the privy council in birendra bikram singh v. brija mohan panda 1934 alj 732. that was a case under the oudh laws act of 1876. there a single mahal of taluqdari consisted of 163 villages and was sold as one property for a large sum of five lacks and 40 thousand rupees. the pre ..... given through the court within the local limits of whose jurisdiction the property or any part thereof was situated. under section 14, agra pre-emption act, however sending of the notice is by no means obligatory but is purely discretionary. it is also a fact that in the oudh laws act there is no special section like section 16 embodying the rule of partial pre ..... that particular case the mahomedan law has remained untouched and has not been abrogated. the position is similar to the reservation in regard to other rights ..... -emptor are both muhammadans. it follows that the mahomedan law has not been taken away by section 3 in the case where there is no right of pre-emption under section 5 and the vendor and the pre-emptor are both muhammadans. the proviso must be read as part and parcel of section 3 and the effect of the whole section is that in .....Tag this Judgment!
Court : Allahabad
Reported in : 2007(1)AWC274
..... set aside as the same is in violation of principles of natural justice.4. the dismissal of a village or road-policeman is provided for under section 36 of the oudh laws act, 1876, which is quoted hereinbelow:dismissal of village or road-policeman.- the magistrate of the district may dismiss any village-policeman or road-policeman for any misconduct or neglect of ..... appointed as a chaukidar under the provisions of regulation 96 of the u.p. police regulations, read with the provisions of n.w.i. village and road police act, 1873 and the oudh laws act, 1876. by the impugned order dated 3rd june, 2006 the services of the petitioner have been terminated by the district magistrate, lalitpur with immediate effect on the basis of ..... some recommendations having been made by the superintendent of police, lalitpur.3. the petitioner contends that the aforesaid order has been passed without offering opportunity of hearing to the ..... the respondent has been unable to point out any recital in the said order, which could justify the aforesaid action of the district magistrate. accordingly, the impugned order dated 3.6.2006 is unsustainable being in violation of principles of natural justice and is hereby set aside. the district magistrate, lalitpur shall provide an opportunity of hearing to the petitioner .....Tag this Judgment!