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Judgment Search Results Home > Cases Phrase: the kerala agrarian relations act 1960 Page 1 of about 260 results (0.035 seconds)

Dec 05 1961 (SC)

Purushothaman Nambudiri Vs. the State of Kerala

Court : Supreme Court of India

Reported in : AIR1962SC694; [1962]Supp1SCR753

..... 900 acres are classified in the land records of the state as pandaravaka verumpattom lands and the remaining are entered as puravaka lands. 48. while so the kerala legislature enacted the kerala agrarian relations act, 1960 (kerala act iv of 1961), providing for the acquisition of certain types of agricultural lands in the state beyond the specified maximum extents laid down in the statute and on ..... to costs. ayyangar, j.38. i regret i am unable to agree that art. 31a of the constitution saves the kerala agrarian relations act, 1960, from challenge under arts. 14, 19 and 31 of the constitution in so far as the said act relates to the pandaravaka lands of the petitioner. 39. before however dealing with this point i consider it proper to add ..... of the constitution and it seeks to challenge the validity of the kerala agrarian relations act, 1960 (act 4 of 1961) (hereafter called the act). the petitioner owns about 1,250 acres of land in the kerala state. these lands were originally situated within the erstwhile state of cochin which now forms part of the kerala state. out of the lands owned by the petitioner nearly 900 ..... said notification. that in brief is the nature of the reliefs claimed by the petitioner. 2. the kerala agrarian relations bill which has ultimately become the act was published in the government gazette of kerala on december 18, 1957, and was introduced in the kerala legislative assembly on december 21, 1957, by the communist government which was then in power. the bill .....

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May 04 1965 (SC)

Thayyil Mammo and anr. Vs. Kottiath Ramunni and ors.

Court : Supreme Court of India

Reported in : AIR1966SC337; 1965(0)KLT1196(SC)

..... ) of section 132 of the act provided that subject to the provisions of clause (ii), the kerala agrarian relations act, 1960 shall ..... protection from eviction under the kerala agrarian relations act.4. on december 5, 1961, this court struck down a portion of the kerala agrarian relations act, 1960 as unconstitutional. later, in november, 1962, the kerala high court struck down several other provisions of the act as unconstitutional. during the pendency of this appeal, the kerala land reforms act, 1963 (act 1 of 1964) came into force. this act repealed the kerala agrarian relations act, 1960, and sub-section (4) (iii ..... appellants expressly conceded that ex. a-3 was a kanom within the meaning of the kerala agrarian relations act, 1960. the definition of kanom in section 2 (22) of the kerala land reforms act, 1963 is for all practical purposes the same as the definition of kanom in section 2 (18) of the kerala agrarian relations act, 1960. having regard to the admissions made by the appellants in the high court, it .....

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Sep 27 2006 (HC)

Balan Vs. State of Kerala

Court : Kerala

Reported in : 2006(4)KLT229

..... which introduced two revolutionary concepts, one on the ceiling on holdings by the landlord and the other on the right of the cultivating tenant. the predecessor piece of legislation-the kerala agrarian relations act, 1960 and the present act have been subject matter of several litigations before various courts leading to celebrated decisions on many constitutional aspects. kesavananda v. state of ..... think fit:provided that the taluk land board shall not reopen any such case after the expiry of three years from the date of coming into force of the kerala land reforms (amendment') act, 1989. (the amendment came into force on 30.5.1989).4. in the judgment dated 5.10.1993 in w.a. 1629/92, a division bench of this ..... orderkurian joseph, j.1. whether it is necessary to pass final orders in the matter of reopening of a case under section 85(9a) of the kerala land reforms act, 1963 (hereinafter referred to as 'the act') in exercise of the power conferred on the taluk land board under section 85(9a), within a period of three years is the issue to be considered ..... kerala : air1973sc1461 is one such decision. whether the legislation fully achieved the laudable objects is a matter of history. but the iron-will of the legislature in implementing the law in letter and spirit is seen reflected in various amendments to the parent act. section 85(9) of the act is one such provision introduced in the .....

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Feb 21 1963 (HC)

Chembakave Vadakkekkara Lakshmi and ors. Vs. Nellisseri Gramam Narayan ...

Court : Kerala

Reported in : AIR1963Ker330

..... for consideration in this writ petition is as to the effect of the striking down, as unconstitutional by this court of the kerala agrarian relations act, 1960, kerala act 4 of 1961, on the repeal, effected by this statute, of the malabar tenancy act, 1929, madras act 14 of 1930, as amended from time to time. that depends upon the construction to be placed on article 13(2) ..... of the nilgiris district because that area does not form part of the kerala state.3. this act was admittedly in force in the areas forming part of the kerala state to which it was applicable, till the passing by the state legislature, of the kerala agrarian relations act, 1960, kerala act 4 of 1961. this act received the assent of the president on 21-1-1961 and was published ..... in the state gazette dated 3-2-1961. the preamble to this statute was to the effect that it was expedient to enact a comprehensive legislation relating to agrarian reforms in the state of kerala. under section 1 (2), ..... the manner raised by them.15. therefore, i will, for the present, confine myself only to the legal effect of the striking down by this court of the kerala agrarian relations act, 1959, act 4 of 1961, as unconstitutional, as it infringes the fundamental rights guaranteed under articles 14, 19(1)(f) and (g) and 31 of the constitution.16. before i proceed .....

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Apr 28 1972 (SC)

The Malankara Rubber and Produce Co. and ors., Etc., Etc. Vs. the Stat ...

Court : Supreme Court of India

Reported in : AIR1972SC2027; 1972(0)KLT411(SC); (1972)2SCC492; [1973]1SCR399

..... in december 1957 and was passed by it in june 1969. ultimately, after some modification, it received the assent of the president in january 1961 and was intituled the kerala agrarian relations act, 1960. its object was to provide for acquisition of certain types of agricultural lands in the state beyond the specific maximum extents laid down in the statute. it was attacked on ..... right of permanent occupation subject to payment of fair rent.(c) protection of kudlikidappukars always formed an important part of legislation which has the objective of tenancy reform. the kerala agrarian relations act (4 of 1961) took within its compass certain provisions intended for the protection of kudikidappukars as an integral part of a scheme of ..... most of these plantations will be decimated to support landless or near landless persons cannot be upheld on the ground of agrarian reform. it was argued that the state of kerala taxes all plantations alike under act 17 of 1960. further, plantations labour act 69 of 1951 treats all plantations as industries. sub-division of plantations into two groups one of which is exempted ..... was no reason to make a discrimination thereof from plantations like tea, coffee etc. he referred us to the definition of 'plantation' in section 2(6) of the kerala plantations (additional tax) act of 1960 under which plantation meant land used for growing one or more of the following, namely, cocoanut trees, arecanut trees, rubber plants, coffee plants, tea plants, cardamom plants .....

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Nov 05 1962 (HC)

Sukapuram Sabhayogam Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1963Ker101

..... respondent state, advocate's fee fixed in the sum of rs. 150/-.m.s. menon, c. j.82. i agree.83. the petitioner challenges the validity of the kerala agrarian relations act, 1960. the lands in respect of which the challenge is delivered are in that portion of this state which was in the malabar district of the madras state prior to the ..... enacted as a comprehensive measure of legislation relating to agrarian reforms in the state, and the lands situated in the erstwhile malabar district constitute an 'estate' ..... as ryotwari lands in the revenue records and the petitioner sabhayogam is registered as a ryotwari pattadar in respect of these lands. therefore, the petitioner claims that the kerala agrarian relations act is not applicable to these lands. the petitioner further avers that these lands were subjected to settlement and resettlement as ryotwari lands and as such are outside the scope ..... that the kerala agrarian relations bill passed by the kerala legislature has lapsed with the dissolution of the assembly on 3rst july 1959, and in this connection they rely on the decision of their lordships of the supreme court reported in purushothaman nambudiri v. state of kerala, 1962 (1) ker lr 1 : (air 1962 sc 694).the state claims that the agrarian relations act, 1960 has been .....

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Jul 02 2015 (SC)

Nk Rajendra Mohan Vs. Thirvamadi Rubber Co. Ltd and Ors

Court : Supreme Court of India

..... into service on behalf of the respondent-company.23. in karimbil kunhikoman (supra), a constitution bench of this court was seized with the impugnment of the vires of the kerala agrarian relations act 1960 (for short act 1960) on the following counts to be violative of articles 14, 19 and 31 of the constitution of india. the bill which became the ..... (3) being not of relevance are not being adverted to.14. the legislative backdrop of the act 1963 portrays, that it was amongst others preceded by the kerala agrarian relations act 1960 (hereinafter referred to as act 1960) which sought to introduce comprehensive land reforms in the state of kerala and did receive the assent of the president on 21.1.1961. the statement of objects and ..... or an officer of the government as contained under section 125 and the repeal amongst others of the malabar tenancy act 1929 and kerala agrarian relations act 1960 vide section 132 deserve a passing reference to complete the fringe survey of the legislative scheme of act 1963.17. the lease deed exh. a1 the fundamental instrument having a decisive bearing on the course of the ..... others of clause (v) and (ix) of section 3 (1) and section 2 of the malabar tenancy act 1929 dealing with exemption and section 3 (1) (viii), of the kerala agrarian relations act 1960 enunciated that the legislature did consciously, as a matter of policy, in relation to the grant of exemption for plantations, restrict the scope thereof. the high court in categorical terms referred .....

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Apr 26 1972 (SC)

Kunjukutty Sahib, Etc., Etc. Vs. the State of Kerala and anr.

Court : Supreme Court of India

Reported in : AIR1972SC2097; 1972(0)KLT353(SC); (1972)2SCC364; [1973]1SCR326

..... the case may be.(9) notwithstanding anything contained in this section a tenant who has paid the amount as provided in section 34 of the kerala agrarian relations act, 1960, or in section 5 of the kerala ryotwari tenants and kudikidappukars protection act, 1962, for the discharge of arrears of rent outstanding on the 11th day of april, 1957, or the arrears of rent accrued due after ..... land in excess of the ceiling area between the 18th december, 1957 (the date of publication of the kerala agrarian relations bill) and the date of the publication of the kerala land reforms bill, 1963 (here we think that ceiling means the ceiling area under the act, for it does not appear there was any ceiling area during the period in question) is to be ..... that extinguishment or modification of landlord's rights vis-a-vis the tenant would also be within the ambit of article 31-a of the constitution if otherwise it is' related to agrarian reforms. section 72 is accordingly not liable to be struck down on this ground.25. with the foregoing observations these three appeals are also dismissed; but without any order ..... separate judgment upheld the validity of section 73 but on all other points he agreed with the majority.2. it may at the outset be pointed out that the kerala land reforms act, 1963 (act no. 1 of 1964) as originally enacted was specified in the ninth schedule to the constitution (item no. 39 in that schedule) and is, therefore, immune from constitutional .....

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Apr 09 1970 (HC)

Manattillath Krishnan Thangal and ors. Vs. the State of Kerala, Repres ...

Court : Kerala

Reported in : AIR1971Ker65

..... than 10 acres he need pay only three years' rent. the kerala agrarian relations act, 1960 (act 4 of 1961) was passed before the land tax act, 1961. the inclusion of the two acts namely the kerala land tax act. 1961, and the kerala land reforms act, 1962 (act 1 of 1964) in the ninth schedule is by the constitution (seventeenth) amendment act. the legislature was therefore aware of the restriction on the right ..... the landlord from claiming back the property leased but prevented him from claiming the rent accrued due before the commencement of the kerala stay of eviction proceedings ordinance, 1957. the life of the act which was temporary one was extended from time to time. the. kerala agrarian relations act, 1960 even affected the quantum of rent payable under the contract between the parties. section 34 of the ..... act provided for the discharge of arrears of rent outstanding on 11th of april 1957 by payment of one year's rent or two .....

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Jun 12 1981 (HC)

Velayudhan and ors. Vs. Aishabi and ors.

Court : Kerala

Reported in : AIR1981Ker185

..... 2 (25) of the kerala land reforms act, 1963 as originally enacted, despite the fact that what is required thereunder to avail of the explanation is 'occupation of the kudikidappu' as on 11 ..... within the meaning of the word kudikidappukaran even though the permission given has been withdrawn.10. explanation ii to section 2 (20) denning kudikidappukaran in the kerala agrarian relations act, 1960 repealed by section 132 of the k.l.r. act reads:--'explanation ii. any person who was in occupation of a kudikidappu on the llth day of april, 1957, and who continued to be in ..... the k. l. r. act, before the same was re-cast by section 2 of the k.l.r. (amendment) act, 1969, was identically worded as explanation ii in the 1960 act, which we have extracted above.11. the same (what we said in para 9) could, perhaps, be said of explanation ii to section 2 (20) of the kerala agrarian relations act, 1960 and explanation ii to section ..... object of section 4 (2) in the travancore act, 1124, section 4 (2) in the t. c. act, 1955 and of explanation i to section 2 (3) of the kerala stay of eviction proceeding act, 1957 as amended by the kerala stay of eviction proceedings (amendment) act, 1958. beginning with explanation ii to section 2 (20) in the agrarian relations act, 1961 the object of the legislature was to .....

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