Court : Supreme Court of India
Decided on : Nov-16-1960
Reported in : AIR1961SC343; 2SCR459
..... the specifications below is likely to be required for the above purpose. this notification is made under the provisions of section 4 read with section 17 of the land acquisition act, 1894, as amended by the land acquisition (punjab amendment) act, 1953, to all to whom it may concern and the collector shall cause public notice of the substance of this notification to be given at convenient places in ..... the co-operative society. but, the private benefit of a large number of industrial workers becomes public benefit within the meaning of the land acquisition act. in this connection, it may be mentioned that section 17 of the act was amended by the land acquisition (punjab amendment) act (ii of 1954) in these terms - '17(2)(b). whenever in the opinion of the collector it becomes necessary to acquire the ..... immediate possession of any land for the purpose of any library or educational institution or for the construction, extension or improvement of any building or .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-25-1960
Reported in : AIR1960Cal646,66CWN304
..... . state ot bombay, : air1959sc459 it was held that the object of the bombay tenancy and agricultural lands (amendment) act, 1956 was to do away with intermediaries and to establish direct relationship between the state and the tillers of the soil.19. in atma ram v. state of punjab, : air1959sc519 sinha j. (as he then was) states as follows, regarding the meaning of the words ..... . then, we have article 31a in which, clause 1 has now been substituted by the 4th amendment act, 1955. as it now stands, it is a further whittling down of the rights conferred by article 31(2). under this constitutional provision, no law providing lor the acquisition by the state of any estate or of any rights therein or the extinguishment or modification ..... . for the information of such interests i am giving below the correct position by citing an example. a. an intermediary within the meaning of section 2(1) of the estates acquisition act b. lessee c. sub-lessee d. sub-lessee actually working the mines. royalty payable by b to a will, from the date ot vesting be payable to government, royalty by ..... or shares in an estate are not within the sweep of the expression 'or any rights therein' .......''20. because of these reasons mr. das argues that the west bengal estates acquisition act was intended only to abolish the estate ot the intermediate owners between the state and the tillers of the soil. it is a measure of agrarian reform, and has nothing .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-28-1960
Reported in : AIR1963AP105
..... the way of the petitioners succeeding in the writ petition. article 31a which was amended by the constitution (fourth amendment) act, 1955, omitting the unnecessary portions, recites :'notwithstanding anything contained in article 13, no law providing for: (a) the acquisition by the state of any estate or of any rights therein or the extinguishment ..... that it abridges or takes away the right of the inamdar or the owner of the estate.6. it was ruled in atmaram v. state of punjab, : air1959sc519 that the provisions of article 31a of the constitution bearing on the interpretation of the word 'estate' or 'rights' have been deliberately made ..... the expression 'estate' shall in relation toany local area, have the same meaning as thatexpression or its local equivalent has in the existingjaw relating to land tenures in force in that area,and shall also include any jagir, inarn or muafi orother similar grant and in the states of madras andkerala any ..... payable to him in lieu of the extinguishment of his rights in the two-thirds share of such land. therefore, section 4(3) contains a provision for the payment of compensation in the form of a ryotwari patta for one-third of the inam ..... abolished does not amount to compensation. in our opinion, the assignment of a share in the inam abolished or allotment of a definite extent of land is as good a compensation as payment in cash. in fact section 4(3) speaks of the grant of patta to the inamdar as compensation .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-18-1960
Reported in : AIR1961P& H1
..... of 1960 which is now being impugned. section 2 of the amending act is in the following terms:''2. in the long title of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, (hereinafter referred to as the principal act), the words 'and for the assignment or reservation of land for common purposes of the village' shall be, and shall be deemed always to ..... decision was later approved by the supreme court in atma ram v. state of punjab, air 1959 sc 519. it is also clear that the act of banding over the management and possession of the land to the panchayat amounts to acquisition or modification of proprietary rights. it is clearly an acquisition by the state, because the definition of ''the state' as given in article ..... , undoubtedly, a local authority. mr. gujral made an attempt to show that the panchayat was a corporation and not a local body and that acquisition for the benefit of a corporation cannot be said to be acquisition by the state. the village panchayat, however, being a body which is under the control of government and not a commercial corporation, comes within the ..... completely transferred to the panchayat; the proprietors were, therefore, deprived of the use and management of the land and they had, therefore, no interest left in the land whatsoever.5. article 31a of the constitution saves laws which provide for, inter alia:''(a) the acquisition by the state of any estate or of any rights therein or the extinguishment or modification of any .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-10-1960
Reported in : AIR1960P& H341
..... august 1949 the government of india (third) amendment act, 1949, was enacted by which entry 31b was added in the concurrent list iii of the seventh schedule in the government of india act of 1935 as adapted. the entry which was inserted was to the following effect:--'custody, management and disposal of property (including agricultural land) declared by law to be evacuee property'.then ..... well settled and in accordance therewith, 'it could right be held that the legislation falls also under entry no. 18. but there being an entry no. 36 specifically dealing with acquisition, and in view of our conclusion as to the nature of the legislation, we hold that it falls under the entry'. that court has yet to bear another principle in ..... the instance of the custodian from time to time. in section 8(2) of the act of 1947 all sales etc., were to be set aside if the application was made within three months of the coming into force of the east punjab evacuees' (administration of property)(second amendment) ordinance, 1948, or the date of the sale etc., whichever was later. section 15 ..... to give a brief history of the evacuee legislation from the very beginning. the act of 1947 received the assent of the governor-general on 12th december, 1947 and was first published in the east punjab gazette extraordinary dated 13th december, 1947. by section 23 it repealed the east punjab evacuees (administration of property) ordinance, 1957.it was extended to delhi and remained .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1960
Reported in : AIR1960SC1080; 3SCR887
..... controlled by the state, it shall not be deemed to provide for the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property." clause (2) of art. 31 has been amended and cl. (2a) has been inserted in art. 31 by the constitution (fourth amendment) act, 1955. the said cl. (2) in its original form, i.e., before the ..... case (3) no longer holds the field after the constitution (fourth amendment) act, 1955. strong reliance is placed upon the observations of das, j. (as he ..... , the opera- tion of art. 19 was excluded. but there is no scope for drawing such an analogy after the constitution (fourth amendment) act, 1955, as thereafter they dealt with two different subjects: art. 31(2) and (2a) with acquisition and requisition and art. 31(1) with deprivation of property by authority of law. the decision of this court in bhanji munji's ..... the tenant. this law is, therefore, one pertaining to the land- tenure of the state. the second decision is that in atma ram v. state of punjab (1). there, this court was concerned with the provisions of the punjab security of land tenure act-(io of 1953) (as amended by act 11 of 1955). under that act, the substantive rights of a landowner were modified in three respects .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-28-1960
..... it is therefore necessary to examine the contention of the petitioner that the respondent % is not a workman within the meaning of the act. prior to the amending act of 1956, under the old definition of the word 'workman' it was held that a medical practitioner is not a workman. but ..... any such person enumerated in clause (i) to (iv) thereafter. this sub-section was substituted by section 3(g) of the industrial disputes (amendment and miscellaneous provisions) act, 1955, for the following original sub-section (s):(s) 'workman' means any person employed (including an apprentice) in any industry to do ..... service of the government.the substituted section adds to the category of 'workmen' supervisory and technical staff also. it is not disputed that the amended definition will govern the present case. the contention of the petitioner is that a medical doctor does not come within the definition of 'technical ..... of the tribunal is manifestly erroneous.22. a number of authorities were cited by sri choudhuri and particularly the case of punjab national bank, ltd. v. all india punjab national bank employees' federation 1959-ii l.l.j. 666, to show that if no inquiry is held then the ..... industrial tribunal who has been impleaded as respondent 1 to the present petition. on 22 may 1969 respondent 2 made an application under section 33a of the industrial disputes act, 1947 (hereinafter called 'the act'), before the industrial tribunal, assam, praying that the order of dismissal the set aside and that .....Tag this Judgment!