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Judgment Search Results Home > Cases Phrase: the land acquisition punjab amendment act 1969 Year: 1961 Page 1 of about 3 results (0.081 seconds)

May 26 1961 (HC)

Jaishi Ram Goel and ors. Vs. State of Punjab, Through Secretary, Indus ...

Court : Punjab and Haryana

Decided on : May-26-1961

Reported in : AIR1962P& H177

..... not a very illuminating one. however, it is stated that the land was being acquired for public purpose at public expense, the compensation for which would be paid from ..... being done by circumventing the entire provisions contained in part vii of the act which alone were applicable in this case. the part of the notification directing that the provisions of section 50a shall not apply as also the exercise of powers under section 17 as amended by the land acquisition (punjab amendment) act, 1953, have been challengedthe written statement filed on behalf of the state is ..... by the present petition under article 226 of the constitution they have challenged the acquisition proceedings relating to the aforesaid land.(2) a notification dated 16th february 1961 was issued by the punjab government under section 4 of the land acquisition act, 1894 (hereinafter called the act), wherein it was stated that the land in question was likely to be required by the government at public expense for .....

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Feb 02 1961 (SC)

Satinder Singh and ors. Vs. Amrao Singh and ors.

Court : Supreme Court of India

Decided on : Feb-02-1961

Reported in : AIR1961SC908; [1961]3SCR676

..... equitable apportionment which had been recognised by s. 32 of the land acquisition act of 1894 has in effect been added by this amending act. 4. in 1953 the punjab requisitioning and acquisition of immovable property act, 1953 (xi of 1953), came into force. section 24 of this act repeals the to earlier acts of 1948 and 1951, and after this act came into force it was the provisions of this ..... sub-s. (1) of s. 23 of the land acquisition act, 1894 (i of 1894) so far as the same can be made applicable. 3. this act as followed by the punjab requisitioning of immovable property (amendment and validation) act, 1951 (president's act no. 2 of 1951). by s. 5 of this act s. 5 of the earlier act was amended, inter alia, by adding one provision. this provision provides ..... act that governed the proceedings relating to the requisitioning and acquisition of immovable properties in punjab. the equitable principle .....

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Nov 10 1961 (HC)

Jagat Singh Didar Singh and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Nov-10-1961

Reported in : AIR1962P& H221

..... in the matter of holding melas in the lands which had vested in the state government under section 3 of the bihar land reforms act.the amending act made it clear that the right to hold these melas vested in the state and not in the former intermediaries. the punjab act, which has been impugned before us, does ..... (air 1952 s c 252), their lordships came to the following conclusion:--'it is quite clear that after its amendment the legislative list permits the state legislature to enact a law of acquisition even without a public purpose; and that the only obstacle to such a law being enacted without a public purpose ..... is that the law is saved by the provisions of article 31a(1)(a) inasmuch as the act of setting aside this land is nothing more than acquisition by the state of an estate and such acquisition is not hit by the provisions of article 81 and the law under which this can be done ..... of the report it has been observed--'it is, therefore manifest that the said article deals with a tenure called 'estate' and provides for its acquisition or the extinguishment or modification of the rights of the landholder or the various subordinate tenure-holders in respect of their rights in relation to the estate ..... the bill. in the present case we find that there is nothing whatever in the wording of article 31a(1)(a) to warrant the suggestion that acquisition must be only for the purpose of promoting agrarian reform. the word 'agrarian reform' nowhere occurs in the article. when a promoter of a bill .....

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May 01 1961 (SC)

The State of Punjab Vs. Nathu Ram

Court : Supreme Court of India

Decided on : May-01-1961

Reported in : AIR1962SC89; [1962]2SCR636

..... under the defence of india act, 1939 (xxxv of 1939). labhu ram and nathu ram, brothers, refused to accept the compensation offered to them by the collector and applied to the punjab government, through the collector, under r. 6 of the punjab land acquisition (defence of india) rules, 1943, hereinafter called the rules, as amended by the notification of the punjab government no. 1444-hm ..... -44/19124, dated 10th march, 1944, and published in the punjab gazette, part i, dated 17th march, 1944 (home department ..... ram will not make infructuous the appeal against nathu ram. 13. the respondent urges that the punjab land acquisition (defence of india) rules, do not contemplate separate applications by the persons interested in the compensation on account of the acquisition of a particular parcel of land. 14. the arbitrator did not agree to deal with the claims of labhu ram and nathu ..... he however held that the expression 'a person interested' in r. 3, included all persons claiming an interest in the compensation to be paid on account of the acquisition of the land and that r. 18 permitted the joinder of applications for joint enquiry when each case rested on the same and similar basis and each of the applications included .....

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Feb 04 1961 (HC)

Mohindar Singh and anr. Vs. Balak Ram and anr.

Court : Himachal Pradesh

Decided on : Feb-04-1961

Reported in : AIR1963HP28

..... of any rights therein have been held to be immune from attack in view of the provisions of article 31-a. the bombay tenancy and agricultural lands (amendment) act (13 of 1956) did not provide for the acquisition by the state of any rights in the estate. its validity and constitutionality was challenged in the case of sri ram ram narain medhi v. state ..... applicant was not at the time of ejectment a tenant to whom the provisions of section 41 of the punjab tenancy act as amended in its application to himachal pradesh by the punjab tenancy (himachal pradesh amendment) act, 1952, could have applied, be restored to possession of such land on the same terms and grounds on which it was held by him at the time of ejectment ..... : provided that the maximum rent payable by him on re-occupation of the land shall be subject to the provision of section 25a of the punjab tenancy act, 1887, as amended in its application to himachal pradesh by the punjab tenancy (himachal pradesh amendment) act, 1952 : provided further, that if the land had been given to another tenant on or after the fifteenth day of august, 1950 ..... to say that the extinguishment or modification of any such rights should only be in the process of the acquisition by the state of any estate or of any rights therein. the provisions of the punjab security of land tenure act (10 of 1953) as amended by act 11 of 1955 were also held to be protected under article 31a vide atma ram v. state of .....

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Aug 29 1961 (SC)

The Union of India (Uoi) Vs. Ram Kanwar and ors.

Court : Supreme Court of India

Decided on : Aug-29-1961

Reported in : AIR1962SC247; [1962]3SCR313

..... acquire it in pursuance of this rule. the requisitioning and acquisitioning of immovable property act, 1952 (xxx of 1952). section 24. (1) the requisitioned land (continuance of powers) act, 1947 (xvii of 1947), the delhi premises (requisition and eviction) act, 1947 (xlix of 1947) and the requisitioning and acquisitioning of immovable property ordinance, 1952 (iii of 1952) ..... decree ororder of any of the highcourts to judicature atfort william,madras and bombay, twenty the date ofor of the high court days the decreeof punjab in the or order.exercise of its originaljurisdiction.letters patent for the high court of lahore. clause 27, and we do further ordain that it ..... of the flat. against the said order, on november 26, 1954, the appellants filed a letters patent appeal in the circuit bench of the punjab high court at delhi. the appeal was filed within 30 days from the date of the said order after excluding the time taken for obtaining ..... in possession of the said flat, they had no alternative but to file a petition for a writ of mandamus in the high court of punjab. the petition was heard by falshaw, j., and the learned judge issued a writ of mandamus on october 19, 1954, directing the appellants ..... ; and also of the governor-general in cases of emergency under section seventy-two of that act, and may be in all respects amended and altered thereby. rules and orders of the high court of punjab. rule 4 : no memorandum of appeal preferred under clause 10 of the letters patent shall be .....

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Oct 20 1961 (HC)

M.P. Kuttappa Kurup and ors. Vs. Sub-collector, Chengannur and ors.

Court : Kerala

Decided on : Oct-20-1961

Reported in : AIR1962Ker252

..... notification is 'bad. such a contention was raised before their lordships of the supreme court, no doubt, regarding a notification issued by the government under section 4 of the central land acquisition act, and that contention was considered by the learned judges of the supreme court and is not really necessary to consider the various other aspects that are dealt with ..... singh v. state of punjab, air .1959 punj 538 where also an acquisition for a similar polytechnic run by a private association was held to be for a public purpose.34. mr. t. s. krishnamurthi iver raised a further contention in o. p. 1318 of 1960 to the effect that there is no provision in the travan-core land acquisition act by which the state ..... acquisition. there is no other restriction, so far as i could see in any of the provisions of the act which in any way can assist the contention of mr. t. s ..... . as pointed out by mr. vekyudhan nair, learned counsel tor the, first respondent, and also by the learned government pleader appearing for the state,. the preamble to the said act dearly shows thatit is expedient to amend the law for the acquisition of the tend needed for public purpose and for determining the amount of compensation to be paid on account of such .....

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Apr 03 1961 (HC)

M.M. Ipoh by Principal Officer M.S.M.M. Meyyappa Chettiar Vs. the Comm ...

Court : Chennai

Decided on : Apr-03-1961

Reported in : (1962)1MLJ205

..... for some examination.11. the two cases that we have referred to deal with cases of certain persons who banded themselves together for the joint acquisition and joint management of certain properties. in dwarakanath harishchandra pitaley in re 1937 i.t.r. 716 a case was considered where two brothers ..... would justify the inference, that there was the necessary agreement among the members of the association for the management of the properties and the acquisition of income therefrom. the defect that was pointed out in relation to the assessment year 1951-52 where in respect of the association ..... human being and would not include a company. it would, however, be remembered that by a later amendment, the expression 'association of individuals' has been replaced by 'association of persons' in the act, and the decisions have consistently held that' person 'in the context would mean either a human being or ..... a person for any purpose.18. a similar question arose but was not decided in lahore ice factories association v. commissioner of income-tax, punjab 1934 i.t.r. 362. in that case, four individuals, one limited company, one registered firm and one unregistered firm entered into an ..... for the assessee relies upon dulichand laxminarayanan v. commissioner of income-tax : [1956]29itr535(sc) . that was a case where several firms, each acting through a partner purported to form a partnership along with an individual and a joint hindu family. an application signed by the individual, by the kartha .....

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Jul 23 1961 (SC)

Rayala Corporation (P) Ltd. Vs. Director of Enforcement, New Delhi

Court : Supreme Court of India

Decided on : Jul-23-1961

Reported in : 1970CriLJ588; (1969)2SCC412; [1970]1SCR639

..... therefore, arise while the provision stood as originally enacted.6. parliament, by foreign exchange regulation (amendment) act xxxix of 1957, amended section 23(1) and, at the same time, also introduced section 23d in the act. it was by this amendment that two alternative proceedings for the same contravention were provided in section 23(1). in thus introducing ..... 132a of the, should go unpunished after the omission of that rule. it, however, appears that when section 4(1) of the act was amended, the legislature did not make any provision that an offence previously committed under rule 132a of the d.i. rs. would continue to remain punishable as ..... 561a of the cr. pc and should have quashed the proceedings on this complaint.18. consequently, as already directed by our short order dated 2nd may, 1969, the appeals are allowed, the order of the high court rejecting the applications under section 561a of the cr. pc is set aside, and the proceedings ..... march, 1968 by the respondent, the director of enforcement, new delhi. the rayala corporation private ltd., appellant in criminal appeal no. 18 of 1969, was accused no. 1 in the complaint, while one m.r. pratap, managing director of accused no. 1, appellant in criminal appeal no. 19 ..... /1969 was accused no. 2. the circumstances under which the complaint was filed may be briefly stated.2. the premises of accused no. 1 were .....

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Apr 28 1961 (SC)

Smt. Ujjam Bai Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Apr-28-1961

Reported in : [1963]1SCR778; [1963]Supp2SCR778

..... v. the state of kerala : [1961]3scr77 is relied on in support of it. there, the question was whether the provisions of the travancore-cochin land tax act 15 of 1955, as amended by the travancore-cochin land tax (amendment) act 10 of 1957, contravened article 14 of the constitution. the court was of the opinion that they did. then the contention was raised that in ..... of america the power of taxation is regarded as 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 save by authority ..... of this court in madan lal arora v. the excise & taxation officer, amritsar : [1962]1scr823 carry the matter further. there, the petitioner was a dealer registered under the punjab general sales tax act. notices were served on him by the sales tax authority, the last of them being that if the relevant documents were not produced within a particular date the case ..... in himmatlal harilal mehta's case : [1954]1scr1122 , bengal immunity's company's case : [1955]2scr603 and the state of bombay v. united motor (india) ltd. [1953] s.c.r. 1969 and observed : 'in these cases, in appeals from orders passed by the high courts in petitions under article 226, this court held that an attempt to levy tax under a .....

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