Court : Supreme Court of India
..... . the big estates were sought to be abolished by the h.p. abolition act. when section 27 of the abolition act and definition of land is read with holding and estate and landowner as defined in the punjab land revenue act, 1887 it is clear that the land held by late rajinder singh definitely exceeded revenue of rs.125 per year as is apparent from documents and various orders passed in ..... and to reform the law relating to tenancies and to make provisions for matters connected therewith in himachal pradesh. estate , land owner and holdings have been defined in section 2(3) of the abolition act and have the meanings respectively assigned to these words in the punjab land revenue act, 1887 as in force in himachal pradesh immediately before 26.1.1950. 21 34. the terms estate ..... ', land owner' and holding' have been defined under sections 3(1), 3(2) and 3(3) of the punjab land revenue act, 1867are extracted hereunder: 3. definition: in this ..... the other side then he would be guilty of playing fraud on the court as well as on the opposite party. 73. in k.k. modi v. k.n. modi, (1998) 3 scc573 it was observed that one of the examples cited as an abuse of the process of the court is re litigation. it is an abuse of the process .....Tag this Judgment!
Court : Allahabad
Reported in : 1999(2)AWC1322
..... brick-earth is a minor mineral was not disputed. what was urged therein was that it is not any of the mines or minerals covered by section 41 of the punjab land revenue act. 1887. here the question urged stands already settled not only by the decision in m/s. ram brick field (supra), but also by an earlier judgment in sharma and company ..... petitioner.2. sri j.c. bhardwaj, learned counsel appearing on behalf of the petitioner, by placing reliance on paragraph 7 of the decision of the apex court in state of punjab v. m/s. vishkarma and co. etc., jt 1993 (1) sc 448, contended that the reliefs claimed for are fit to be granted.3. sri p.k. bisaria, learned standing ..... . state of uttar pradesh, air 1975 all 386, holding that 'brick earth' is a minor mineral within the meaning of section 3 of the mines and minerals (regulation and development) act, 1957, and every person would have to pay the royalty for extracting earth for manufacture of bricks. there two clear cut decisions of division benches are binding on us, specially ..... and minerals were extinguished with the enforcement of the u. p. zamindari abolition and land reforms act. 1950 and that the right to the minerals had passed on to the state as a consequence of the act aforementioned as a result the state is owner of the minerals.5. in state of punjab v. m/s. vishkarma and co. etc., relied upon by sri bharadwaj .....Tag this Judgment!
Court : Kerala
Reported in : AIR1993Ker146
..... after the commencement of the joint family abolition act, 1975. we shall, therefore, deal with these three decisions. 35. ram sarup v. munshi, air 1963 sc 553 was concerned with the punjab preemption act, 1913. that act in section 14 gave certain rights of pre-emption in respect of agricultural land sold by a member of an 'agricultural ..... far as the succession was concerned. it would not be the personal law on the date when section 151 itself was created, under the m.p. land revenue code, 1954. in the present case, section 17 does not allow the mode of succession to be decided with reference to any personal law. the section ..... adopting statute." it was pointed out by their lordships that in view of the words 'personal law' used in section 151 of the m.p. land revenue code, 1954, the personal law as obtaining from time to time would be the law applicable and viewed in that light the personal law would be ..... that the said decision is also clearly distinguishable. in that case succession to certain rights of tenure holders was covered by section 151 of the m.p. land revenue code, 1954 which came into force on 5-2-1955. the section read as follows: "subject to his personal law, the interest of a tenure- ..... surjit as on the date of her death. 37. in our opinion, the above said decision is clearly distinguishable. in section 151 of the m.p. land revenue code, 1954, the statute did not specifically fix a particular mode of devolution. on the other hand, it said that the devolution would be as per .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC3708; 2005(4)CTC762; JT2005(8)SC203; (2005)12SCC1
..... international security & intelligence agency ltd. : 1scr951, relied upon by the additional solicitor general, is not applicable.punjab land revenue act and delhi land reforms act:33. the lands in question indisputably were governed by the punjab land revenue act, 1887 and the punjab tenants (security of tenure) act, 1950. the punjab land revenue act 1887 is still applicable save and except those provisions which are inconsistent with the provisions of the delhi ..... such entries are made. it is true that the legislature used two different phraseologies 'shall be presumed' and 'may be presumed' in section 42 of the punjab land revenue act and furthermore although provided for the mode and manner of rebuttal of such presumption as regards right to mines and minerals said to be vested in the government ..... development) act, 1957 and a.p. minor mineral concession rules, 1966, held that the agriculturists could not have had any right over minor ..... consideration.29. in bheemagari bhaskar and ors. v. revenue divisional officer, bhongir and ors. : 2001(5)ald277 the division bench of the andhra pradesh high court, wherein one of us was a member, while analyzing the provisions of the a.p. (a.a.) estates (abolition and conversion into ryotwari) act, 1948 vis--vis mines and minerals (regulation and .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1955P& H220
..... rights has been made or which has been so assessed to land revenue, and that the extinguishment or modification must be of particular rights in the whole of such area and not ..... chand's second argument was that in any case the impugned act merely has the effect of extinguishing or modifying certain rights in certain pieces of land but it docs not provide for the extinguishment or modification of any right in any estate, the contention being that an estate under the punjab land revenue act, section 3, means any area for which a separate record of ..... that right to another person.the argument is interesting but not in my opinion substantial. according to mr. tek chand a law which provides for the total abolition of the rights of ownership of landed property, for instance, would be constitutional as it would, according to him, fall under article 31-a, but if the right of ownership of a person or ..... providing for the extinguishment or modification of any rights in an estate. the term 'extinguishment' appearing in article 31-a of the constitution, according to learned counsel means the total abolition of a right known to law in the same manner as slavery has been abolished in most civilized countries and does not merely mean the extinguishment of a particular person .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1971)ILLJ634P& H
..... land revenue which was not liked by the officials of the transport department and it was being stated openly that the fund maintained by the department under section 94(3) of the motor vehicles act was going to be exhausted. the petitioner refers to another case decided by him against the state of punjab wherein ..... attention to a division bench judgment of this court reported as ajit singh and jamna dass akhthar v. state of punjab, 1970 ser lr 334 (punj), where the view taken was that abolition of a post and consequent termination of services of the person holding that post did not attract article 311. the ..... the disposal of cases might also be quicker. a special pay of rs. 100/- per mensem was proposed for each district judge. the proposal entailed abolition of the posts in the establishment of the tribunal as well but they were to be absorbed else where. the proposal after being processed through the deputy ..... expansion leading to greater number of accidents. the idea brought out by the petitioner is that when necessary for the continuance of tribunal existed, the abolition of the post was only a device adopted to set rid of him. the reply of the state is that the work of the tribunal was ..... lachman singh gill, and the transport minister, shri parkash singh majithia, respondents 1 and 3. it is further pleaded by him that the proposal for abolition of the post was initiated not only because of the mala fides of the respondents 1 and 3 but also that of the state transport controller whose .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC694; Supp1SCR753
..... meaning of the expression 'estate' in the light of the punjab land revenue act, 1887. section 3(1) of the said act had provided that an 'estate' means any area - (a) for which a separate record of rights has been made, or (b) which has separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed, or ..... in respect of land revenue.' 18. article 31a was added by the constitution (first amendment) act, 1951, with retrospective effect. similarly, the portion in italics was added by the constitution (forth amendment) act, 1955, with retrospective effect. 19. it is well-known that the constitution first amendment of 1951 was made in order to validate the acquisition of zamindari estates and the abolition of permanent ..... the contentions urged was by the patna high court in kameshwar singh v. state of bihar a.i.r. 1951 pat 91 in which the petition succeeded and bihar abolition of estates act 1 of 1950 was declared unconstitutional. an appeal was preferred by the state against the judgment to this court and it was during the pendency of this appeal and ..... ayyar, j., speaking for this court in thakur amar singhji v. state of rajasthan : 2scr303 : 'the object of art. 31a was to save legislation which was directed to the abolition of intermediaries so as to establish direct relationship between the state and the tillers of the soil, ..............' 70. i shall now turn to sub-clause (b) and to the terminology .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1965All154
..... are permitted under chaps vi and vii of the punjab land revenue act for the recovery of arrears of land revenue. the provisions of section 78 and section 159(2)(xv) of the punjab land revenue act apply to that person alone against whom the writ of demand for the arrears of land revenue are issued and section 158(2)(xiv) of the act did not refer to claims which may have a ..... petitioner's property before the tahsildar, but here again the learned counsel was not able to point out any provision of law under the income-tax act or the land revenue act or the u. p. zamindari abolition and land reforms act authorising the petitioner to file an objection before the tahsildar or the collector. in the complete absence of any provision of law, permitting the filing ..... claim in the course of execution of a decree. in the present case also learned counsel for the appellant could not show any provision either in the u, p. land revenue act or zamindari abolition act which could enable the collector to attach and sell property which does not belong to the defaulteror which did not stand in the name of the defaulter under these ..... could not be validly entertained by him under order 21 rule 58 of the c p. c. only where the collector acts under the powers conferred on him under the u. p. land revenue act or zamindari abolition and land reforms act for the recovery of land revenue then and then alone it could be said that an objection under rule 58 c. p. c. could not be entertained .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1978SC1635; 1979MhLJ41(SC); (1978)4SCC170; 1SCR163; 1978(10)LC644(SC)
..... as alleged by the appellants was preserved by the m.p. land revenue code; that repeal by schedule iii to the mp. land revenue code of sections 45 to 47 of the abolition of proprietary rights act did not affect any vested right which accrued under the repealed provisions of the abolition of the proprietary rights act and accordingly the respondents' right of appropriating the water of navegaon ..... free of charge was a customary right which was preserved and was not destroyed either by the abolition of proprietary rights act or by the madhya pradesh land revenue code and that the state was not competent to levy any water charges under the central provinces irrigation act, 1931.5. at the hearing of the appeal, the learned counsel for the appellants has urged ..... the original right of free irrigation from the tank was not saved by any provision of the abolition of proprietary rights act; that even assuming without admitting that the respondents' right of free irrigation continued after 1950, it was finally destroyed by the madhya pradesh land revenue code which came into force in 1953 and neither section 7 of the madhya pradesh general clauses ..... of section 238 of the code. this view is in consonance with the decision of this court in state of punjab v. mohar singh 0043/1954 : 1955crilj254 where it was held that the line of enquiry would be, not whether the new act expressly keeps alive old rights and liabilities but whether it manifests an intention to destroy them. examining the matter .....Tag this Judgment!
Court : Delhi
Reported in : 4(1968)DLT384
..... . the defendant had made an application before the compensation officer, mahasu for acquiring proprietary rights of the land in dispute under section 11 of the himachal pradesh abolition of big landed estates and land reforms act (hereafter called the abolition act) on the basis of the aforasaid entries in revenue papers. the compensation officer had rejected that application by holding that the defendant was neither a tenant nor ..... be open to decision by a civil court. earlier, similar views had been expressed by the supreme court in shri raja durga singh v. tholu, while dealing with the punjab tenancy act (16 of 1887 as applied to himachal pradesh).(12) it is unnecessary to refer to large number of toher decisions cited at the bar. we may merely ntoe them. the ..... . punjab bissol. while dealing with the scope and effect of section 7(1) of the orrissa tenants prtoection act 3 of 1948, the court observed that this provision of law postulated the relationship of tenant and landlord between the parties and ..... contained in the relevant statute.'that the observations in mask & co's case were in some respects too widely stated was repeated by the supreme court in custodian evacuee property punjab v. jafran begum, and reference was made to the earlier supreme court decision in the case of firm i.s. chetty. in magiti sasamal v .....Tag this Judgment!