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Judgment Search Results Home > Cases Phrase: the punjab restitution of mortgaged lands act 1938 Court: supreme court of india Page 1 of about 9 results (0.113 seconds)

Oct 31 1969 (SC)

Kidar Nath Vs. Mangat Rai and ors.

Court : Supreme Court of India

Reported in : (1969)3SCC588; [1970]3SCR213

..... the agricultural lands. thereafter the mortgages remained outstanding only on non-agricultural properties. the representatives of ladhia then instituted an action in the court of the senior subordinate ..... . declaring that rs. 62,293/11/9 were due on the mortgages. the high court of punjab confirmed the decree on november 24, 1919. but no payment was made under that decree, nor was the decree made final.3. some time in 1951 the representatives of ladhia applied under the punjab restitution of mortgaged lands act, 1938, to the special collector and obtained an order for restoration of ..... judge, hissar, for redemption of the non-agricultural properties, and claimed an account under section 30 of the punjab relief of indebtedness act, 1934, and .....

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Mar 17 1972 (SC)

State of Jammu and Kashmir Vs. M.S. Farooqi and ors.

Court : Supreme Court of India

Reported in : AIR1972SC1738; 1972LabIC900; (1972)1SCC872; [1972]3SCR881

..... viz., indian contract act and the cpc, which fell within entries 8 and 10 of list 3 of the ..... repugnancy under section 107 of the constitution act do not arise and need not be considered here.but if facts are examined it would be clear that these observations do not assist the appellant. the act which was impugned was the punjab restitution of mortgaged lands act, 1938, and it was argued that the provisions of the impugned act were repugnant to certain existing indian laws, ..... government of india act, 1935. entry 8 dealt with 'transfer of property other than agricultural land; registration of deeds ..... the transfer of property at all; it does certainly deal with mortgages, but as their lordships have already stated, mortgages, though not expressly mentioned in the constitution act, are properly to be classed not under the head of contracts, but as special transactions ancillary to the entry of 'land'.in this case it was obvious that there was no conflict .....

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Mar 30 1950 (SC)

Lakhi Narayan Das and ors. Vs. the Province of Bihar

Court : Supreme Court of India

Reported in : [1950]SuppSCR102

..... ) of the government of india act to the extent that it conflicted with certain provisions of the civil procedure code and other existing ..... (4) that when the province acts solely within its power under the provincial list without relying on any power conferred by the concurrent list, no question of repugnancy under section 107 of the government of india act would arise. the point raised in that case was whether the punjab restitution of mortgaged lands act (act iv of 1938) was void under section 107(1 ..... indian law. what that statute enacted, in substance, was to set aside the normal procedure for redemption in the case of mortgages of land with ..... of the judicial committee affirmed the decision of the federal court but on different grounds. their lordships held that the impugned act was by its very language confined exclusively to agricultural lands, and mortgage of agricultural land as well as the procedure for its enforcement were wholly within the competence of the provincial legislature being covered by items nos .....

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Dec 08 1958 (SC)

Atma Ram Vs. the State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1959SC519; 1959Supp(1)SCC748; [1959]Supp1SCR748

..... vires. by that act, the legislature had provided for redemption of mortgages on terms much less onerous than the terms of the mortgages-deeds. their lord-ships of the judicial committee of the privy council repelled the contention raised ..... seventh schedule to the constitution act of 1935, came up for consideration before the judicial committee of the privy council on appeal from he federal court of india in megh raj v. allah rakhi (1946) l.r. 74 indap 12, affirming the judgment of the lahore high court. in that case, the punjab restitution of mortgaged lands act (punj. iv of 1938) had been challenged as ultra ..... from that well-established maxim. the judgment of the full bench on this part of the case is based entirely upon the definition of an estate, as contained in the punjab land revenue act, set about above. it has not stopped to consider the further question why a holding, which is a share or a portion of an estate, as defined in the ..... of madras and kerala, any janmam right'. it is common ground that we have to turn to the definition of an estate, as contained in the punjab land-revenue act xvii of 1887. section 3(1) of that act has the following definition :- '(1) 'estate' means any area - (a) for which a separate record-of-rights has been made; or (b) which has been .....

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Sep 04 2001 (SC)

State of Himachal Pradesh Vs. Tarsem Singh and ors.

Court : Supreme Court of India

Reported in : 2001VIIAD(SC)254; AIR2001SC3431; JT2001(7)SC460; 2001(6)SCALE92; (2001)8SCC104

..... ownership or leasehold or all such rights. 'rights over land' would include easements or other collateral rights, whatever form they might ..... . in that connection, the privy council held thus:'rights in or over land'. 'rights in land' must include general rights like full ..... .' 'entry 18-land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant and the collector of rents, transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.' 5. in megh raj and other vs.allah rakhia and others (supra), an argument was raised that the punjab restitution of mortgage land act is ultra vires ..... or other authority all rights, title and interests including the contingent rights, if any, of the landowner in the lands in any estate- (a) vested in a panchayat under section 4 of the punjab village common lands (regulation) act, 1961 (18 of 1981) as in force in the areas added to himachal pradesh under section 5 of the .....

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Feb 27 1990 (SC)

Vijay Kumar Sharma and Others Vs. State of Karnataka and Others

Court : Supreme Court of India

Reported in : AIR1990SC2072; JT1990(2)SC448; 1990(1)SCALE342; (1990)2SCC562; [1990]1SCR614

..... the two statutes since they covered two different subject matters. hence the issue as to whether the impugned punjab restitution of mortgage lands act was valid because the pith and substance of the act covered an area different from the one covered by the contract act and the civil procedure code, did not fall for consideration before the court. what is more, when the matter ..... provisions of the contract act and of the civil procedure code. the court held that there was no repugnancy between the ..... as contravening not section 100 but section 107(1) the govt. of india act 1935 (corresponding to article 254(1) of the constitution) the question of the pith and substance of the impugned act does not arise. in that case, the validity of the punjab restitution of mortgage lands act was challenged on the ground that some of its provisions were repugnant to certain ..... as the case may be, vested in the state government absolutely and free from all encumbrances. further, all rights, title and interest of the contract carriage operators in the lands, buildings, workshops and other places and all stores, instruments, machinery, tools, plants, apparatus and other equipments used for the maintenance, repair of, or otherwise in connection with .....

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Jul 20 1988 (SC)

Accountant and Secretarial Services Pvt. Ltd. and anr. Vs. Union of In ...

Court : Supreme Court of India

Reported in : AIR1988SC1708; JT1988(3)SC78; 1988(2)SCALE53; (1988)4SCC324; [1988]Supp1SCR493; 1988(2)LC471(SC)

..... raj v. allah rakhia, air 1947 pc 72. in that case the question was whether the punjab restitution of mortgaged lands act, an act of the punjab legislature, was void as being ultra vires of the punjab legislature. the act applied to mortgagees in possession of certain lands. the expression 'land' was defined as 'land which is not occupied as the site of any building in a town or village and is ..... . that case was concerned with the interpretation of entry 21 of list ii in the seventh schedule to the government of india act, 1935. it raised the issue of the validity of the united provinces regularisation of remissions act (14 of 1938). in view of an unprecedented fall in the prices of agricultural produce, the united provinces government directed a remission in the ..... rents payable by tenants to their landlords. but this remission was declared by the high court to be unauthorised and inoperative as being in contravention of the provisions of the agra tenancy act, 1926. the .....

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Aug 23 1960 (SC)

The Associated Hotels of India, Ltd. and anr. Vs. R.B. Jodha Mal Kutha ...

Court : Supreme Court of India

Reported in : AIR1961SC156; [1961]1SCR259

..... was situated in the jurisdiction of more courts than one, the courts being in the two new provinces of the punjab, e.g., suits for partition of property, succession, enforcement of mortgages and declarations of title under the provisions of the punjab land revenue act. greater uncertainty would have arisen in cases where decrees of original courts were under appeal in districts and still ..... 'enforce' or 'execute'. there are decrees which are not executed in the ordinary sense of the term but are given effect to; e.g., decrees for dissolution of marriage, restitution of conjugal rights and injunction. in criminal matters it would mean carrying out the sentence of the court. it was for these reasons that the word 'effect' was used in ..... accordance with law'. 45. respondent also relied on the fact that by unilateral action pakistan had by statute made the decrees of indian courts including east punjab ineffective in west punjab and that an indian act had made similar provision as to decrees against the government. this is hardly indicative of the true meaning of art. 4 but if it can afford ..... more in suits where preliminary decrees had been passed and final decrees remained to be made. even in cases of a matrimonial or testamentary nature, in cases dealing with guardianship and custody of infants, maintenance, restitution of conjugal .....

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Dec 01 1987 (SC)

Hanumant Kumar Talesara Vs. Mohan Lal

Court : Supreme Court of India

Reported in : AIR1988SC299; JT1987(4)SC545; 1987(2)SCALE1470; (1988)1SCC377; [1988]2SCR99; 1988(1)LC411(SC); 1988(1)WLN150; 1988(1)WLN318

..... option of yearly renewal for 10 years. the property being an evacuee property the competent officer after determining the mortgage charge sold the property. the respondent purchased the property but could not get possession as sub-tenants claimed benefit of east punjab rent restriction act (3 of 1949). the purchaser filed a suit for possession of the property from the head lessee and ..... the tenant by the mortgagee must have been a bona fide one. this exception will not apply in a case where the terms of the mortgage prohibit the mortgagee from making any settlement of tenants on the land either expressly or by necessary implication.9. it was held that the settlement was not a bona fide one and a successor of the ..... tenant did not acquire permanent right of tenancy in the demised lands under bihar tenancy act.10. in harihar prasad singh and anr. v. must. of munshi nath prasad and ors. where the mortgage was in respect of agricultural lands, this court held:the law is that a person cannot confer on another any right higher than ..... is for the person who claims the benefit thereof, to strictly establish it.12. it has been further observed that if there is a prohibition on mortgagee in letting of lands, the lease will not be binding on the mortgagors. but where there is no such prohibition the parties will be thrown back on their rights under the transfer of property .....

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Dec 11 1981 (SC)

Chhaganlal Keshavlal Mehta Vs. Patel Narandas Haribhai

Court : Supreme Court of India

Reported in : AIR1982SC121; (1982)1GLR325; 1981(3)SCALE1861; (1982)1SCC223; [1982]2SCR166; 1982(14)LC120(SC)

..... us. we take up the first point first.17. the first contention is based on the principle of indivisibility of the mortgage. section 60 of the transfer of property act deals with the rights and liabilities of a mortgagor. it confers a right of redemption. there is, however, a rider ..... predecessor in interest, chimanrai, his widow chhotiba and his daughter taralaxmibai on their own admission had no subsisting right, title and interest in the mortgaged property. the plaintiff who is only a transferee from taralaxmibai could not rank higher, that ganpatram, the predecessor in interest of defendant no. ..... ganpatram, gave a similar notice, ext. 28, dated 6th of october, 1933 to chhotiba, the widow of chimanrai calling upon her to redeem the mortgage in question. on this notice similar endorsement on behalf of chhotiba was made on 10th of october, 1933 by lomeshprasad hariprasad desai (for short lomeshprasad), ..... ganpatram mugutram vyas (for short ganpatram) on 4th of july, 1912. ganpatram in his turn sold the mortgagee rights in a part of the mortgaged property, viz., common latrine, to one vamanrao laxmanrao nirkhe (for short vamanrao).3. ganpatram died and his son chhotelal ganpatram (for short chhotela) ..... to the right of redemption in the section itself, which provides:nothing in this section shall entitle a person interested in a share only of the mortgaged property .....

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