CiteTEXT
...on August 22, 1956 under the Assam Land Requisition and Acquisition Act, 1948, hereinafter called the “Act”. By a notification dated September 21, 1962 the said land was compulsorily acquired under...A.N Grover, J.— This is an appeal by certificate from a judgment of the High Court of Assam and Nagaland in which the question involved is one of the quantum of compensation for certain...land belonging to the respondent which had been acquired.2. A piece of land measuring 5 Bighas, 4 Kathas and 3 lechas in Dibrugarh district belonging to the respondent was requisitioned...
...Assam Land Revenue Manual, 6th Edn. The executive instructions appearing in paras 115 to 159 and 167(a) at pp. 203 to 215 and 217 to 222 give the method of selection, appointment and dismissal of a...may also be paid a fixed salary.7. The Mauzadar may be invested with the power of attachment and sale of movables under Section 69 of the Assam Land and Revenue...Bachawat, J.— This appeal raises the question whether a Mauzadar in the Assam valley holds a civil post under the State of Assam, and is entitled to the protection of Article...
...disagreed with the view of the High Court that ‘surcharge’ levied under the Assam Land Revenue and Rent (Surcharge) Act, 1970, is a levy distinct from land revenue and it cannot be treated as a part of...‘annual land revenue’ for the purpose of assessing compensation payable under Section 12 of the Assam Fixation of Ceiling on Land Holdings Act, 1956.3. Keeping in view the facts and...that ‘surcharge’ is a levy different and distinct from land revenue is set aside and it is held that the surcharge payable on land revenue under the Assam Land Revenue and Rent (Surcharge) Act, 1970...
...and that was not accepted by the Supreme Court holding that the mutation entries cannot create title. That case does not help the appellant. Further under the Assam Land and Revenue Regulation, there...Assam Land and Revenue Regulation and the provisions of issue of Patta and also the Jamabandi shall be otiose and irrelevant. That cannot be the purpose of the Assam Land and Revenue Regulation...different Land Revenue Regulation and not the Assam Land and Revenue Regulation.
4. AIR 1997 SC 2181 (State of...
...for consideration the question whether the expression ‘annual land revenue’ in Section 12 of the Assam Fixation of Ceiling on Land Holdings Act, 1956 (hereinafter referred to as ‘the Ceiling Act...’) would include ‘surcharge’ payable under the Assam Land Revenue and Rent (Surcharge) Act, 1970 (hereinafter referred to as ‘the Surcharge Act’) and the ‘local rate’ payable under the Assam Local Rates...not assessed to land revenue under the provisions of the Assam Land and Revenue Regulations, 1886 or of the Assam Land Revenue Re-assessment Act, 1936, the compensation shall be determined on the basis...
...1. This is an appeal under Section 147 of the Assam Land and Revenue Regulation challenging the order of the Deputy Commissioner, Nowgong, dated 11-12-51...Section 75 of the Assam Forest Regulation as arrears of land revenue. The letter describes in short how the appellant Himangshu Sekhar Purkayastha received the money from the...Section 94 of the Assam Land and Revenue Regulation for realisation of the amount as arrear of land revenue by following the procedure as laid down in Chapter V of the Assam Land...
...set out therein and generally to Assam Land and Revenue Regulation and the rules made thereunder. On February 15, 1966, manager of the company approached the appellant seeking permission to cut 7000...pay to the lessor as provided by rules for the time being in force under the Assam Land and Revenue Regulation for all timber (if any) on the demised lands cut down, removed or utilised by the lessee...term of the lease viz. clause 2, Part IV. Maybe, that this term is a mere reproduction of proviso to Rule 37 of Assam Land and Revenue and Local Rates Regulations, but that by itself is not sufficient to...
...ction with Lakhipur PS case 27/2016 under Section 447/427/506/34 of the IPC and
Section 5 of the Assam Land Grabbing(Prohibition) Act, 2010.
Perused the case diary and the material on record...disputed land is a vacant plot and
the informant himself was not in possession of it.
Under the provisions of the Assam Land Grabbing (Prohibition) Act, 2010, the fac
t that a particular land...under Section 5
of the Assam Land Grabbing (Prohibition) Act, 2010 would come only after proving
of such aspect. In view of such material on record the interim bail vide order
dated...
...the suit is barred by Section 154(1) of the Assam Land and Revenue Regulation, 1886?
ii) Whether the suit, in view of the remedy provided under...Section 53A(2) of the Assam Land and Revenue Regulation, 1886, is maintainable?
4. Regarding the first question there is no need to discuss it as a suit for...declaration of title and injunction is never barred by Section 154(1) of the Assam Land and Revenue Regulation. The second question also requires no discussion inasmuch the land...
...section 147 of the Assam Land and Revenue Regulation Act, 1886. Section 147 of the Assam Land and Revenue Regulation Act is quoted below:(a) To the Board from orders, origi...Commissioner, Settlement Officer or Survey Officer. In such view of the matter, any challenge to sale cannot be construed to be an appeal under section 147 of the Assam Land and Revenue...Regulation Act, 1886.8. On the other hand, section81 of the Assam Land and Revenue Regulation Act, 1886 provides for challenge to a sale on the same...
...Supreme Court holding that the mutation entries cannot create title. That case does not help the appellant. Further under the Assam Land and Revenue Regulation, there is provision how mutation entries are...law or in consonance with the provisions of the said Regulation, they have certainly evidentiary value to establish the title of a person, otherwise the whole Assam Land and Revenue Regulation and the...provisions of issue of patta and also the jamabandi shall be otiose and irrelevant. That cannot be the purpose of the Assam Land and Revenue Regulation.2. 1995 Supp (2) SCC...
...Section 46(2) of the Income-tax Act wherein it has been distinctly laid down that it has to be recovered as if it were arrear of land revenue. Again S. 94 of the Assam Regulation I[1] of...recovered by the Collector only under the provisions of the Public Demands Recovery Act, and not under the Assam Land and Revenue Regulation; as the Collector has not followed...Assam Land and Revenue Regulation, were wholly misconceived. It is not disputed by Mr. Fakhruddin for the Syndicate that the action taken by the Excess Profits Tax Officer, Dibrugarh, was one under the...
...” agreed to surrender the area which, on his own showing, was lying unused. Later, the State proceeded to acquire the land under Section 7(1-A) of the Assam Land (Requisition and Acquisition) Act, 1948...V.R Krishna Iyer, J.— The concurrent conclusions of fact reached by both the courts below regarding the quantum of compensation payable to the appellant on the acquisition of his land for...persuaded to affirm the finding.2. 100 bighas of land belonging to the appellant (a tea planter) were first requisitioned by Government to settle landless people and the owner “gladly...
.... 193, Penal Code, for making false statements on oath before a Magistrate.”2. It is admitted by Mr. Dam that under cl. (b), S. 147, Assam Land and Revenue Regulation, 1686, an appeal...), Assam Land and Revenue Regulation; nor is the Rule issued to the appellant to show cause why he should not be prosecuted under S. 193, Penal Code, an order within the meaning of S. 147(b...
...) came into force, there was no time limit for filing an application under Section 53A, sub-Section (2). But by Section 2 of the Assam Land and Revenue (Amendment) Act of 1946 (Act XI [11...] of 1946) in sub-3. (2) of S. 63A of the principal Regulation, namely, the Assam Land and Revenue Regulation, between the words ‘may’ and ‘apply,’ the words ‘within a period of three years...Register on 1st July 1947 and the Assam Land and Revenue (Amendment) Act, 1946, came into force on 2nd January 1947. Mr. Lahiri for the appellant contends that the amendment Act...
...D.N Baruah, J.:— These two writ petitions challenge the orders passed by the Commissioner of Lower Assam Division setting aside the settlement of land, culminating in grant of periodic...patta in exercise of power??? under Rule 26 of the Rules framed under Assam Land and Revenue Regulations.2. Petitioners urged before a Division Bench of this...patta land as proposed by the Deputy Commissioner, inasmuch as, it would not be in conformity with Rules 25 and 26 of the Assam Land and Revenue Regulation. Accordingly...
...appellant may be noticed at the outset. The Director of Land Records, Assam granted a Certificate of Survey to the appellant under rule 13 of the Assam Land Records Manual (‘Manual.... However, much to the consternation of the appellant, the Joint Secretary to the Government of Assam, Revenue Department by his letter dated 29.8.2009 informed the Director of Land Records that the...13 from the Assam Land Records Manual, which was duly considered by the State Level Committee and on its acceptance, the Government of Assam in the Revenue Department issued the aforesaid letter dated...
...4 of the Assam Land (Requisition and Acquisition) Act, 1948.2. We may in dealing with these appeals set out the facts which give rise to Appeal No. 412 of 1962. The...the Government of India. The Collector of Kamrup passed an order on February 9, 1949 for acquisition of the land and building purporting to exercise powers under Section 4 of the Assam (Requisition...confirmed. State of Assam has filed this appeal with certificate granted by the High Court.3. Acquisition of the land and building belonging to the respondents was not made...
.... On 27-9-1951, petitioners whose lands were requisitioned applied to the Collector of Darrang under the Assam Land (Requisition...Section 8(1)(b) of the Assam Land (Requisition and Acquisition) Act, 1948.
2. The facts stated in the petition are not disputed. There has been so far no offer of...Assam Land (Requisition and Acquisition) Act, 1948, does cast a statutory duty on the Collector to refer the question of compensation, where ...
...Assam Land (Requisition and Acquisition) Act, 1948, praying for a reference of the question of compensation to the Court of the District Judge, Gauha...Section 8(1)(b) of the Assam Land (Requisition and Acquisition) Act, 1948.2. The facts stated in the petition are not disputed.3. There has been so far no offer of...Jelay.4. The learned Advocate General has not resisted this petition for a Writ of Mandamus. The Assam Land (Requisition...