Simranjeet Singh Sidhu Advocate – About Advocate in Chandigarh SimranLaw

There were of course certain SimranLaw Acts which dealt with specific tenures mentioned above, e. 485 It is clear therefore that Industrial Tribunals have the power to go beyond the ordinary law of master and servant, if circumstances justify it. Official Liquidator SimranLaw of Hindustan Simranjeet Law Associates Nitro Product (Gujarat) Limited and Ors. [9] as under:- In the first case mentioned above i. In alienated villages, lands corresponding to Government “sheri ” lands are denominated by the expressions, “sheri ” “.

In old Regulations two kinds of land have been referred to, namely, malguzarry land and lakhiraj land. All these were land tenures in respect of unalienated lands and the Bombay Survey and Settlement Act (Bom. The case of Hari Vishnu Kamath v. Such was the view taken by the Allahabad High Court in Aidal Advocate Simranjeet Singh Sidhu v. The former meant land paying 501 assessment to Government, whereas the latter meant land free from payment of assessment.

Tulsi Dass[32] and Barham Dutt v. In these cases the decision of the Labour Appellate Tribunal has proceeded strictly on the basis of the ordinary law of master and servant without regard to the, fundamental change introduced in that law by the enactment of s. Khas Kamath ” and ” Ghar Khedu “. 33 of the Act on that law as to the power of the master to suspend. where the auction is not subject to confirmation by any authority, the auction is complete on the fall of the hammer, Simranjeet Law Associates and certain rights accrue in favour of the auction-purchaser.

1 of 1865) passed in 1865. Khalsa land in the permanent occupation of holders was denominated, before the survey- settlements, in the different parts of ‘the Presidency by the expressions mirasi, dhara, suti and muli. , Bhagdari and Narvadari Tenures Act (Bom. Petitions are at times filed both under Articles 226 and 227 of the Constitution. The general prevailing tenure, however, was the Raiyatwari tenure where the Raiyat or the tenant had the right of an occupant in his holding.

In our opinion, where the facts justify a party in filing an application either under Article 226 or 227 of the Constitution, and the party chooses to file his application under both these articles, in fairness and justice to such party and in order not to deprive him of the valuable right of appeal the court ought to treat the application as being made under Article 226, and if in deciding the matter, in the final order the court gives ancillary directions which may pertain to Article 227, this ought not to be held to deprive a party of the right of appeal under clause 15 of the Letters Patent where the substantial part of the order sought to be appealed against is under Article 226.

Lands in leasehold or farmed villages are called khoti lands. We have, therefore, to see whether it would be reasonable for an Industrial Tribunal where it is dealing with a case to which s. 33 of the Act applies, to imply a term in the contract giving power to the master to suspend a servant when the master has come to the conclusion after necessary enquiry that the servant has committed misconduct and ought to be dismissed, but cannot do so because of s.

” It will be observed that Mirasi, Dhara, Suti and Muli were all tenures in regard to unalienated lands, the tenure- holders being permanent holders of land having hereditary interests in their holdings. V of 1862), and Khoti Settlement Act (Bom. Peoples Cooperative Transport Society Ltd. Karan Singh[31] and by the Punjab High Court in Raj Kishan Jain v. Syed Ahmad Ishaque[30] before this Court was of such a type. the amount for the recovery of which sale is ordered and every other matter which the Sale Officer considers material for a purchaser to know in order to judge the nature and value of the property.

applied, generally to the same. The right of an occupant was a heritable right and on the death of a registered occupant the name of his heir was entered in his place. Lands which are given under leases and the assessment of which is regulated by the terms thereof are called kauli lands. V of 1879) with a view to consolidate and amend the law relating to Revenue Officers, to the assessment and recovery of land revenue and to other matters connected with land revenue administration.

, The Khoti tenures in the Konkan and the Bhagdari and Narvadari tenures in some parts of Gujrat were also tenures in regard to unalienated lands, there venue being assessed on those lands on entire villages and not on specific pieces of land either in lump or on the basis of a fixed Bighoti assessment on each field and the tenure-holders being responsible for the payment of the, sum in certain specified modes. I Government arable land not in the permanent occupation of an occupant was and is described by the name sheri.

The question is whether an appeal would lie from the decision of the Single Judge in such a case. 1981 will also not come to the rescue of the auction purchaser, as it has been held in the case of Velji Khimji and Co. , New Delhi[33] and we are in agreement with it. In 1879 the State Legislature 502 enacted, the Bombay Land Revenue Code (Bom. Further, the fact that the actual auction sale had been conducted on 25. All the cases to which we have been referred with respect to the ordinary law of master and servant had no occasion to consider the impact of s.

Rule 18 provides that where such petitions are filed against orders of the Tribunals or authorities specified in Rule 18 of Chapter XVII of the Appellate Side Rules or against decrees or orders of courts specified in that rule, they shall be heard and finally disposed of by a Single Judge. 1 of 1880); but by and large they were tenures in regard to unalienated lands and were governed by the Bombay Survey and Settlement Act, 1865.