AI Overview...
- 90A Appeal - Main points and insights
- Section 90A of the Rajasthan Land Revenue Act, 1956, provides a statutory mechanism for appealing against orders related to land conversion and other land-related decisions (e.g., Nirmala Poonglia, W/o. Late Shri Shikhar Chand Poonglia VS Jaipur Development Authority Through Secretary - Rajasthan, State of Rajasthan VS Bhawani Singh Former His Highness Jaipur - Rajasthan, Balwant Singh VS State of Rajasthan - Rajasthan).
- Appeals can be filed by aggrieved persons or parties affected by orders of authorities or officers, including decisions on land use, conversion, or mutation (e.g., Nirmala Poonglia, W/o. Late Shri Shikhar Chand Poonglia VS Jaipur Development Authority Through Secretary - Rajasthan, Kanta Chouhan VS Indian Oil Corporation Ltd. - Rajasthan, State of Rajasthan VS Bhawani Singh Former His Highness Jaipur - Rajasthan).
- The right to appeal is often granted to persons aggrieved by administrative or judicial orders, with courts sometimes modifying or partly allowing appeals based on legal provisions, especially Section 90A (e.g., State of Rajasthan VS Bhawani Singh Former His Highness Jaipur - Rajasthan, Kanta Chouhan VS Indian Oil Corporation Ltd. - Rajasthan, MM Enterprises VS State of Rajasthan - Rajasthan).
- The burden of proof to establish exceptions under Section 90A(1) rests on the landholder claiming such exceptions (e.g., State of Rajasthan VS Bhawani Singh Former His Highness Jaipur - Rajasthan).
- The legislation emphasizes that rights in immovable property are to be effected through registered instruments, and appeals can challenge or modify such orders (e.g., Kanta Chouhan VS Indian Oil Corporation Ltd. - Rajasthan, Ram Kripal Das Ji Charitable Trust VS Phool Chand - Rajasthan).
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Courts have upheld the validity of appeals under Section 90A, including cases where authorities’ decisions are challenged for procedural or substantive reasons (e.g., State of Rajasthan VS Bhawani Singh Former His Highness Jaipur - Rajasthan, Nirmala Poonglia, W/o. Late Shri Shikhar Chand Poonglia VS Jaipur Development Authority Through Secretary - Rajasthan, Balwant Singh VS State of Rajasthan - Rajasthan).
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Analysis and Conclusion
- Section 90A acts as a vital legal remedy allowing affected persons to challenge administrative decisions regarding land, especially conversions and mutations.
- The scope of appeal includes administrative orders and judgments that impact land rights, with courts reviewing such appeals to ensure legality and procedural correctness.
- The legal framework underscores the importance of proper registration and documentation in land transfers and conversions.
- Overall, the 90A appeal process provides a structured avenue for persons aggrieved by land-related orders to seek redress, with courts generally supportive of the right to appeal and the statutory procedures involved.
References: - Nirmala Poonglia, W/o. Late Shri Shikhar Chand Poonglia VS Jaipur Development Authority Through Secretary - Rajasthan - Kanta Chouhan VS Indian Oil Corporation Ltd. - Rajasthan - State of Rajasthan VS Bhawani Singh Former His Highness Jaipur - Rajasthan - Balwant Singh VS State of Rajasthan - Rajasthan - MM Enterprises VS State of Rajasthan - Rajasthan - Ram Kripal Das Ji Charitable Trust VS Phool Chand - Rajasthan
Search Results for "90a Appeal Effected Person"
2023 0 Supreme(Raj) 501 • India - Rajasthan
GANESH RAM MEENA
building and constructions plans over land in question - Findings of Board of Revenue holding that respondent appellant aggrieved person ... Rajasthan Land Revenue Act, 1956 - Section 90A, 84 - Jaipur Development Authority Act - Section 83 - Appellate ... Sub-section 9 of section 90A of the Act of 1956 provides for an appeal to any person against an order of an officer or authority issuing order of conversion. The petitioners have no vested or legal right over the land in question. ... appeal#....
2019 0 Supreme(Raj) 785 • India - Rajasthan
SANGEET LODHA, VINIT KUMAR MATHUR
Right to Information Act, 2005 – Rajasthan Land Revenue Act, 1956 – Section 90A – Appeal against order passed ... – Appeal is allowed. ... Result: Appeal is allowed. ... Hence, this appeal. 8. ... The appeal preferred by the appellant against the order rejecting the application was also dismissed by the Appellate Authority by passing a non speaking order. 4. ... Learned counsel submitted that the learned Single Judge has even ignored the document Annexure 12 placed on record whereby t....
2014 0 Supreme(Raj) 537 • India - Rajasthan
M.N.BHANDARI
(h) a person not exceeding twenty-five years of age, who is a student prosecuting his studies in a recognised institution: ... Provided that where a holding is held jointly by more person than one the provisions of this section shall not apply unless all such persons ... We, accordingly, set aside the judgment and order under appeal. The appeal is allowed. There shall be no order as to costs. However, it would be open to the insurer to file an appeal if it is permissible under the law.....
2016 0 Supreme(Jhk) 878 • India - Jharkhand
APARESH KUMAR SINGH
Mutation Appeal ... P.C. were affected by goswara upon the opposite party Ramesh Saluja @ Bablu Saluja vide Annexure-E. Petitioners have withdrawn Misc. Case No. 12/15 (Jaswant Singh vs.
2012 0 Supreme(Raj) 279 • India - Rajasthan
PRASHANT KUMAR AGARWAL
... Appeal dismissed. ... Feeling aggrieved, the plaintiff-appellant is before this Court by way of this appeal. ... 5. ... According to Section 123 of the Transfer of Property Act, a gift of immovable property can be effected by a registered instrument signed by or on behalf of the donor and attested by atleast two witnesses. ... Section 17 of the Indian Registration Act also provides that gift of immovable property can be effected only by a registered instrument. It is well settled that rights in immovable property can....
1980 0 Supreme(Raj) 275 • India - Rajasthan
M.L.SHRIMAL, M.B.SHARMA
Final Decision: The Court partly allowed the appeal and modified the order of the Single Judge. ... The Court relied on the provisions of Section 90A of the Rajasthan Land Revenue Act, 1956, which prohibits the use of agricultural ... It is a well settled position of law that the burden to prove an exception lies on the person, who wants to take advantage of it. ... Sub-Section (1) as Section 90A of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) reads:"No person holding any land for the purp....
2019 0 Supreme(MP) 546 • India - Madhya Pradesh
G.S.AHLUWALIA
Final Decision: The appeal filed by the appellants (In F.A. No. 158 of 2008 and F.A. ... 149 of 2008) against the judgment and decree dated 30-4-2005 passed by VIth Additional District Judge, Gwalior in Civil Suit No. 90A ... Issues: Whether the plaintiffs and the defendants, by virtue of their respective sale-deeds executed by the private persons ... Resultantly, the appeal filed by the appellants (In F.A. No. 158 of 2008 and F.A. ... likely to be affected thereby. ... was maintainable or not and whe....
1972 0 Supreme(Del) 283 • India - Delhi
S.N.ANDLEY, T.P.S.CHAWLA
The Managing Committee of the school may appeal to the Lt. Governor who may after considering the representation made by the Managing Committee pass such orders as he may deem fit. ... "and repeated: ... "every Act done by the Government or by its. officers must, if it is to operate to the prejudice of any person, be supported by some legislative authority. ... The court warned against the "grave fallacy" of the other view and emphasised that ... "all executive action which operates to the prejudice of any person must have the authority o....
1982 0 Supreme(Raj) 152 • India - Rajasthan
G.M.LODHA
to challenge the very legislation of permitting concessional rates, this cannot be described better than a fallacious acts of a person ... (a) Rajasthan Land Revenue Act, 1956-Ss. 90A, 102, 260 and 261-Competency of State Govt. to frame Conversion Rules —Held, State Government ... apart from other provisions of the land Revenue Act, the State Government is authorised under the above provisions of Sections 90A ... It was then submitted that, though under Section 90A(5) of the Land Revenue Act, the person....
2025 5 Supreme 25 • India - Supreme Court
DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Act embodies, is not to annul all voluntary transfers effected by a party to suit but only to render it subservient to rights of ... Result : Civil Appeal allowed. ... (Paras 48 and 55) Facts of the case: Present appeal, by special leave, is at instance ... Reliance was placed on Section 18 of the Evidence Act to urge that an admission by a person would be binding only if the person still had an interest in the matter at the time the admission was made. ... The second appeal carried ....
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