Judgment Search Results Home > Cases Phrase: acquisition of certain area at ayodhya act 1993 section 4 general effect of vesting Page 1 of about 2,869 results (0.212 seconds)

Dr. M. Ismail Faruqui Etc, Mohd. Aslam, Hargyan Singh, Thakur Vijay Ra ...

Court : Supreme Court of India

Reported in : AIR1995SC605A

..... it is convenient to deal with the validity of the acquisition of certain area at ayodhya act, 1993, and the maintainability of the presidential reference dated 7th january, 1993 under article 143(1) of the constitution of india in a common opinion.102 ..... section 4 then provides the general effect of vesting. ..... the meaning of the word 'vest' in section 2 and the kind of vesting contemplated thereby, the effect of vesting including abatement of all pending suits and legal proceedings, according to section 4, the power of central government to direct vesting of the area or any part thereof in another authority or body or trust and its effect according to section 6, and section 7 providing for management of property by the central government or the authorised person are the provisions of particular significance for deciding the question of ..... general effect of vesting ..... may here be recalled that section 4 relates to the effect of vesting under section 3; section 5 to the duty of the person or state in charge of the management of the area to deliver possession etc. ..... section 4 relates to the effect of vesting and section 5 to the power of the central government to secure possession of the area vested, with the corresponding obligation of the person or the state government in possession thereof to deliver it to the central government or the authorised ..... obviously, the effect of vesting will depend on the meaning of the word 'vest' used in section 3 and the kind of vesting in the present .....

Dr M. Ismail Frauqui and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1

..... it is convenient to deal with the validity of the acquisition of certain area at ayodhya act, 1993, and the maintainability of the presidential reference dated 7th january, 1993 under article 143(1) of the constitution of india in a common opinion.104. ..... section 4 then provides the general effect of vesting. ..... it may here be recalled that section 4 relates to the effect of vesting under section 3; section 5 to the duty of the person or state in charge of the management of the area to deliver possession etc, to the central government or the authorised person; section 7 to the management and the administration of property by the central government on its vesting; and section 11 gives protection to action taken in good faith by the central government or the authorised person or any one acting on its behalf under this act.24. ..... the meaning of the word 'vest' in section 3 and the kind of vesting contemplated thereby, the effect of vesting including abatement of all pending suits and legal proceedings, according to section 4, the power of central government to direct vesting of the area or any part thereof in another authority or body or trust and its effect according to section 6, and section 7 providing for management of property by the central government or the authorised person are the provisions of particular significance for deciding the question of constitutionality. ..... general effect of vesting. .....

indira Nagar House Building Welfare Society Vs. State of Tamilnadu

Court : Chennai

..... in (1994) 6 scc360 the constitutional bench of the apex court, with reference to section 3 of the acquisition of certain areas at ayodhya act, 1993, at paragraph 21, held as follows: ".21. ..... on the other hand, sections 16 and 17 of the land acquisition act (act 1 of 1894), provide that the property so acquired, upon the happening of certain events, shall vest absolutely in the government ..... even taking for granted that an award has been passed under section 11 of the land acquisition act, 1894, the said award has no force, in the eye of law, as notifications issued under section 4(1) and 6 of the land acquisition act, 1894, have been set aside, vide order dated 18.03.1996 in w.p.no.5023 of 1986, and when the proceedings have reached ..... the tahsildar, vide proceedings in roc no.1816/2013/b1 dated 27.03.2013, has stated that a withdrawal notification has to be approved and published by the government gazette and only after the completion of the abovesaid procedure, he could effect transfer of patta, in the name of the writ petitioner association, as per the judgment of this court in w.p.no.11496 of 2012 dated 23.04.2012, in the subsequent proceedings in r.c.no.1816/2013/b1 dated 08.04.2013, the tahsildar, ..... 1401) the meaning of the word vest is given as : to give an immediate, fixed right of present or future enjoyment; to accrue to; to be fixed; to take effect; to clothe with possession; to deliver full possession of land or of an estate; to give ..... item 8 to vest , generally means to give .....

Harsha NitIn Kokate Vs. the Saraswat Co­op. Bank Ltd. and ors.

Court : Mumbai

Reported in : 2010(112)BomLR2014

..... 605 the concept of vesting the property in the acquiring authority came to be considered under the acquisition of certain area at ayodhya act (33 of 1993). ..... considering the pith and substance of the act, which was for the acquisition of the property at ram janma bhoomibabri masjid site under a legislation, it was held that vesting of the disputed land (ram janma bhoomibabri masjid) was limited to holding it by the civil government as statutory receiver and vesting of the area in excess of the disputed structure was absolute.hence, it is seen that the intention of the legislature is of primary importance in considering the effect of the term 'vest' in a given legislation.22. ..... the nomination would have the effect of vesting in the nominee complete title in the shares. ..... that is the effect of vesting the shares in the nominee.5. mr. ..... the law relating to nomination is set out in section 109a of the companies act pursuant to the amendment which came into effect on 31st october 1998. ..... the nonobstante clause in section 9.11.7 gives the nomination the effect of the testamentary disposition itself. .....

Hooghly Mills Company Limited and anr. Vs. Regional Provident Fund Com ...

Court : Kolkata

Reported in : (2006)3CALLT587(HC),2006(3)CHN749,(2006)IIILLJ721Cal

..... sub-section (3) of section 6 of acquisition of certain areas at ayodhya act, 1993 is indicative of the fact that all or any of the provisions of sections 4, 5, 7 and 11 of the said act may or may not be applicable to the transferee under sub-section (1) of section 6 of the said act.39. ..... decision does not help this court in any way to resolve the dispute raised in this application for the following reasons:firstly, the scope and/or ambit of application of section 14b of the said act was neither the subject-matter of challenge therein nor the hon'ble apex court had the occasion to decide anything on the said issue.secondly, though the said judgment was ..... conditions as may be specified in the notification granting such exemption, and where such employer contravenes, or makes default in complying with any of the said provisions or conditions or any other provision of this act, he shall be punishable under section 14 as if the said establishment had not been exempted under the said clause (a);(b) the employer shall establish a board of trustees for the administration of the provident fund consisting of such number of ..... section 17(1a) which was introduced in the said act with effect from 1st october, 1988 by the amending act 33 of 1988 gives certain relaxation to the exempted establishment with regard to applicability of certain provisions of the said act ..... expression 'so far as may be' has to be construed to mean that those provisions may be generally followed to the extent possible. .....

m.siddiq (D) Thr. Lrs. Vs. Mahant Suresh Das

Court : Supreme Court of India

..... in the meantime, we direct that on 67.703 acres of acquired land located in various plots detailed in the schedule to the acquisition of certain area at ayodhya act, 1993, which is vested in the central government, no religious activity of any kind by anyone either symbolic or actual including bhumi puja or shila puja, shall be permitted or allowed to take place.5. ..... the principle of res judicata as contained in section 11 of civil procedure code as well as the general principles are well settled by several judgments of this court. ..... thakur ganga singh, air1960sc356that a substantial question of interpretation of a provision of the constitution cannot arise when the law on the subject has been finally and effectively decided by this court xxxxxxxxxxxxxxxx as the question raised has already been decided by this court, what remains is only the application of the principle laid down to the facts of the present case. ..... we find sufficient justification to extend this plea to the statute of limitation also, inasmuch as, if the statute pertaining to acquisition cannot be extended to a religious place of special significance which may have the effect of destroying the right of worship at a particular place altogether, otherwise the provision will be ultra vires, the same would apply to the statute of limitation also and that be so, it has to be read that the statute of limitation to this .....

Mohd. Aslam @ Bhure Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3413; JT2003(3)SC426; 2003(3)SCALE466; (2003)4SCC1; [2003]3SCR143; (2003)2UPLBEC1806

..... in the statement of objects and reasons in the bill ultimately leading to the enactment the acquisition of certain area at ayodhya act, 1993 [hereinafter refereed to as 'the act'], it has been stated as follows:'there has been a long-standing dispute relating to the erstwhile ram janma bhumi-babri masjid structure in ayodhya which led to communal tension and violence from time to time and ultimately led to the destruction of the ..... vesting of the adjacent area, other than the disputed area, acquired by the act in the central government by virtue of section 3 of the act is absolute with the power of management and administration thereof in accordance with sub-section (1) of section 7 of the act, till its further vesting in any authority or other body or trustees of any trust in accordance with section 6 of the act ..... another order dated 14.3.2002 in the following terms:'after hearing the learned attorney general, as there was some ambiguity in para 3 of our order dated 13th march, 2002 we correct para 3 of our order as follows.in the meantime we direct that on the 67703 acres of acquired land located in various plots detailed in the schedule to acquisition or central area at ayodhya act, 1993. ..... that one of the purposes of the acquisition of the adjacent properties is the increment of the effective enjoyment of the disputed site by the muslim community in the event of its success in the litigation and acquisition of the adjacent area is incidental to the main purpose and cannot .....

Rajeev Dhawan Vs. Gulshan Kumar Mahajan and ors.

Court : Supreme Court of India

..... the said ordinance was later on replaced by acquisition of certain area at ayodhya act, 1993 (no.33 of 1993) (for short, the 1993 act ). ..... hindu parishad (vhp), which was banned at that time, held dharam sansad in the first week of april, 1994 and after the dharam sansad was over, its president, vishnu hari dalmia and joint general secretary, giriraj kishore made certain derogatory statements concerning this court in the news conference. ..... the attention to the following extracts from indian express news report: ".vhp warns sc not to 'exceed limits' ".addressing to media persons here on saturday vishnu hari dalmia and giriraj kishore vhp president and joint general secretary respectively assailed the apex court for attempting to ".arrogate the power of the executive. ..... ) before this court against vishnu hari dalmia and giriraj kishore, president and joint general secretary of the vishwa hindu parishad and indian express by invoking the jurisdiction of this court under article 129 of the constitution of india. ..... gupta, learned solicitor general, is requested to assist the court as prosecutor in the proceedings for criminal contempt. ..... gupta, learned solicitor general (as he then was) was requested to assist the court as prosecutor in the proceedings for criminal contempt. ..... the court directed that before issue of the notice accompanied by the charges, the registry will have the matter shown to the prosecutor (solicitor general). .....

Lucknow Nagar Nigam Vs. Kohli Brothers Colour Lab Pvt Ltd

Court : Supreme Court of India

..... occurs. in the context of acquisition of certain area under the ayodhya act, 1993, it was observed that the vesting of the disputed area in central government is limited, as a statutory receiver, with the duty of its management and ..... opportunity of being heard, if it is of the opinion that any enemy property vested in the custodian under this act and remaining with him was not an enemy property, it may by general or special order, direct the custodian that such property vested as enemy property in the custodian may be transferred to the person from whom such property was acquired and vested in the custodian.10.15 section 18a, section 18b and section 18c though related to section 18, however, are not relevant for the purposes of ..... 2017, shall have and shall always be deemed to have effect for all purposes as if the provisions of this act, as amended by the said act, had been in force at all material times; (b) any enemy property divested from the custodian to any person under the provisions of this act, as it stood immediately before the commencement of the enemy property (amendment and validation) act, 2017, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the custodian in the .....

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

..... 1994) 6 scc360 14the acquisition of certain area at ayodhya act, 1993 (no.33 of 1993) 15(2008) 14 scc1078 ..... these principles was elaborated in the following manner: what, however, is implicit in the very structure of a constitution on the westminster model is that judicial power, however it be distributed from time to time between various courts, is to continue to be vested in persons appointed to hold judicial office in the manner and on the terms laid down in the chapter dealing with the judicature, even though this is not expressly stated in the constitution.9. in l. ..... therefore, article 309, which, on its express terms, is made subject to other provisions of the constitution, does get circumscribed to the extent to which from its general field of operation is carved out a separate and exclusive field for operation by the relevant provisions of articles dealing with subordinate judiciary as found in chapter vi of part vi of ..... though we have adjudicated the validity of the second and third provisos to section 184(1) of the finance act, 2017, as amended by the ordinance, we find that the amendment to rule 15, made with retrospective effect from 01.01.21, is in conformity with the directions of this court on the subject of hra in ..... raised is that such interim orders have been nullified though such orders were issued on the basis of concession of the learned attorney general and that such orders are couched in the form of mandate, therefore such mandatory orders cannot be nullified.58. .....