Court : Supreme Court of India
..... (iii) annual value for the purpose of arriving at the annual rent which a property may reasonably expected to fetch is not a new concept and has been applicable to the ndmc area until the enactment of the ndmc act in 1994. ..... under the rent act in force during the assessment.78) in state trading corporation, which was a case directly dealing with this very provisions, namely, section 63 of the ndmc act, the court again reiterated in unambiguous terms the only basis for fixation of rateable value is the annual rent at which the land or building might reasonably be expected to let from year to year, subject to the deductions provided under the act .79) even in common parlance, simple language of section 63(1) clearly conveys that the rateable value is the annual rent which the property ..... the outcome of the impugned bye-laws is that if a trust owns a property which is used partly for the residential purpose of its trustees and partly for running a charity, the tax obligation would be many times the amount of tax payable by a house next door which is owned by the individual who resides in it, both on account of the multipliers for non-self occupied and ownership not by an individual. ..... , 2 3 4 (1992) 3 scc169(1972) 2 scc560(1997) 5 scc536civil appeals arising out of slp (c) nos. .....
Tag this Judgment!Court : Supreme Court of India
..... notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions of sub-sections (2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests in the state of kerala shall by virtue of this act, stand transferred to and vested in the government free from all encumbrances, and the right, title and interest of the owner or any other person in any private forest shall stand extinguished. ..... sub-section (1) of section 72k states that as soon as may be after the determination of the purchase price under section 72f or the passing of an order under sub-section (3) of section 72mm, the land tribunal shall issue a certificate of purchase to the cultivating tenant, and thereupon the right, title and interest of the landowner and the intermediaries, if any, in respect of the holding or part thereof to which the certificate relates, shall vest in the cultivating tenant free from all encumbrances created by the landowner or the intermediaries, if any. ..... but by virtue of sub-sections (2) and (3), two categories of lands are exempted or excluded from the application of the provision for vesting. ..... apart from the above, it was held that the certificate of purchase is also a piece of evidence which cannot be totally discarded. .....
Tag this Judgment!Court : Supreme Court of India
..... section 60 of the transfer of property act, 1882 provides that at any time after the money becomes due, the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgage-money to require the mortgagee to deliver the mortgage deed and all documents relating to the mortgaged property, and 22 where the mortgagee is in possession of the mortgaged property, to deliver possession thereof to the mortgagor. ..... when the court of first appeal takes a different view, the judgment of the first appellate court must show the conscious application of mind and record its findings based on the evidence adduced by the parties and the judgment must record the reasons as to why the first appellate court differs from the judgment of the trial court. ..... the writer of this document has no concern with this property and the purchaser has become the absolute owner of the property from this day of today and the ownership and possession of the property has been given by writer of this document to the ownership and possession of the purchaser. ..... that apart, as discussed earlier, the appellant-jamila begum had initiated various proceedings for eviction of the tenants and obtained 18 possession. ..... that apart, the name of appellant-jamila begum was mutated in the records of nagar mahapalika after four years from the date of sale deed which is admitted by respondent no.1-plaintiff-shami mohd. .....
Tag this Judgment!Court : Supreme Court of India
..... the legislature to impose), and (d) whether the impact of is disproportionate to the likely benefit of the measure the protected rights the infringement of the committee reproduced the mauritian supreme court s holding that the provisions of the act which enforced the compulsory taking and recording of fingerprints interfered with the appellant s rights guaranteed under section 9(1) of the constitution,401 but that the law was justifiable on grounds of public interest and public order: we find that it can hardly be disputed that the taking of fingerprints within the applicable legal framework pursues ..... . apart from seeking a direction to declare various sections of act, 2016 as null and void, writ petitioners also prayed for a direction declaring sections 2(h), 2(l), 2(m), 2(v), 3, 5, 6, 7, 8, 9, 10, chapter iv, section 23 read with section 54, section 29, section 30, section 33, section 47, section 57 and section 59 of the ..... xxxxx (3) the beneficial owner for the purpose of sub-rule (1) shall be determined as under (a) where the client is a company, the beneficial owner is the natural person(s), who, whether acting alone or 398 part i together, or through one or more juridical person, has a controlling ownership interest ..... whalen, the court found that retention of patients information such as their name, address and age, under the new york state controlled substances act, 1972, was not in violation of the constitutional right to privacy as the court was satisfied that the .....
Tag this Judgment!Court : Supreme Court of India
..... 1523) that apart, in our view, the tribunal has recorded seven findings of fact as set out above in para 10 while allowing the respondents application filed under section 8 and the same were not interfered with by the high court.24) in our opinion, all the seven findings are otherwise found to be based on documentary evidence filed by the respondents and the same were properly appreciated by the tribunal keeping in view the two requirements of sub section(3) of section 3 of the act, namely, that the title was derived by the respondents in relation to the land in question prior ..... to vest in government (1) notwithstanding anything contained in any other law for the time being in force, or in any contract or other document but subject to the provisions of sub sections(2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests in the state of kerala shall by virtue of this act, stand transferred to and vested in the government free from all encumberances, and the right, title and interest of the owner or any other person in any private forest shall stand .....
Tag this Judgment!Court : Supreme Court of India
..... section 11 of the act of 1972 provided that the surplus land would vest in the state, and would be deemed to have been acquired by the state government free from all encumbrances for a public purpose on payment of a certain amount.16. ..... after the abolition of jagirs by virtue of the himachal pradesh abolition of big landed estates and land reforms act, 1953 (hereinafter referred to as the abolition act ), the late jagirdar or his legal representatives could have claimed the compensation on the land acquisition being made particularly when land has vested in the state of himachal pradesh, the land was not under the personal cultivation, and particularly when they have received the compensation under the abolition act, apart from that had also received the compensation under the ..... the decision has no application to the instant case as the lao in the awards passed, noted the factum of ceiling proceedings as such the effects of the same can always be considered. 48 65. ..... section 27 of the abolition act deals with the vesting of rights of ownership in the government. ..... there can 6 be no manner of doubt that in respect of land which falls within the ambit of s.27(1) transfer and vesting of the rights of ownership to and in the government takes place immediately on the enforcement of the act and thereafter compensation and rehabilitation grant are payable. .....
Tag this Judgment!Court : Supreme Court of India
..... was passed as a result of the report that no mining activity would be permitted in areas where there is a dispute of applicability of the forest (conservation) act, 1980 till such time the dispute is resolved or approval for non-forest activity is accorded under the said act by the central government.9 this court also directed that no mining would be permitted in areas for which a notification under sections 4 and 5 of the plp act has been issued in regulating the breaking up of the land etc. ..... apart from the communication dated 31st august, 1992 referred to above and the response thereto, there was an exchange of letters between departments of the state of haryana with the focal point being the town & country planning department requesting that the land belonging to the applicant may be de-notified and taken out of the purview of the notification issued under the provisions of the plp act ..... , inter alia, to: (i) identify areas which are forests , irrespective of whether they are so notified, recognised or classified under any law, and irrespective of the ownership of the land of such forest; (ii) identify areas which were earlier forests but stand degraded, denuded or cleared.101. ..... month an expert committee to identify areas which are forests, irrespective of whether they are so notified, recognised or classified under any law, and irrespective of the ownership of the land of such forest and also to identify areas which were earlier forests, but stand degraded, denuded or cleared. .....
Tag this Judgment!Court : Supreme Court of India
..... and interest in the suit land by virtue of two 10 re-grant orders (31.03.1973 and 01.04.1973) made by the state in their favour under the kva act of 1961 on the application of the original holders (three patil) and, therefore, the original holders (three patil) were competent to enter into an agreement to transfer the suit land in their favour on 23.03.2001.26) it was also averred that whatever ownership rights in the suit land which the plaintiff and ..... the absence of any adjudication of the right of ownership of the original holders (three patil) on the strength of these two orders by the competent court as against the other stakeholders having an interest in the suit land and especially the legal representatives of shah veljee kanjee, it is not possible to give any benefit of these two orders in 30 favour of the original holders (three patil) in these proceedings.79) that apart, what is the effect of passing of the two orders on the rights, title and interest of the purchasers of the ..... the date of dispossession (article64) and when the possession of the defendant becomes adverse to the plaintiff (article 65).64) as held supra, the original holders (three patil) failed to file the civil suit against the plaintiff claiming possession of the suit land on the strength of their new title namely, re-grant in relation to the suit land, within 12 years from the date of re-grant and, therefore, by virtue of section 27 of the limitation act, their all rights, title and interest in the .....
Tag this Judgment!Court : Supreme Court of India
..... procedure and powers of the special courts: (1) the special court may, either suo motu or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed, whether before or after the commencement of this act, and pass such orders (including orders by way of interim directions) as it deems fit; 6. ..... additional issue framed on 12.09.1994 whether the judgments operate as res judicata and whether the applicants are estopped from contending that they are the owners of the schedule property by virtue of the said judgments?. c.a. ..... instead, as far as os no.991 of 1987 is concerned, after the dismissal of the suit for non-prosecution, the appellants preferred an application for restoration which was dismissed as also perhaps a revision petition. ..... learned counsel for the appellants urged before us that the proceedings instituted by the appellants before the civil court after 1982 were not maintainable in view of the provisions of the act and the decree passed by the civil court was a nullity. ..... this is quite apart from the fact that if the contention of the appellants is that the suits instituted after 1982 are not maintainable, then even the report of the local commissioner is without jurisdiction.20. ..... section 8(1) of the act is important and reads as follows: c.a. .....
Tag this Judgment!Court : Supreme Court of India
..... in view of the above, it is not necessary to deal with the argument as to whether doctrine of proportionality is applicable in the instant case or not. ..... that apart, section 31 of the tp act is enough to meet the aforesaid contention. ..... & anr.3 the high court, however, took the view that the aforesaid judgment had no application to the facts of these cases at hand.13. ..... there is no legal basis for such a demand, more so, after the registration of the sale deeds in favour of the respondents thereby transferring the ownership in these plots in their favour.22. ..... in these writ petitions, one of the primary contentions of the respondents was that once sale deeds had been executed by the appellant- corporation resulting in conferring upon the respondents absolute ownership of the plots in question, the appellant-corporation had no power to cancel the allotments.5. ..... during this period, sale deeds were also executed by the appellant-corporation in favour of the respondents, after receiving full consideration of the plots in question, thereby transferring the ownership rights in favour of the respondents herein. ..... as per this provision, when the buyer discharges obligations and seller passes/conveys the ownership of the property, the contract is concluded. .....
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