Judgment Search Results Home > Cases Phrase: apartment ownership act 1972 section 4 status of apartments Court: orissa Page 1 of about 17 results (0.042 seconds)

Sachalabala Sethy and ors. Vs. Chief Secretary and Chief Development C ...

Court : Orissa

..... by pleader and shall, after hearing all such 56 objections and after making such further inquiry, if any, as he thinks necessary, (either make a report in respect of the land which has been notified under section 4, sub-section(1), or make different reports in respect of different parcels of such land, to the appropriate government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of ..... scheme sponsored by government or by any authority established by government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860, or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any ..... no question of any agreement with the company as three eventualities described under section 40 of the act are no.available for the simple reason that the basic idea for the acquisition under part vii of the act is the total transfer of the ownership of the acquiring land in favour of the company. ..... said that there has ever been any transfer of interest in the land in favour of the kvk, apart from what is contained in the lease deed and the title of such land continues to be vested in ..... batch of writ application which is quoted hereunder: land status of kvk nilachal power pvt. .....

Jaisingh @ Gujarmal Salopal Vs. Smt. Rajendra Kaur and ors.

Court : Orissa

Reported in : 62(1986)CLT268; 1986(II)OLR232

..... conclusion is reached, then the petitioner would be hit by the mischief of the doctrine of estoppel contained in section 116 of the evidence act which completely debars a tenant to deny the title of his landlord.apart from this fact, the petitioner has clearly admitted the fact of payment of rent to opposite party no. 1 ..... 1 which cannot be said to be bona fide on the evidence on record, the pre-conditions mentioned in section 7(2) of the act for passing an order for ejectment of the petitioner have been fully established.the writ application therefore has no merit ..... not on her own behalf as the landlady but on behalf of her mother-in-law, she was covered within the definition of 'landlord' and entitled to maintain the action for the petitioner's ejectment.section 7( i) of the act does not postulate that the 'landlord' should be owner of the suit premises. ..... an application before the house rent controller against the petitioner under section 7(2)(i) of the orissa house rent control act, 1967 (hereinafter called the 'act') for eviction of the petitioner from the house bearing holding ..... proof of ownership therefore cannot be regarded as sine qua non for the maintainability of the suit for ejectment brought under section 7 (2)(ii) li find support for ..... as a witness, was not entitled to maintain the action for adjustment.i have already referred to the findings of the controller which are said to be based on various documents filed by opposite party no 1 to prove her ownership to the house. .....

K.C. Gajapati Narayana Deo and ors. Vs. the State of Orissa

Court : Orissa

Reported in : AIR1953Ori185

..... make provision for other matters connected therewith; it is hereby enacted as follows: etc,' the transference of the ownership of the estates from the proprietors to the state is brought about by the definition of the words 'estate', 'intermediary' and 'date of vesting' taken with the provisions of section 3 of the act, which empowers the state government to declare by notification from time to time that the estates specified in those ..... natural attributes of just compensation is equitable, it is relevant to bear in mind the nature of the right of property sought to be compulsorily acquired and the question whether it has acquired socially -- apart from legally -- such an unchallenged and inviolable character as to attract all the alleged natural attributes of just compensation ..... . it appears to me, therefore, that it is a mistake to equate the word 'intermediary' as defined, with a person who holds an intermediate status between the tiller and the state, though in a general way, it is so even as regards those specified in the first clause of the definition, or to confine that connotation only to such ..... resources and from enhancing their average income during the period commencing from 1947 and ending on the date when the notification under the abolition act is to be issued, while the gross assets taken for computation of compensation under section 26(2) of the act are the assets or income from various sources as they obtained 'in the previous year' that is, the agricultural year preceding the .....

Giridhari Rautray and Prahallad Rautray Vs. Sarat Chandra Rautray and ...

Court : Orissa

Reported in : 1996(II)OLR649

..... of any transaction affecting the properties for want of registration and further no oral evidence can be given to prove the terms of the partition in view of section 91 of the evidence act, though the document could be used for 'collateral' purpose for proving the severance of joint family status it would not be admissible to prove the nature of possession subsequent to the execution of the document because that would be using the document virtually for proving the allotment of the ..... that apart, since the property also formed the subject-matter of the panchayat faisalanama dated 30-1-1970 on which the petitioners rely, it is rather admitted case of the petitioners that the property has assumed the character of joint family property and therefore the petitioners claiming exclusive ownership over the property does not arise. ..... mukherji that 'collateral' transaction would mean as binding the opposite parties in regard to relinquishing their share in the property, then that itself would amount to creation of title and ownership in favour of the petitioners in respect of the property so relinquished. ..... that apart, the court in para 24 of the judgment observed that :'the court has also clearly laid dawn that a family being binding on the parties to the arrangement clearly operates as an estoppel so as to preclude any of the parties who ..... 30-1-1973 and there was transfer of ownership 'in presentee'. .....

Benudhar Padhan Vs. Madan Dharua and Another

Court : Orissa

..... mishra, learned counsel appearing for claimant- respondents submitted that the sole question to be determined is as to whether without transfer of ownership of the tractor in the name of the appellant by necessary entry in registration book, the award passed by the learned tribunal saddling the liability on the appellant for payment of awarded amount is ..... an application for payment of compensation is filed before the tribunal constituted under section 165 of the act for adjudicating upon the claim for compensation in respect of accident involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, ..... s case is that respondent no.1 claimed compensation before the tribunal under section 166 of the motor 2 vehicles act on account of death of her husband meghu dharua in a vehicular ..... section 50 deals with change of ownership ..... the parties but also on the basis of conditions 6 to 7 (supra), which go to show that the owner had not merely transferred the services of the driver to rsrtc but actual control and the driver was to act under the instructions, control and command of the conductor and other officers of rsrtc. . ..... form, part-ii for use of the transferee, ext.7 and the affidavit sworn before the notary public, bargarh (ext.8) shows that ownership of the offending vehicle has been transferred to b. ..... apart from the documents, 7 evidence of the witnesses shows that the appellant is the owner of the .....

Pragnya Rout Vs. Hemaprava Ray and ors.

Court : Orissa

Reported in : AIR2006Ori21; 100(2005)CLT746; 2005(II)OLR330

..... from challenging the findings arrived at by the court below that chiranjilal had no connection with any intermediary estate, as prior to the vesting, the suit land had already been transferred with ownership in the name of chiranjilal thereby the proprietary right of the intermediary had extinguished; and that chiranjilal was never a tenant under any intermediary, but was exclusive owner of the suit land, ..... title and interest suresh had in the suit land got extinguished, in view of the aforesaid discussions, particularly on the face of the draft ror, ext.5, prepared in favour of suresh with sthitiban status, and the notifications issued time and again to initiate suo motu proceedings for settlement of lands in favour of defaulting intermediaries who had failed to apply in time and the decision of this court in ..... circular dated 14.2.1977 the government of orissa in the revenue department inter alia stipulated that the extension of time for filing of applications under section 7 of the o.e.a.act should be granted and settlement should be made by suo motu action by the tahsildar, bhubaneswar without waiting for the petitions from the ..... apart, the tenants inducted by an intermediary who were in possession of the land prior to or on the date of the vesting are to continue in same status ..... 4 had been exercising their absolute right of ownership and possession of the suit land, without any interruption and therefore ..... as denoting on one side or the other a claim to the ownership of the land. .....

Khirodini Mohapatra and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2009Ori176

..... was set apart for maintenance of a hindu widow and which was in her possession prior to commencement of hindu succession act, 1956 became her absolute property within, the meaning of sub-section (1) of section 14 of the act. ..... deed of settlement executed in the year 1951 and as she was possessing the same in consonance with the said deed, the case would be squarely covered under sub-section (2) of section 14 of the hindu succession act, 1956 and suryamani can never acquire absolute right over the properties settled by a deed executed in 1951. ..... by virtue of section 14 hindu women's estate was abolished and it conferred on the women absolute ownership over all her property howsoever ..... where the disputed lands were situated, was brought within the fold of the orissa consolidation of holdings and prevention of fragmentation of land act, 1972, hereinafter to be called as 'the consolidation act', in short, land register was prepared and published. ..... supreme court explaining the amplified scope of section 14(1) has observed that where some property was given to a hindu widow by way of her maintenance under a settlement or award, by the members of a joint hindu family, that property shall become her absolute property, if she was in possession of that property in lieu of her pre-existing right of maintenance, and her limited rights would be blossomed into full ownership rights and she would be entitled to ..... over stridhan property, women had full ownership and on her death it devolved on .....

Halim Mohammed and ors. Vs. Commr. of Cuttack Municipality and ors.

Court : Orissa

Reported in : AIR1956Ori92; 22(1956)CLT119

..... misra, however, claimed that the title to the property had vested in the municipality by reason of the statutory provision in the bihar and orissa municipal act, apart from the question of adverse possession by the general public. ..... even if the presumption of a grant or dedication to the public is made by reason of the exclusive and continuous user by the public, the question may still arise whether the dedication was of the entire ownership of the land or merely of the right of user in it.as was observed by mookerjee j. ..... 'road' is defined in section 3(24) of the act as meaning 'any road, bridge footway, lane, square, court, alley or passage, which the public or any portion of the public has a right to pass along ..... the relevant provision is embodied in section 58 of the act, which describes what municipal property is ..... held that the plaintiffs had lost their title the trial court further laid down the proposition that the suit lands 'automatically vested' with the management of defendant 1 (cuttack municipality) under section 58, bihar and orissa municipal act. ..... the section reads as follows:'all property within the municipality of the nature hereinafter in this section specified, other than private property or property maintained by government or another local authority shall vest in and belong to the commissioners and shall, with all other property of what nature or kind so ever, which may ..... 'this section in express language makes a distinction between private property and municipal .....

Pitabas Pradhan Vs. State of Orissa

Court : Orissa

Reported in : 93(2002)CLT239; 2002(I)OLR379

..... in that connection the conviction under section 18 of the act is considered only with respect to the allegation of possession of opium in as much as there is no valid charge for the offence under section 20(b) of the act and apart from that for the following reasons and conclusion, no useful purpose will be ..... it is, therefore, not proper to rely on that hand written portion.apart from that, section 2(xv) of the act defines the term 'opium' and reads as hereunder :'(xv) 'opium' means :(a) the coagulated juice of the opium poppy; and ..... , kamakshyanagar committed the case to the court of sessions judge, dhenkanal in the absence of a special court constituted under section 36(1) of the act by that date and learned sessions judge on 23.2.1989 transferred the case to the file of assistant sessions judge, kamakshyanagar for trial ..... it appears from the charge framed that though appellant was charged for the offence under section 18 of the act but the fact in support of it was stated to be because of the accused being found in possession ..... such circumstance, prosecution evidence does not prove the factum of ownership and possession of the betel shop and the contraband articles ..... were seized belongs to the accused or that the articles were seized from his possession, (2) that, the seized article was opium, (3) that, the procedure contemplated in the act relating to search and seizure were not complied with and, above all, (4) that, there is no independent corroboration to the version of p.ws. .....

Mahima Byasadeba Gadi and ors. Vs. Dinabandhu Mohanty and ors.

Court : Orissa

Reported in : AIR1960Ori16

..... act.it is worthwhile to quote here the definition of 'sale' in section 54: ' 'sale' is a transfer of ownership in exchange for a price paid or promised or part-paid and ..... it is true that the deed of compromise mentions also the promise in question, but apart from the fact that this promise was valueless, there is hardly any instrument of sale which does not contain some stipulations by the parties; and if the addition of a covenant by the transferee would ..... is relied upon by the plaintiffs as the basis of their case as a transaction of sale does not satisfy the conditions of sale as defined in section 54 of the transfer of property act, and as such, the transaction is not valid to convey title as a sale. ..... c is a valid transaction to convey title as a transaction of sale as contemplated under section 54 of the transfer of property act on the accepted findings that no cash consideration passed or was intended to pass under the transaction, but the only consideration was forbearance on the part of the present ..... by their lordships in paragraph 16 of the report are in connexion with the definition of 'sale' as 'the exchange of property for, a price involving the transfer of ownership of the thing sold from the seller to the buyer. ..... inimitable language expressed as follows:'i think the word price was put into the section to connote something different and something more limited, that is, money. ..... sales, a sale being defined 'as a transfer of ownership in exchange for price paid or promised. .....