Court : Himachal Pradesh
Reported in : AIR1981HP8
..... (b) transfer of such lands is made by the landowner by way of sale, gift or exchange, section 4 is as under:'4 (1) : the collector shall call for from panchayats in his district, the record of leases, contracts or agreements entered into by the panchayats in respect of any land vested in the panchayats under the punjab village common lands (regulation) act, 1961. ..... the sale, therefore, was held to be of unascertained goods which were ascertainable from time to time during the period that the agreement remained in existence, and under section 18, sale of goods act, the property in the trees could not pass so long as the ascertainment had not been made.25. ..... this is apparent from the definition of 'immoveable property' given by sub-section (26) of section 3 of the general clauses act, which reads thus :--' 'immoveable property' shall include land, benefit to arise out of land, and things attached to the earth, or permanently fastened to any thing attached to the earth;'13. ..... section 2 (6) of the registration act, expressly says so and, though the t, p, act does not define immoveable property beyond saying that it does not include 'standing timber, growing crops or grass', trees attached to earth (except' standing timber) are immoveable property, even under the transfer of property act because 6f section 3 (26) of the general clauses act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... in consideration of extinguishment of rights in the kutlehar forest is in conformity with the provisions of section 6 of the act; whether property belonging to, or any right, liability or obligation attaching to the grantee vests in the government and whether any agreement or other contract referred to in section 12 has been entered into bona fide or not.25. section 14 provides for penalties for committing breach of directions given under section 10 of the act and other provisions, while section 17 enables the government to make rules to carry out the purposes of ..... . it vested in the village panchayats of the area under the provisions of the punjab village common lands (regulation) act, 1961 and thereafter in the state of himachal pradesh under the himachal pradesh village common lands (vesting and utilisation) act, 1974 ..... . in the words of lord evershed, 'property like other interests has a social obligation to perform' (the judicial process in twentieth century england 1961.61 col. l.r .....
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