Court : Supreme Court of India
..... 7.2 it is pertinent to note that the long title and preamble of the 1949 act was amended, w.e.f. ..... the amended long title and preamble of the 1949 act reads as under: an act to make provision for the regulation and development of the profession of chartered accountants. .....
Tag this Judgment!Court : Supreme Court of India
..... . in addition to the allegations regarding fraud by landowners by suppressing subsequent sale transactions, the second set may also involve ownership title disputes, etc.123 .....
Tag this Judgment!Court : Supreme Court of India
..... has been held that if the state has in substance acquired all the rights in the land for its own purposes, even if the title remains with the owner, it cannot be said that it is not acquisition within the ambit of the second proviso to article 31-a.41. ..... was held that in view of rule 16(ii) of the punjab holdings (consolidation and prevention of fragmentation) rules, 1949 (hereinafter referred to as the consolidation rules ), the title still vests in the proprietary body, and the management of the said lands is done on behalf of the proprietary body. ..... held that, if the state has in substance acquired all the rights in the land for its own purposes, even if the title remains with the owner, it cannot be 39 said that it is not acquisition within the second proviso to article 31-a.34. ..... the state has in substance acquired all 35 the rights in the land for its own purposes, even if the title remains with the owner, it cannot be said that it is not acquisition within the second proviso to article 31-a.11. ..... in paragraph 14, this court held that it was clear that the title remains in the proprietary body and in the revenue records the land would be shown as belonging to all the owners and other right holders in proportion to their areas ..... it does not necessarily imply the acquisition of legal title by the state in the property taken possession of ..... paragraph 12, after reproducing rule 16(ii) of the consolidation rules, this court observed that the title still vests 44 in the proprietary body. .....
Tag this Judgment!Court : Supreme Court of India
..... suit property is concerned, the same is virtually an admitted position from the record because she never challenged the judgment and decree dated 21st may, 1959 whereby the suit filed by her for declaration of title and possession was dismissed by the civil court and she was held only entitled to receive maintenance from the undivided estate. ..... nandkanwarbai, widow of late madho lal filed a civil suit no.11 of 1958 seeking a declaration of title and possession over the suit property contending that the property in question was a joint hindu family property and that the will allegedly executed by late kanwarlal was ..... commissioner who is the reversing authority in his judgment dated 28.03.1957 held that bhonri devi who was paying tax to the municipality in the past, should pay the tax and for question of title the concerned party should seek remedy in the civil courts.17. ..... (deceased widow), it becomes clear that she was never in possession of the suit property because the civil suit was filed by her claiming the relief of title as well as possession and the same was dismissed. ..... it may be reiterated that the issue regarding title and possession over the suit property stands concluded against ..... filed civil suit no.11of 1958 for declaration of title and possession in respect of the suit property. ..... said civil 7 suit was dismissed by the competent court qua the relief of possession and title while recognizing the right to smt. ..... ) that the civil suit for title and possession filed by smt. .....
Tag this Judgment!Court : Supreme Court of India
..... with the taking over of actual possession after the normal procedures of acquisition, the private holding is divested and the right, title and interest in the property, along-with possession is vested in the state. ..... without final vesting, the state s, or its beneficiary s right, title and interest in the property is inconclusive and causes lot of difficulties. ..... act, 1894, upon the payment of compensation and taking of possession of a land so acquired, the land is vested in the state free of encumbrances and the completion of such vesting of the land in the state amounts to the transfer of title from the owner to the state by a legal fiction. in p. ..... as there was no real contest about the title in the property and the appellant-corporation having not filed any affidavit-in- opposition, the high court disposed of the writ petition by an order dated 17.09.2009 directing that the appellant- corporation must hold an enquiry ..... the learned single judge, by an order dated 08.01.2015, recorded the statement of the appellant-corporation that they are unable to controvert the averments made in the writ petition with respect to title and ownership of the property. ..... the specific finding of the high court that the appellant-corporation could not establish its right and the title in the property is significant.6. .....
Tag this Judgment!Court : Supreme Court of India
..... the question to be decided is one of fact, it does not involve an issue of law merely because documents which were not instruments of title or contracts or statutes or otherwise the direct foundations of rights but were merely historical documents, have to be construed. ..... the finding on the title was arrived at by the learned district judge not on the basis of any document of title but on a consideration of relevant documentary and oral evidence adduced by the parties. ..... we are satisfied that the high court clearly exceeded its jurisdiction under section 100 in reversing pure concurrent findings of fact given by the trial court and the then appellate 10 court both on the question of title and that of adverse possession. .....
Tag this Judgment!Court : Supreme Court of India
..... furthermore, since the writ appeal pending before the madhya pradesh high court arises out of the orders passed in relation to the title rights of dennis torry, from whom the applicant purchased the plots in question, the activities, if any, undertaken by the applicant on the said plot of land would also remain subject to the outcome of the said writ ..... an application to the cec seeking permission to construct the health/eco-resort on the land mentioned above asserting that the said chunk of land was not a forest land and had been acquired under valid title deeds and thus, the prayer for permission to construct may be allowed. ..... the title acquired by the applicant over the subject plots not having been challenged, attainted finality and thus the state cannot claim a right thereupon simply because at some point of time, the plots came to be recorded as .....
Tag this Judgment!Court : Supreme Court of India
..... such allotment, this section for the purpose of satisfying and if he is satisfied that the allotment is himself as to the legality or propriety of irregular, he may cancel the allotment, such certificate or as to the regularity of and thereupon the right, title and interest such proceedings and pass such order in of the allottee and of every other person relation thereto as he may think fit: claiming through him in the land allotted provided that no order adversely affecting ..... application of any person aggrieved by an allotment of land under this section inquire in the manner prescribed into such allotment, and if he is satisfied that the allotment is irregular, he may cancel the allotment, and thereupon the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease.12. .....
Tag this Judgment!Court : Supreme Court of India
..... (emphasis added) the respondent no.2 before the arbitral tribunal was sheil, as can be seen from the cause title of the award. .....
Tag this Judgment!Court : Supreme Court of India
..... . the court further observed: the defeasibility of a decree-holder's title where the decree is ex parte is of such common occurrence that the plea of a purchaser for value without notice hardly ..... if the evidence indicates that he had no such knowledge he would be entitled to retain the property purchased being a bona fide purchaser and his title to the property remains unaffected by subsequent reversal of the decree ..... . the latter remains unaffected and does not lose title to the property by subsequent reversal or modification of the ..... he is aware or is expected to be aware of the nature of the title derived by his seller who is a decree-holder auction-purchaser.17 ..... when outsiders purchase from a decree-holder who is an auction-purchaser clearly their title is dependent upon the title of decree-holder auction-purchaser ..... the doctrine of a bona fide purchaser for value also cannot extend to such an outsider who derives his title through a decree-holder auction-purchaser ..... . he is also aware that the title of his assignor or 24 seller is subject to the doctrine of restitution if the decree is ultimately set aside particularly in a case where the decree is an ex parte decree and there is a greater possibility of such a decree being set ..... . unless they are assured of title; the court auction would not fetch a good price and would be detrimental to the decree ..... . their title is liable to be defeated if the title of their seller or assignor is ..... is aware of the nature of the title of his seller or assignor .....
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