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Judgment Search Results Home > Cases Phrase: vest Court: kerala Page 1 of about 11,447 results (0.027 seconds)

Aug 14 1970 (HC)

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1971Ker98

..... the landlord's rights by cultivating tenants and sections 65 to 71 making special provisions for a landowner who is a religions, charitable or educational institution of a public nature giving such institutions the right to choose whether the land should be vested in the government instead of being purchased by the tenant in consideration of the payment of an annuity in perpetuity by the government, or in case the land is pur chased by the tenant to choose whether it should be paid such ..... court repelled the argument and said that a charity created by a private individual is not immune from sovereign's power of compulsory acquisition for public mirposes, and that the vesting of the properties in the state under the provisions of the act in question there would not in any way affect the charity adversely because the net income that ..... to consider, while section 72-r which requires the cultivating tenant to pay jenmikaram under the kanam tenancy act where the right, title and interest of the kanam tenant have vested in him or in the government only transfers the liability from the kanam tenant who has disappeared to the cultivating tenant who has taken his place. ..... what the ceiling area shall be in respect of several classes of persons, while section 85 provides for the surrender of excess lands, section 80 for the vesting of excess lands, in government, section 88 for the compensation to persons surrendering land and sections 90 and 91 for the determination of the amount of compensation .....

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Feb 20 1986 (HC)

State of Kerala and anr. Vs. Venmony Panchayat and anr.

Court : Kerala

Reported in : AIR1987Ker8

..... made, laid or erected and whether made, laid or erected at the cost of the panchayat or otherwise, and also any adjacent land (not being private property) appertaining thereto shall stand transferred to, and vest in, the panchayat : provided that nothing contained in this sub-section shall apply to any work which is, or is connected with, a work of irrigation or to any adjacent land appertaining to any such work. ..... the claim of the panchayat inter alia contending that achankovil river being a major river flowing through more than one panchayat area, no part of its water course stood vested in the venmoney panchayat, even though the said river flows through the panchayat area of the said panchayat. ..... a certified copy of the proceedings of the collector of cannahore as per which an approved list of lands vested in the panchayat under section 82 of the kerala panchayats act, was directed to be delivered to the panchayat ..... of a notification, the river in question which flows through more areas than one panchayat area stands transferred to and vest in the panchayat.for the reasons stated above, this appeal fails and it is dismissed. ..... the case of the first respondent-panchayat is that the land stands transferred and vested in the panchayat under section 82(1) of the act, it being part of the water ..... that section 82 of the panchayats act can have no application in respect of land appertaining to the baliapattam river vested in the government under section 3 of the kerala land conservancy act. .....

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Oct 09 1990 (HC)

Kerala Clays and Ceramic Products Ltd. Vs. Tax Recovery Officer and or ...

Court : Kerala

Reported in : [1991]190ITR164(Ker)

..... of the company, and the right, title, interest and liabilities of the company in relation to its undertakings which have vested in the government under section 3, except any undertaking or undertakings specified in the notification and the right, title, interest and liability in relation to the undertaking or undertakings so specified shall, instead of continuing to vest in the government, vest in a government company either on the date of the notification or on such earlier or later date (not being a date ..... interest and liabilities of the company in relation to all or any of its undertakings vest in a government company under sub-section (1), the government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to the undertaking so vested, and all the rights and liabilities of the government in relation to such undertaking shall, on and from the date of such vesting, be deemed to have become the rights and liabilities of the government company. ..... it is reiterated that the government is not bound to pay liabilities which arose prior to the date of vesting, and under section 7(4), the government is liable only for unspecified liabilities which arise in future. ..... the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the government, or where the undertakings of the company are directed under section 6, to vest in a government company, against that government company.' 11. .....

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Nov 30 2015 (HC)

Nayarambalam Grama Panchayath represented by its Secretary Vs. Kuthrat ...

Court : Kerala

..... or erected and whether made, laid or erected at the cost of the panchayat or otherwise, and also any adjacent land, not being private property appertaining thereto shall stand transferred to, and vest absolutely in the village panchayat: provided that nothing contained in this sub-section shall apply to any work which is, or is connected with, a work or irrigation or to any adjacent land appertaining to any such ..... or erected and whether made, laid or erected at the cost of the panchayat or otherwise, and also any adjacent land, not being private property appertaining thereto shall stand transferred to, and vest absolutely in the village panchayat: provided that nothing contained in this sub-section shall apply to any work which is, or is connected with, a work or irrigation or to any adjacent land appertaining to any such work ..... the property of the grama panchayat is to be settled and managed is in the domain of grama panchayat with whom kuthrathode is vested and we are of the view that no fetter can be read in the said right on the basis of exts.p3 and p4 ..... appellant challenging the judgment of the learned single judge contends that the kuthrathode having been vested in the panchayat, the panchayat has every right to settle fishing right by public auction ..... " a reading of the proviso to s.218(1) and its proviso, therefore, shows that the vesting as contemplated under the section shall not apply to any work which is, or is connected with, a work of irrigation or to any adjacent land .....

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Mar 01 1972 (HC)

Purappuzha Panchayat Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1972Ker241

..... that, before issuing such a notification, the government shall consult the panchayat concerned and give due regard to its objections, if any;(3) the government may, by notifi-cation in the gazette, order the transfer to, and vesting in, a panehayat, of any public road or class of public roads in the panchayat and thereupon such road or roads shall, notwithstanding anything contained in sub-section (1), but subject) to the other provisions of this act, ..... -- (1) all public roads in any pancha-yat area other than roads classified as national highways, state highways and the roads of the malabar district board, shall vest in the panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage works, tunnels and culverts, whether made ..... in support of this it was submitted that the word 'vest' was used in section 62 (1) as it stood before the amendment and therefore it must be taken that section 62 (1-a) when it refers to 'such vesting' it was referring to the vesting under the amended act and therefore the rights and liabilities in relation to the properties stood transferred with effect ..... the provisions of this act, all rights and liabilities of the government in relation to the public roads and other properties, materials and things vested in the panchayat under sub-section (1) or sub-section (3) shall, from the date of such vesting, be the rights and liabilities of the panohayat. .....

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Aug 18 2011 (HC)

Kerala State Industrial Development Corporation, Thiruvananthapuram, R ...

Court : Kerala

..... the points which arose for consideration in that case were whether mineral rights in pattadar lands vest in the pattadar and not in the state and whether the mineral rights in malabar area vest in the pattadar and whether there is likelihood of discrimination between members of other parts of kerala. ..... it was held that the vesting of mineral rights in the state was held to be independent of and unaffected by the central act of 1957 which only deals with regulation and development and therefore the proclamation of maharaja of travancore dated 14.6.1881 fixing the ..... (i) whether the granite rocks existing above the surface level belongs to the owner of the land or did it vest in the government? .....

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May 02 1979 (HC)

State of Kerala Vs. Amalgamated Malabar Estates (P.) Ltd. and anr.

Court : Kerala

Reported in : AIR1980Ker137

..... 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 the act, stand transferred to and vest in the government free from all encumbrances and the right, title and interest of the owners or any other person in any private forest shall stand extinguished. ..... panikara malavaram situated in resurvey 1/i of puduppadi village, kozhikode taluk and in the case of the second company 340 hectares of land by name poithana malavaram of pallperuvanna village, quilandy taluk, kozhikode district) have not vested in the government under the kerala private forests (vesting and assignment) act, 1971, (hereinafter referred to as 'the act'). ..... (weaving) company, limited, and the respondents are the custodian of vested forests, agricultural forest (special) palghat and the state of kerala. ..... 235 of 1977 is an appeal by the state of kerala and the custodian of vested forests, palghat from a common decision passed by the forest tribunal, calicut on two separate applications filed ..... for the purpose of using its timber later or for other purposes will not come within the exemption contained in section 2 (f) (1) (i) (c) of the act and therefore such lands are vested in the government under section 3 of the act. ..... of the state and the custodian allowed the applications declaring that the eucalyptus plantations described in the petitions do not vest in the government under section 3(1) of the act.2. .....

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Jul 13 1977 (HC)

Canara Bank and ors. Vs. Appellate Authority and ors.

Court : Kerala

Reported in : [1978]48CompCas800(Ker); [1977(35)FLR260]; (1978)ILLJ324Ker

..... from the mere factthat the government have some control or that their assets vest in thegovernment or that some high officials of the government are on thegoverning body, it cannot be said that the bank is an establishment underthe government. ..... section 5 deals with the general effect of vesting and the manner in which the transfer or vesting of any asset or liability has to be effected. ..... (3) the entire capital of each corresponding new bank shall stand vested in and allotted to the central government. ..... section 4 provides that on the commencement of this act the undertaking of every existing bank shall be transferred to, and shall vest in, the corresponding new bank. ..... --on the commencement of this act, the undertaking of every existing bank shall be transferred to, and shall vest in, the corresponding new bank. ..... undertaking of existing banks to vest in corresponding new banks. .....

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Sep 27 1968 (HC)

P.M. Kurien Vs. P.S. Raghavan and ors.

Court : Kerala

Reported in : AIR1970Ker142

..... in the absence of provision to the contrary in the rules governing the matter, whether they be statutory or otherwise, the internal administration of a college must necessarily vest in its principal as the head of the institution and it follows that matters like the discipline of the students and their detention or promotion must be within his control. ..... but, as we have seen, it is the case of the appellant that those orders have been violated, for, according to him, those orders vest the person appointed to hold the inquiry with exclusive jurisdiction to pronounce on his guilt or innocence, leaving for the college council only the power of passing appropriate consequential orders. ..... but, even if it was intended to deprive the principal of powers which would otherwise vest in him, we should think that, in substance even if not in form, the decision was taken by the college council and that the impugned order by the principal was only a communication of that decision.21. .....

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Jun 25 2002 (HC)

Nature Lovers Movement Vs. State of Kerala

Court : Kerala

Reported in : AIR2003Ker18

..... provisions of sub-sections (2) and (3), 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. ..... thus, in our judgment, irrespective of what is provided in section 10 of the state act, 1971, all such forests which are vested in the state government by reason of the conditions of section 3(1) of the said act cannot be assigned except with the prior approval of the central government as a result of the overriding provision contained in section 2 ..... tribunal under section 7, under section 8(1) it is provided that where any dispute arises as to whether-(a) any land is a private forest or not; or (b) any private forest or portion thereof has vested in the government or not, the person who claims that the land is not a private forest or that the private forest has not vested in the government, may make an application in the prescribed form to the tribunal for decision of the dispute. ..... assignment of private forests:- (1) the government shall after reserving such extent of the private forest vested in the government under sub-section (1) of section 3 or of the lands comprised in such private forests as may be necessary for purposes directed towards the promotion of agriculture or the welfare of the agricultural population .....

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