Judgment Search Results Home > Cases Phrase: vest Court: rajasthan Page 1 of about 9,479 results (0.019 seconds)

P. Paliwal and ors. Vs. Hindustan Zinc Limited and ors.

Court : Rajasthan

..... the act of 1976 says the general superintendence, direction, control and management of the affairs and business of the undertaking of a metal corporation, the right, title and interest in relation to which have vested in the central government under section 7, shall vest in the government company specified in sub-section (1) of section 9, and that company shall be entitled to exercise all such powers and do all such things as the metal corporation was authorized to exercise ..... by this act of 1976, the act of 1966 was repealed and as per sub-section (1) of section 4 of the act of 1976, the undertaking of the metal corporation, which had been transferred to, and vested in, the central government by virtue of the provisions of section 3 of the act of 1966 together with all its properties, assets, liabilities and obligations specified in sub-section (1) of section 4 of the act ..... formation of government company for management of undertaking.for the efficient management and administration of the undertaking of the company vested in the central government by virtue of this act, that government may form a government company in accordance with the provisions of the companies act, 1958 and on the formation of such company the ..... acts of 1965 and 1966, it is clear that it was the decision of the government of india to form a government company hzl to whom the government of india may vest and transfer all the assets, liabilities including employees etc of the metal corporation of india. .....

Ram Chandra Kasliwal Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2004(3)Raj1788; 2004(4)WLC17

..... instituted by, for, or against the trust may be continued or instituted by, for, or against the authority;(n) all properties movable and immovable and all rights, title and interest in any property vested in the trust shall vest in the authority and all such properties in possession of the trust shall be deemed to be in possession of the authority;(o) all rents, fees and other sums of money due to the ..... as from the date of the constitution of the authority for the jaipur region under this act, hereinafter referred to as such constitution- (a) the urban area of jaipur shall cease to vest in the urban improvement trust, jaipur (hereinafter referred to as the trust) and the trust shall cease to exercise jurisdiction or the function in that area;(b) the trust functioning in the area ..... belonging to the trust and relating to the development or improvement of such area, including the plans and schemes and papers relating thereto, as are referred to in clause (f) shall vest in and stand transferred to the authority;(h) every officer or servant serving sunder the trust immediately before such constitution shall, on or from such constitution, be deemed to have been transferred ..... belong to the board, and shall together with all other property of whatsoever nature or kind not being specially reserved by the state government, which may become vested in the board, be under its direction, management and control, and shall be held and applied by it as trustee subject to the provisions and for the .....

Chauthmal Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1971WLN213

..... 80(1) is applicable to sale of nazul lands by municipal boards was not considered in that case at all, nor was a categorical finding given that nazul lands placed at the disposal of the boards under the notification dated 8-10-59 do not vest in the boards.we have very carefully examined the bench decision and agreeing with the learned single judge, we are unable to find any categorical finding in the bench decision that the nazal lands do not ..... bhargava that by virtue of the notifications issued by the government referred to above placing the nazul land at the disposal of the municipal board for sale the land belonging to the government vested in the municipal board, we cannot accept the argument that the sale could be effected only in accordance with the provisions of section 80(vii) of the rajasthan municipalities act, 1959,proceeded to give reasons for their view, ..... it appears to us that the main controversy before the learned single judge was with regard to the vesting of the nazul land in the municipal board and the controversy in the pointed form in which it has been raised before us does not appear to have been agitated and the learned single judge had no occasion to ..... on a proper interpretation, it appears reasonable to hold that section 92(2)(e) of the act refers to property not only vesting in but al o belonging to the municipal board and the property belonging to the government and not to the municipal board, can not be covered by section 92(2)(e) of the act.4. .....

Banshidhar and ors. Vs. State

Court : Rajasthan

Reported in : AIR1977Raj46

..... which, in his opinion, is not capable of any other interpretation except that sub-section (5) when read with sub-sections (3) and (4) clearly manifests the intention that the land held in excess shall vest in the state government only when such land has been either surrendered by the land-holder under sub-section (2) of section 30-e or the land-holder after he was declared a trespasser under sub-section ..... the land is factually surrendered or the land-holder has been actually ejected from such excess land treating him to be a trespasser under sub-section (4) the land of the land-holder shall not vest in the government but sub-section (5) in our opinion is not very relevant to determine the rights of the state accrued under sub-section (1) of section 30-e and the obligation cast on the ..... authority lays down that if the interest does not depend upon some event or condition which may or may not happen or be performed then the interest or right is called the vested right meaning thereby that when there is an immediate right of present enjoyment or a present right of future enjoyment, then, such a right shall be deemed to have accrued to ..... singhvi went to the extent in making his submission that if the right created in favour of the state by the statute under section 30-e (1) (a) without a right which really vested in the state even then such a right cannot be taken away by a subsequent legislation and on the basis of such inchoate right the state could claim protection under section 6 .....

Smt. Sushila Kumari and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1996(1)WLC96; 1995(2)WLN377

..... to the compensation commissioner but if not such dispute is raised and it is admitted that petitioners have some agricultural lands in their cultivation and are shown in the inventory then too such lands as form the date of vesting these will vest in the state government as per section 7 and 8 of the act of 1963 and as they are in personal cultivation of the landowner they will become his khatedari lands as from the date ..... obligation has been cast on the government that the land which is its personal cultivation of the landowner and in which there are no tenants, although, it may forms part of the estate of the landowner and will vest in the government and the government will become its owner but tenancy rights as a khatedar tenant will accrue to the ex-ruler about this land and therefore, that land will ..... the consequences of acquisition are provided in section 8 and it provides that right, title and interest of the landowner and of every other person claiming through him in his estate, shall stand acquired by and vested in the government free from all encumbrances and shall be utilised by it for the purpose of carrying out agrarian reform in accordance with the provisions of this act. .....

J.K. Udaipur Udhyog Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : [2003]131STC176(Raj); 2003(1)WLN281

..... claim exemption once the scheme is applicable to a sick industrial unit in the manner provided, to the extent the benefit is made available within the specified period under the scheme as a whole are not rights vested on the date the benefit of scheme is extended to the petitioners and right to enjoy the benefits for succeeding years are the rights that come into existence in future, and therefore, can be affected by subsequent ..... scope of rule against retrospectivity of a law unless distinctly and expressly designed otherwise in re pulborough parish school board election, bourke v, nutt (1894) 1 qb 725:'every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation or imposes a new duty or attaches a new disability in respect of a transaction already past must be presumed to be intended not to have a retrospective effect.'65. ..... event, change takes place not because of any subsequent alteration in the scheme, but because under the scheme only such benefit in its comprehensive sense become vested ex hypothesi on the date of completion of application on the basis of its actual classification as eligible unit as per the scheme as on that ..... . the question is only whether under the existing law on a particular date any rights have come to be vested or accrued to the petitioners which gives rights not only to avail the benefits in present but also to avail such benefits in future up to a specified limit and within specified period if such right .....

Union of India (Uoi) Vs. Municipal Council and ors.

Court : Rajasthan

Reported in : RLW2007(3)Raj2284

..... of commencement of the constitution that the mere fact that such property and assets were held immediately before such commencement would have the effect of vesting such property in the union government provided of course the purpose for which they were being used for fall in one of the entries in the union list.15 ..... critical examination of the aforesaid provision would make it clear that all properties and assets which immediately before the commencement of the constitution were vested in any indian state corresponding to a.state specified in part b of the first schedule shall vest in the union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the ..... the said provision clearly provides that 'all properties and assets which immediately before such commencement were vested in any indian state corresponding to a state specified in part b of the first schedule shall vest in the union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the ..... -(1) as from the commencement of this constitution-(a) all properties and assets which immediately before such commencement were vested in any indian state corresponding to a state specified in part b of the first schedule shall vest in the union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the union relating .....

Ganpat Lal and ors. Vs. Rajasthan Housing Board and ors.

Court : Rajasthan

Reported in : RLW2004(2)Raj1208; 2004(2)WLC146

..... it must accordingly be held that the effect of the land acquisition proceedings was only to extinguish the rights of the occupants in the lands and to vest them absolutely in the government, that the right of the latter to levy assessment was not the subject-matter of those proceedings, and that if after the award the lands were not assessed to revenue, it was ..... under section 16, when the collector make an award 'he may take possession of the land which shall thereupon vest absolutely in the government free from all encumbrance'. ..... . khatedar-tenants only have a heritable right which can be said to be a vested right, a kind of interest in the property ..... under that section, the lands vest in the government 'free from all other estates, rights' titles and interests', which must clearly mean other than those possessed by the government, it is on this understanding of the section that the award, exhibit p, is framed. ..... neither of them bears on the acquisition of land.under section 16 of the land acquisition act (i of 1984) the making of an award and taking possession of the land vest the property absolutely in the government. ..... owner of a franchise can sue for damages when land necessary for the exercise of his rights has been acquired without notice to them; it does not deal with the validity of the award and the vesting of the land thereunder. ..... . thus in this view of the matter also, it can not be said that there was any ownership of land vested in the petitioners .....

Sajjansingh Vs. the State of Raj. and Two ors.

Court : Rajasthan

Reported in : 1979WLN(UC)32

..... the learned counsel for the petitioner has placed reliance on the observation's in banshidhar's case to the effect that under section 30e of the tenancy act, the surplus land, does not vest in the state till the land-holder surrenders or is ejected from, it and the learned counsel has also submitted' that in a case where the matter is reopened under section 5,2) and as a result there of surplus, land has ..... it is true that till the landholder surrenders or is ejected from the surplus land it does not vest in the state (see sub-section (5) of section 30-(e) and till then according to mr. ..... 'in the scheme of this section, sub-section (4) makes the landholder by virtue of a legal fiction a tresspasser in respect of the excess land even though such a land had not vested in the state under the provisions of sub-section (5) of the said section. ..... in our opinion the right under section 30e (1) (a) and 30-e(2) vest in the state when the period prescribed under sub-section 30e(2) of section 30e to surrender the surplus land is over because it is a statutory obligation for the land-holder to surrender the surplus land to the state, if ..... (5) all lands coming to the state government by surrender under sub-section (2) or by ejectment under sub-section (4) shall vest in it free from all encumberances. ..... section 30e provided for vesting of the land in excess of the ceiling area in the state. .....

Ashapura Vikas Samiti and anr. Vs. State and ors.

Court : Rajasthan

Reported in : 2002(5)WLC361; 2002(5)WLN107

..... disposal of a local authority under section 102-a of the act in jaipur region shall, immediately after establishment of the authority under section 3 of this act, be deemed to have been placed at the disposal of and vested in the authority which shall take over land for and on behalf of the state government and may use the same for the purposes of this act and may dispose of the same subject to such ..... are clear thus :- (i) that the land in question acquired under the land acquisition act, 1953 for the purpose of the government or local authority or an educational institution has not been vested in the jda hence, in the present case since the land in question being the private property and belonging to col. ..... bhawani singh who sold the same to anand bhawan nirman sahakari samiti through agreement of sale, the question of vesting the land in dispute in the jda does not arise; (ii) further the land in question is not surveyed and earmarked in the land records as belonging to the government or a local authority which is ..... (vi) nazul land as defined in clause (iv) of section 3 and (vii) land within the abadi area vesting in a local authority or land reserved and set apart for special purposes under section 92, and includes benefits to arise out of such land and things attached to the earth or permanently fastened to anything ..... of section 6 of the act of 1963 and in my considered view a khatedari land cannot be vested in the state in any manner whatsoever but, at the most the state govt. .....