Court : Supreme Court of India
Reported in : AIR1959SC475; [1959]Supp1SCR478
..... the key to the interpretation of these two entries is not in whom the property would vest after it has been acquired but whether the property is being acquired for the purposes of the union in one case or for purposes other than the purposes of the union in the other. ..... the intention of the legislature was to give power to the collector after the estates vested in the state government to scrutinise leases of this kind made after june 1, 1950, which was apparently the date from which such legislation was under contemplation and to see whether the leases were such as a ..... it is not necessary, therefore, to consider where the property should vest after acquisition in deciding the ambit of the competence of the legislature under those two entries. ..... therefore, if the jagirdars are intermediaries, that is holders of estates, their estates will vest in the state government under section 4 of the act. ..... as, however, the property acquired under the act vested in the president and therefore the union after its acquisition, the act was really for the acquisition of property for the purposes of the union and could not have been passed by the ajmer ..... under section 4 all the estates held by intermediaries vest in the state government on the issue of a notification. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC802; [1987]167ITR204(SC); JT1987(1)SC285; 1987(1)SCALE213; (1987)1SCC568; [1987]2SCR107; 1987(1)LC325(SC)
..... the disposal of the dead; (b) buildings and lands or portions thereof solely occupied and used for public worship or for a charitable or educational purpose; (c) buildings and lands vesting in the corporation; (d) buildings and lands vesting in the central government or state government used solely for public purposes and not used or intended to be used for purposes of profit in respect of which the said tax ..... to the levy of taxes is built on the argument that inasmuch the houses under the hire purchase agreement have not yet vested unto the allottees, the property vests unto the municipal corporation and under the circumstances section 202(1) of the hyderabad municipal corporation act (act) prohibits the levy ..... the opinion that the learned single judge was right in taking the view that the buildings and lands vesting unto the corporation not only in title but also in possession (as polarized from those vesting in title only but not in possession) were exempted from the obligation imposed by the legislature to ..... hire purchase agreement were paid, the allottees would not become the owners of the houses for the title would vest unto them only upon the payment of all the instalments as per the stipulation contained in the agreement. ..... the principal contention of the petitioners was that the houses are not liable to be taxed as they vest in the municipal corporation, and as the writ petitioners are not the owners of the houses, negativing this contention, the municipal corporation served .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605A
..... contained in sections 3, 4, 5 and 7, direct by notification in the official gazette, that the right, title and interest or any of them in relation to the area or any part thereof, instead of continuing to vest in the central government, vest in that authority or body or trustees of that trust from the specified date, if it is satisfied that the same is willing to comply with such terms and conditions as the central government may think fit to impose ..... anything contained in any contract or instrument or order of any court, tribunal or other authority to the contrary, on and from the commencement of this act, the property vested in the central government under section 3 shall be managed by the central government or by a person or body of persons of trustees of any trust authorised by that government ..... (1) the owner of any land, building, structure or other property comprised in the area shall be given by the central government, for the transfer to and vesting in that government under section 3 of that land, building, structure or other property, in cash an amount equivalent to the market value of the land, ..... may think fit to impose, direct by notification in the official gazette, that the right, title and interest or any of them in relation to the area or any part thereof, instead of continuing to vest in the central government, vest in that authority or body or trustees of that trust either on the date of the notification or on such later date as may be specified in the notification. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(4)SC66; 1994(2)KLT598(SC); 1994(2)SCALE905; (1994)4SCC269; [1994]3SCR1023
..... or(c) that there has been large scale unemployment, other than by way of lay off or retrenchment of the workers of a cashew factory, by order published in the gazette, declare that that cashew factory shall stand transferred to, and vest in, the government: provided that before making a declaration under this sub-section in respect of a cashew factory, the government shall give the occupier of the factory and the owner of the factory, where he is not the ..... appointed day in the ownership, possession, power or control of the occupier in relation to the factory and all books of accounts, registers and other documents relating thereto shall stand transferred to and vest in, the government.the other sections relate to the vesting, inventory of properties, power of the government to direct vesting of such cashew nut factories in the corporation, payment of compensation to the occupier of the cashew factory and the continuance of employment of the employees after ..... object of the act is to safeguard the interests of the workers in the cashew factories and it is to safeguard their interests that the power has been vested in the state government to issue orders for the transfer of the factories. ..... conferred by clause (c) of sub-section (1) of section 3 of the kerala cashew factories (acquisition) act, 1974 (29 of 1974), the government of kerala hereby declare that the factories mentioned in the schedule below shall stand transferred to and vest in the government with effect from 6.7.1988. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1391; [1962]1SCR531
..... in respect of such property is found to exist and the competent officer separates the evacuee interest therein under section 10, the whole property, or, as the case may be, the evacuee interest in the property thus separated shall vest in the custodian free from all encumbrances and liabilities and any payment, transfer or partition made or effected under section 10, in satisfaction of any claim in respect of the property shall be a full and valid discharge ..... 'composite property' means any property which, or any property in which, an interest has been declared to be evacuee property or has vested in the custodian under the administration of evacuee property act, 1950 (xxxi of 1950) and - (i) in which the interest of the evacuee consists of an undivided share in the property held by him as a co-sharer or partner of any other ..... we have also, in doing so, to remember that the object of the act of 1951 is not to vest in the custodian property which was not evacuee property but to vest in him only the evacuee interest in property after determining or separating, as the case may be, that interest from the interests of other persons in the ..... that the notice mentioned in the section having been issued and no claim pursuant thereto having been filed, the whole property had to vest in the custodian an therefore the order of the competent officer was valid. ..... does not warrant the order of march 23, 1954, which purported to vest the entire properties in the custodian though the order under s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1
..... grievance in respect of the disputed site to the answer to the limited question posed by the reference and to negotiations subsequent there to, and the provisions of section 3 of the act, which vest the whole bundle of property and rights in the central government to achieve this purpose, offend the principle of secularism which is a part of the basic structure of the constitution, being slanted ..... 5 and 7, direct by notification in the official gazette, that the right, title and interest or any of them in relation to the area or any part thereof, instead of continuing to vest in the central government, vest in that authority or body or trustees of that trust from the specified date, if it is satisfied that the same is willing to comply with such terms and conditions as the central government ..... the case may be, and all registers, maps, plans, drawings and other documents of whatever nature relating thereto(2) all properties aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them and any attachment, injunction decree or ..... section 4 provides for abatement of all pending suits and legal proceedings in respect of the right, title and interest relating to any property which has vested in the central government under section 3, the rival claims to the disputed area which were to be adjudicated in the pending suits can no longer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC344; [1957]1SCR1
..... ' particular reliance was placed on behalf of the appellant on the following terms in the indenture to show that the title to the nazul estate vested in the trust : 'the trust may sell or lease any land included in the said nazul estate in pursuance of the provisions of an improvement scheme ..... the scheme as embodied in the agreement the government was to hand over to its agent, the trust, government property which vests in possession of the agent who has to manage and develop the property with funds made available to it by government. ..... , particularly sections 45 to 49 and 54 and 54a when they speak of a certain building or street or square or other land vesting in a municipality or other local body or in a trust, do not necessarily mean that ownership has passed to any of them ..... the correspondence that passed between government and the trust to show that though at the initial stages the trust proposed that the ownership of the market should vest in the trust, the final terms agreed between the parties in accordance with the provisions of s. ..... to accede to the arguments that was pressed at the bar, that by long usage 'vesting' ordinarily means the having obtained an absolute and indefeasible right, as contra-distinguished from the not ..... there is a whole series of authorities in which words, which in terms vested the freehold is persons appointed to perform some public duties, such as canal companies and boards of health, have been held satisfied by giving to such persons the control .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1911; [1963]33CompCas529(SC); [1964]2SCR182
..... the tribunal reversed only a few of the book entries which had been made on the eve of vesting but not all and did not restore the status quo existing on december 31, 1955. ..... to him the word 'only' indicates that the capital redemption business and the annuity certain business or both vest as part of the controlled business if and only if no other kind of insurance business is carried on ..... of the act then enjoined that on the appointed day there shall be transferred to and vested in the corporation all the assets and liabilities appertaining to the 'controlled business' of all ..... corporation on the other hand claims that this business also vested in the corporation and hence the dispute which was referred ..... and the two broad questions on which the present dispute has arisen are : what part of the business of the appellant company vests in the corporation and what are the assets of that business 3. ..... on the appointed day the 'controlled business' of the company vested by operation of law in the corporation together with all assets and liabilities ..... and a custodian appointed thereunder had already taken over management of such business of the insurers as was to vest later in the corporation as the 'controlled business'. ..... interpretation of the above provisions particularly the explanation to the definition of 'controlled business', the capital obligation business of the company, which included capital redemption business and annuity certain business, did not vest in the corporation. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1522; (1974)2SCC253; [1975]1SCR340; 1974(6)LC411(SC)
..... , in their personal cultivation as owners or as tenants or otherwise, along with orchards owned by them, is in excess of the ceiling area on the 1st day of september, 1971, the excess land shall vest in the state with effect from the appointed date, subject to the rights of mortgagee without possession, if any, on the land :provided that each such individual or each such member of the family, as ..... individual in his personal cultivation whether as owner or as tenant or otherwise is, along with orchards owned by him, in excess of the ceiling area on the 1st day of september, 1971, the excess land shall vest in the state with effect from the appointed date subject to the right of a mortgagee without possession, if any, on the land; (b) where aggregate land, including that retainable under section 53, held by the ..... right of ownership of any person and the right of any intermediary in land not held by him in his personal cultivation on the first day of september, 1971, shall extinguish and shall vest in the state with effect from the appointed date :provided that nothing in this section shall affect the right of a mortgagee without possession, if any, on the land the other relevant sections ..... all rights, title and interests of the owner in such land to have extinguished and all rights, title and interest in such land shall vest in the state subject to the rights of a mortgagee without possession thereof, if any, and such land shall be disposed of in accordance with section 10.section 10. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 110(2004)DLT549(SC); JT2004(4)SC36; 2004(4)SCALE3; (2004)12SCC555
..... hats, bazars and meals held on land to which provisions of clauses (c) to (e) of sub-section (1) of section 11 apply, (vi) tanks, ponds, water channels, pathways and abadi sites, (vii) forests, if any; situate in a gaon sabha area, shall vest in gaon sabha : provided that if the uncultivated area situate in any gaon sabha is, in the opinion of the chief commissioner, more than the ordinary requirements of the gaon sabha, he may exclude any portion of the cultivated ..... in such kind of suits filed before the civil court was posed by the bench in the following manner:'it will inevitably happen that when a plaintiff a bhumidhar or an assami comes to court and challenges the vesting order of the revenue assistant regarding his land in the gaon sabha then he invariably asks that he (the plaintiff) is entitled to the bhumidhari rights and that a declaration be made in his favour. ..... 1972 it was held that the disputed land could not be described as waste land within the meaning of explanation to section 7(1) of the act and, therefore, the order vesting the land in gaon sabha was not correct and sher singh & others (appellants before the high court) were held entitled to the compensation amount.8. ..... of the gaon sabha is that the disputed land was not in the holding of the private respondents and they had no rights over the same and further that the same had vested with the gaon sabha itself which had become owner thereof and was thus entitled to receive the entire amount of compensation. .....
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