Court : Supreme Court of India
Reported in : AIR1986SC388; (1986)1CompLJ198(SC); 1985(2)SCALE1088; (1986)1SCC26; [1985]Supp3SCR758; 1986(1)LC152(SC)
..... undertaking shall commence or resume production of sugar or, as the case may be, clear the said arrears of cane dues; or(b) if the central government is not satisfied as provided in clause (a), declare by notification that the management of such undertaking shall vest in the central government on and from such date as may be specified in such notification.the expression 'sugar year' has been defined' by clause (g) of section 2 of the act to mean 'the period of twelve months commencing on the 1st ..... 3 of the act provides that a notification issued under sub-section (2) for vesting the management of a sugar undertaking in the central government shall be in force for such period not exceeding three years from the date of vesting as may be specified in the notification and that although such period may be extended the total period for which the management may remain vested in the central government should in no case exceed three years from the date ..... considering the report sent by the respondent that the arrears of cane dues in excess of ten per cent had not been cleared by the respondent, and directing that the management of the sugar undertaking would vest in the central government for a period of three years commencing on and from december 2, 1978.3. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC282; 1955(0)BLJR278; [1955]1SCR1259
..... section 8(2) providing that 'where immediately before the commencement of this ordinance (act) any evacuee property in a province has vested in any person exercising the power of custodian under any law repealed hereby, the evacuee property shall on the commencement of the ordinance (act) be deemed to have been vested in the custodian appointed or deemed to have been appointed for the province under the ordinance (act) and shall continue ..... as regards the second point, the alleged relinquishment of the office of mutwalli by kumar rani and the vesting of the interest in the wakf property in her three sons, respondents 1 to 3, as joint mutwallis thereof, by virtue of the terms of the deed of wakf, is based on a letter addressed to the second respondent, her second ..... to obtain a permit for permanent return to india only after steps had been taken to vest the property in the custodian and after the same was taken possession of. ..... opinion that the successive repeals of the bihar ordinance by the central ordinance and the central act and the continuance of the vesting in the custodian, places the matter beyond any doubt. ..... now, as already stated, the original notification vesting the wakf property in the custodian was made under section 5 of the bihar administration of ..... property issued a notification on the 2nd september, 1949, under section 5 of this ordinance, declaring all the properties comprised in the abovementioned wakf estate to have vested in the custodian as being evacuee property. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC593; 1957(0)BLJR264; [1956]1SCR451
..... but assuming that keshavananda had still some interest in the properties left even after he had sold them on 30-1-1920 and that it would vest in the official receiver on the making of the order of adjudication on 19-2-1926, what is its effect on the title of devamma as purchaser in court auction in execution of her charge decree it has been held by ..... -20 was void and conferred no title on her, because the official receiver in whom the estate of keshavananda, the mortgagor, had vested on his adjudication as insolvent on 19-2-1926 had not been made a party to those proceedings, and that, in consequence, the ..... the obvious answer to this contention is that the properties which were sold on 2-8-1928 did not vest in the official receiver on the making of the order of adjudication on 19-2-1926, as they had been transferred by the mortgagor, long prior to ..... we should accordingly hold that even assuming that the equity of redemption in the suit properties vested in the official receiver on the adjudication of keshavananda, his non-joinder in the execution proceedings did not render the purchase by devamma a nullity, and that under the sale she acquired ..... has been affirmed even when the person in whom the equity of redemption had vested is the official receiver, and he had not been made a party to the ..... execution of a mortgage decree properties are sold without notice to the official receiver in whom the equity of redemption had vested prior to the sale, such sale would not be binding on him. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1448; JT2003(5)SC173; (2003)1MLJ195(SC); 2003(1)SCALE709; (2003)5SCC1; [2003]1SCR877
..... in any event, once the said lands are held to have vested in the sikkim darbar, the same consequently vested in the government of sikkim for the purpose of the government.32. ..... land accepted the amount of compensation without any demur whatsoever and in that view of the matter he as well as his successors in interest are estopped and precluded from contending that the said properties did not vest in the sikkim darbar and consequently in the government of india.29. ..... --notwithstanding anything in this constitution,-(h) all property and assets (whether within or outside the territories comprised the state of sikkim) which immediately before the appointed day were vested in the government of sikkim or in any other authority or in any person for the purposes of the government of sikkim shall, as from the appointed day, vest in the government of the state of sikkim.'23. ..... 1,50,000/- to the private estate, so that the same may vest in the sikkim darbar.18. ..... 1013 and 1040 in exhibit p-36, the same had vested in the state of sikkim.13. mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2000]242ITR597(SC); [2000]1SCR991
..... import of 'free from all encumbrances' under section 269ue this court observed:section 269ue must be read without the expression 'free from all encumbrances' with the result that the property in question would vest in the central government subject to such encumbrances and leasehold interests as are subsisting thereon except for such of them as are agreed to be discharged by the vendor before the sale is completed. ..... after the two writ petitions filed by the transferor and the transferee were dismissed by the single judge of the high court, the central government, in whom the property vested in pursuance of the order passed by the appropriate authority under section 269ud read with section 269ue of the act, put up the property for auction sale. ..... to the transferor the apparent consideration as determined by the appropriate authority under section 269ud read with section 269uf, within one month from the end of the month in which the immovable property concerned becomes vested in the central government under sub-section (1) or as the case may be, under sub-section (6) of section 269ue. ..... indeed, in this case the appropriate authority clearly stated in the order passed on 24.1.91 that the property stood vested in the central government and the said position was reiterated in the order passed by the authority on 26.11.1996, even assuming that certain deductions made were not permissible the vesting order in favour of the central government cannot be said to be vitiated on that count. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1365; JT2002(2)SC581; 2002(2)SCALE565; (2002)4SCC93; [2002]2SCR283
..... and as from the commencement of act 8 of 1995 all rights, title and interest of the panchayat in such land shall cease and vest in the person or persons in whom they were vested immediately before the commencement of such law: and (ii) provides, where any land has vested in a panchayat under the act but such land has been excluded from shamilat deh under sub-clause (ii-a) of clause (g) of section 2, ..... commencement of the punjab village common lands (regulation) amendment act, 1995, shall cease and all such rights, title and interest shall vest in the person or persons in whom they were vested, immediately before the commencement of the similar law;(ii) where any land has vested in a panchayat under this act, but such land has been excluded from shamilat deh under sub-clause (ii-a) of clause (g) ..... sub-section (2) of section 3, quoted above, it has to be shown that the land in question had vested in the appellants immediately before the commencement of the shamilat law or has been allotted or otherwise transferred by ..... 7 of the punjab village common lands (regulations) act, 1961 (for short, 'the act') for possession of the land in dispute on the ground that the land has vested in it and the same was mutated in the name of panchayat by order of the tehsildar dated september 4, 1986. ..... has contended that after the amendment of section 3 by act 8 of 1995 the land in question stood excluded from the land vested in the panchayat, therefore, the order of the high court has to be set aside.5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1904; 2004(4)ALD25(SC); 2004(5)ALLMR(SC)435; 2004(2)AWC1342(SC); 2004(2)CTC307; [2004(2)JCR179(SC)]; JT2004(3)SC272; 2004(3)SCALE234; (2004)4SCC79; (2004)2UPLBEC18
..... no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9(1), take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the government, free from all encumbrances. ..... section 16 provides that when the collector has made an award under section 11, he may take possession of the land which shall thereupon vest absolutely in the government, free from all encumbrances. ..... in a case where the land owner is dispossessed prior to the issuance of preliminary notification under section 4(1) of the act the government merely takes possession of the land but the title thereof continues to vest with the land owner. ..... in case of acquisition the property is taken by the state permanently and the title to the property vests in the state. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC625; [1965]1SCR1
..... 5(aa) are sufficient and apt to provide for the vesting of the right to cut the trees when such right belonged, on the date of the vesting, not to the intermediary or zamindar but to another person to whom it had been granted under a contract with the said intermediary. ..... the absence of provision for compensation might render the vesting section unconstitutional, and that indeed was the argument addressed to the high court and a matter which we shall immediately consider, but it cannot detract from the clear operation of the words used in s. 5(aa). 9. ..... taking up, first, the word 'together with' the submission was that it was only where the right to the trees constituted an integral part of the right to the land that a vesting was effected of the latter right and that where there had been a severance of the two rights it was only the land that remained in the intermediary that became vested and not the right to the trees. ..... started the cutting operations and cut only for the first few years, but thereafter action was taken by the forest officers of the state to prevent him from further cutting under the powers vested in them by the west bengal private forests act, 1948. ..... 5 of the act which specified the property or interest in property which would vest in the government did not include the right to cut trees in a forest which had been granted to a third person by the proprietor or intermediary before the data of the vesting, amended the said vesting section by introducing s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1417; 1992(38)ECC83; 1992(58)ELT163(SC); JT1992(1)SC554; 1992(1)SCALE167; (1992)2SCC66; [1992]1SCR269; [1993]88STC176(SC)
..... since the title to the goods continues to vest in the first respondent, he is entitled to re-export the same. ..... in this context, it should also be remembered that expressions like 'property of and 'vest' do not have a single universal meaning. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC626; (1981)83BOMLR536; [1981(43)FLR78]; 1984LabIC179; (1981)IILLJ6SC; 1981(1)SCALE503; (1981)2SCC714; [1981]3SCR22; 1981(13)LC316(SC)
..... the position crystallised by these decisions is that the control over the subordinate judiciary vested in the high court under article 235 is exclusive in nature, comprehensive in extent and ..... (ii) in article 235, the word 'control' is accompanied by the word 'vest' which shows that the high court alone is made the sole custodian of the control ..... within the exercise of the control vested in the high court, the high court can hold enquiries, impose punishments other than dismissal or removal.this view was reiterated in high court of andhra pradesh and ..... in our judgment, the control which is vested in the high court is a complete control subject only to the power of the governor in the matter of appointment (including dismissal and removal) and posting and promotion ..... when the words 'control' and 'vests' are read together they are strong terms which convey an absolute control in the authority in order to effectuate the policy underlying the rules and makes the authority concerned the sole custodian of ..... or of the standing committee, and subject also to all other restrictions, limitations and conditions imposed by this act, the entire executive power for the purpose of carrying out the provisions of this act vests in the commissioner who shall also-(a).... ..... or consequential steps to effectuate this end and made the following observations:the word 'control', as we have seen, was used for the first time in the constitution and it is accompanied by the word 'vest' which is a strong word. .....
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