Court : Supreme Court of India
Reported in : AIR2004SC3982; (SCSuppl)2005(1)CHN6; 2004(3)JKJ1; JT2004(Suppl1)SC402; 2004(5)SCALE130; (2004)11SCC555
..... the provision of law as existing under the act vide section 15 thereof, as amended in 1973, reads as under:'15 -- persons in whom right of prior purchase vests in urban immovable property -- the right of prior purchase in respect of urban immovable property shall vest.firstly -- in the co-sharers of such property, if any;secondly -- where the sale is of the site of the building or structure, in the owners of such building or structure;thirdly -- where the sale is of property having a stair case common to other ..... however, earlier, prior to 1973 amendment, stood as under;'15 -- persons in whom right of prior purchase vests in urban immovable property - the right of prior purchase in respect of urban immovable property shall vest -firstly -- in the co-sharers of such property, if any;secondly -- where the sale is of the site of the building or structure, in the owners of such building or structure;thirdly - where the sale is of property having a stair case common to other ..... 2 since the construction of his house and his house is also contiguous to the house of the defendant and as such is vested with the right of preemption in. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2151; [1994]80CompCas140(SC); JT1994(1)SC586; 1994(I)OLR(SC)454; 1994(1)SCALE565; (1994)2SCC647; [1994]1SCR857; 1994(1)LC351(SC)
..... (2) any transfer of property made by the financial corporation, in exercise of its powers under sub-section (1), shall vest in the transferee all rights in or to the property transferred as if the transfer had been made by the owner of the property. (3) ... ..... any transfer of property of the defaulter thereafter made by the corporation shall vest in the transferee all rights in or to the property transferred by virtue of section 29(2) of the act. ..... the right vested in the corporation under section 29 of the act is besides the right already possessed at common law to institute a suit or the right available to it under section 31 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC2072; JT1991(3)SC486; 1991(2)SCALE387; (1991)4SCC391; [1991]3SCR672; 1991(2)LC536(SC)
..... not only that, 'he could no longer be held to be in the capacity of sub-tenant' but even the 'new right' of continuance for the remainder period of lease which was created under section 47(4) was limited and did not vest any right in such person to continue after that date nor any fresh right of sub-tenancy could be deemed to accrue consequently possession of such person alter expiry of the extended period, was otherwise that in ..... . this benefit or concession cannot be stretched to vest any fresh tenancy right in him after expiry of the period ..... the statutory right vested in the defendant thus remained in force only for the statutorily limited period, and not any further. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIAD(SC)259; AIR1998SC3021; 1998(5)ALT13(SC); JT1998(5)SC464; 1998(4)SCALE565; (1998)6SCC358; [1998]3SCR1145
..... sales and dispositions of property and payments made, and all acts theretofore done, by the court or receiver, shall be valid; but, subject as aforesaid, the property of the debtor who is adjudged insolvent shall vest in such persons as the court may appoint, or, in default of any such appointment, shall revert to the debtor to the extent of his right or interest therein on such conditions (if any) as the court may, ..... and after referring to the english cases to which we have referred above, observed as follows:'it has therefore been uniformly held in this court...that the effect of annulment is to vest the property retrospectively in the insolvent, in other words' the consequence of annulling an order of adjudication is to wipe out altogether the insolvency and its effect except to the limited extent reserved under ..... made in pursuance of such petition shall from and after such dismissal be null and void to all interests and purposes: provided also that in the case of any such vesting orders as aforesaid, shall become null and void by the dismissal of such petition, all acts theretofore done by any assignee or other person acting under his authority according ..... relief act, and that though on the above dates, the debtors did not, as a fact, have saleable interest in agricultural land as that interest stood vested in the official receiver, still they must be deemed to have acquired such interest with retrospective effect once there was a subsequent annulment of adjudication. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3667; JT1999(7)SC295; 1999(5)SCALE486; (2000)1SCC533; [1999]Supp2SCR354
..... did not accept the compromise by taking the stand that proceedings under the urban land ceiling act were pending and in view of the fact that there was no exemption, the property was liable to vest in government under the act as surplus land.again after extracting a portion of the order dated 23.8.1988 the court said thus :this order virtually disposed of the appeals but as the parties were negotiating a settlement ..... : [1989]3scr616 and pointed out that in the said case, the land had vested in the government under the ceiling act pursuant to the final statement under section 9 of the said act, it was submitted that in the present case such stage under the ceiling act had not reached. ..... according to him once the land had vested in the government under the provisions of the acquisition act, before vesting under the ceiling act could take place, there is no question of withdrawing the proceedings under the acquisition act and proceeding further under the provisions of the ceiling act. ..... in the event of the acquisition working out, the two writ petitions against the withdrawal of exemption would not be sustainable as the land would vest in government as a result of acquisition. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3734; JT1999(7)SC62; 1999(5)SCALE620; (1999)7SCC739; [1999]Supp2SCR490; 2000(1)SLJ174(SC); (1999)3UPLBEC2419
..... thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the high court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his ..... high court in pursuance of a resolution of the full court, the decision to impose the punishment of dismissal could not have been taken by that committee as the jurisdiction in that regard vested in the high court which means the full court comprising of all the sitting judges and they alone could have deliberated upon the matter and taken a decision whether or not the appellant ..... was also argued in that case that since the words 'high court' meant the entire body of judges appointed to the court, the control over the subordinate judiciary which was vested by article 235 in the high court had to be exercised by the whole body of judges and that the high court cannot delegate that power or functions to a judge or ..... officers other than district judges is the governor of the state, the words 'control over district courts and courts subordinate thereto', which are words of wide connotation, vest in the high court other facets of service of those officers, namely, their confirmation on completion of the period of probation, their postings, transfers and disciplinary matters including power to recommend .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC2841; 2002(5)ALT6(SC); (2002)3PLR472; 2002(5)SCALE487; (2002)6SCC416; [2002]SUPP1SCR449
..... .'a plain reading of section 10-a, extracted above, shows that the assistant collector of the first grade is empowered to call for record of any sale, lease, contract or agreement entered into by the panchayat in respect of any land vested or deemed to be vested in it (whether such sale, lease, contract or agreement is entered into before or after the commencement of the act) and examine such record for the purpose of satisfying himself as to the legality or proprietary of such sale, lease, contract ..... of the first grade in haryana may call for, from any panchayat in the area of his jurisdiction the record of any (sale in haryana) lease, contract of agreement entered into by the panchayat in respect of any land vested or deemed to be vested in it, whether such, (sale in haryana) lease, contract or agreement is entered into before or after the commencement of the punjab village common lands (regulation) amendment act, 1964 and examine such record for the purpose of ..... : (a) to entertain or adjudicate upon any of the following question : (i) any land or other immovable property is or is not shamlat deh; (ii) any land or other immovable property or any right, title or interest in such land or other immovable property vests or does not vest in a panchayat under the act; (b) in respect of any matter which any revenue court, officer or authority is empowered by or under this act to determine; or (c) to question the legality of any action taken or matter decided by any revenue court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIAD(SC)229; AIR1996SC2816; 1996(2)CTC368; JT1996(6)SC657; 1996(5)SCALE401; (1996)5SCC504; [1996]Supp3SCR837
..... the first wife nallammal was only a limited owner and as per the will executed by the deceased sellappa gounder and having regard to the intention of the testator, it must be held that the estate will vest absolutely with the children of kuppammal and therefore, the provisions of the act are not attracted. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2001(1)SC287; RLW2001(1)SC73; 2000(8)SCALE455; [2000]Supp5SCR743; 2001(1)LC478(SC); (2001)1UPLBEC723
..... , being not less than five in number, as the chief justice of that high court may, from time to time, nominate, shall sit at jaipur in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the districts of ajmer, alwar, bharatpur, bundi, jaipur, jhalawar, jhunjhunu, kotah, sawai madhopur, sikar and tonk.provided that the chief justice of that high court may ..... of rajasthan at jaipur and having appointed the minimum number of judges as would sit at jaipur proceeded to declare that the permanent bench seat at jaipur shall exercise the jurisdiction and power for the time being vested in the high court in respect of cases arising in the districts, 11 in number, as mentioned therein. ..... the cases are to be heard accordingly unless the chief justice may exercise in his discretion the power vested in him by the proviso to para 2 of the presidential order. ..... (3) the administrative control of the high court shall vest in the chief justice who may exercise it in such manner and after such consultation with the other judges as he may think fit or may delegate such of his functions, as he deems fit to any other judges of the ..... this provision too does not vest the chief justice with power to enact an explanation as is in question. ..... power to frame a roster vests on the chief justice with an administrative control over the distribution of judicial work of the court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(1)ARC167; JT2004(9)SC410; 2004(9)SCALE112; (2004)8SCC630; (2005)1UPLBEC384
..... to take cognizance of an issue wherein the element of public interest is involved and to take up and entertain the same as public interest litigation and pronounce upon such issues exercising the jurisdiction which the constitution does vest in the high court but that has to be done by following the established rules of practise and procedure consistently with the rules of natural justice. ..... having held that no 'freehold' rights can be granted to nazul estates, and these estates were, are and will continue to vest with the government in trust, the court is left with no option but to quash all the government orders mentioned above as this would be permitting nazul estates to be converted into 'freehold'; and would amount to an anti trust .....
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