Court : Supreme Court of India
Reported in : AIR2000SC1216; JT2000(3)SC4; 2000(2)SCALE226; (2000)3SCC652; [2000]2SCR111; 2000(1)LC597(SC)
..... the date of vesting against or by the zamindar or biswedar for any money which is charged on or in secured by a mortgage of such estate or part thereof shall, except as provided in section 73 of the transfer of property act, 1882 (central act iv of 1882), be enforceable against his ..... of this clause shall not be a valid discharge of the person liable to pay the same; xxx xxx xxx(j) every mortgage with possession existing on such estate or part thereof on the date immediately preceding the date of vesting shall, to the extent of the amount secured on such estate or part, be deemed, without prejudice to the rights of the state government under this section, to have been substituted by a simple mortgage; (k) no claim or liability enforceable or incurred before ..... , hats, bazars, means and mela grounds, and in all sub soil therein, including rights, if any, in quarries and mines whether being worked or not and in all mineral and mineral products, shall cease and be vested in the state government, free from all encumbrances, for the purposes of the state, and every mortgage, debt or charge on any such right, title or interest shall be a charge on the amount of compensation payable to the zamindar .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC938; JT1992(2)SC434; 1991(2)SCALE1309; 1992Supp(1)SCC692; [1991]Supp3SCR273; 1992(1)LC288(SC)
..... amount to be paid for transfer and vesting of refractory plant-(1) the company shall be given by the central government in cash and in the manner specified in chapter vi, an amount of one crore seven lakhs and seventeen thousand rupees for the transfer to, and vesting in it, under section 3 of the refractory plant. ..... refractory plant to vest in the central government-on the appointed day, the refractory plant shall, by virtue of this act, stand transferred to, and the right, title and interest of the company in relation to its refractory plant shall vest absolutely in, the central government.9. ..... in short, the vesting of such resources in the community leads to more economic equality because the resources would then be controlled and owned by the state or the community on behalf of the people as a whole rather than by some individuals.13. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1358; (1969)71BOMLR62; 1968MhLJ766(SC); [1968]3SCR706
..... (3) on the declaration made by the mamlatdar under sub-section (2), - '(a) the land shall be deemed to vest in the state government, free from all encumbrances lawfully subsisting thereon on the date of such vesting, and shall be disposed of in the manner provided in sub-section (4); . . . . . . .' 7. ..... 35, the land does not revert to the transferor or the testator; the land is deemed to be of the ownership of the person acquiring it by transfer or by bequest and on the mamlatdar making the order, the land in excess of the ceiling vests in the government. ..... 5, and involves the consequence that the land will vest in the government. 10. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC568; [1989]65CompCas673(SC); (1989)1CompLJ191(SC); JT1988(4)SC464; 1989LabIC1031; 1988(2)SCALE1376; (1989)1SCC764; [1988]Supp3SCR925; 1989(1)LC54(SC); (1989)1SCC765
..... 1 to 4 before the high court at the hearing of the writ petition, as noticed above, is that unguided and arbitrary powers have been vested in the official by sub-section (1) of section 11 for the alteration of the terms and conditions of service of the employees. ..... in relation to any of its undertakings in india shall, instead of continuing to vest in the central government, vest in the government company either on the date of the notification or on such earlier or later date not being a date earlier than the appointed day, as may be specified in the notification. ..... it was urged that unguided and arbitrary powers had been vested in the official by sub-section (1) of section 11 for the alteration of the terms and conditions of service of the employees. ..... under section 3 of the act, the shares in the capital of the corils stood transferred to and vested in the central government on the appointed day being december 30, 1976. ..... 1 to 4 that the notification issued under section 9 of the act vesting the management of the undertakings of caltex (india) ltd. ..... in relation to its undertakings in india stood transferred to and vested in the central government on the appointed day. ..... amalgamation order, 1978 which was published in the gazette of india, extraordinary, dated may 9, 1978, the undertaking of coril was transferred to and vested in hindustan petroleum corporation ltd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC710; JT1995(9)SC186; (1996)ILLJ787SC; 1995(6)SCALE609; (1996)1SCC313; [1995]Supp5SCR641; 1996(1)LC456(SC)
..... power of the central government to make certain declarations in relation to certain textile undertakings - (1) the central government may, if satisfied, in relation to any of the textile undertakings or any part thereof, the management of which has vested in it under this act, that it is necessary so to do in the interests of the general public with a view to preventing any fall in the volume of production of such undertaking, by notification, declare that-(a) all or any of ..... section 8 of the said ordinance provides that the owner of every textile undertaking shall be given by the central government, in cash and in the manner as specified in chapter vi, for the transfer to and vesting in it, under sub-section (1) of section 3, of such textile undertaking and the right, title and interest of the owner in relation to such textile undertaking, an amount equal to the amount specified against it in the corresponding ..... provision in that regard is contained in section 3 which deals with the vesting of the management of the textile undertakings in the central government under the ..... ordinance, the right, title and interest of the owner in relation to every textile undertaking mentioned in the first schedule to the act stands transferred and vests absolutely in the central government on the appointed day, i.e. ..... show that under sub-section (1), the management of the textile undertaking specified in the first schedule to the act vested in the central government on and from the appointed i.e. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC524; [1964]3SCR363
..... lands used for agricultural or horticultural purposes, which were in khas possession of a proprietor or tenure-holder on the date of such vesting, including - (a) (i) proprietors' private lands let out under a lease for a term of years or under or under a lease from year to year, referred to in section 116 of the bihar tenancy act, 1885, (ii) landlords ..... ' private lands belonging to the plaintiffs and that they are entitled to mesne profits for the years claimed and also up to the 31st december, 1954, the plaintiffs' estate having vested in the state of bihar on 1.1.55, and the decree for possession is set aside. ..... shall, with effect from the date of vesting, vest absolutely in the state free from all encumbrances and such proprietor or tenure-holder shall cease to have any interests in such estate or tenure, other than the interests expressly saved by or ..... follows : in view of the concurrent findings that the lands were the zeraiti lands of the plaintiffs, they would not vest in the state government because of the saving in s. ..... and moreover they had been granted the relief of an inquiry into mesne profits for the period subsequent to the suit up to 31.12.1954 even on the footing that the estate vested in the state as and from january 1, 1955. ..... the suit which was in substance one for ejectment based on the title of the plaintiffs should fail and be dismissed because the plaintiffs had lost their title to the property which vested in the state by virtue of the notification under s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1493; JT2002(3)SC166; 2002(3)SCALE40; (2002)4SCC134; [2002]2SCR557; 2002(1)LC629(SC)
..... terms and conditions as may be provided by notification with effect from the date of issue of the notification under sub-section (2).section 4 : general effect of vesting :(1) the undertaking of the company which has vested in the state government under sub-section (1) of section 3, shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, change, lien and all other encumbrances affecting it, and any attachment, injunction or decree or order of ..... mukul rohtagi, learned additional solicitor general has further submitted that as in terms of sub-section (1) of section 3 of the act of 1980, the vesting of undertaking absolutely was complete on the appointed day and on such vesting it be freed and discharged from any trust, obligation, mortgage, change, lien and all other encumbrances affecting it, the tenancy between the respondents and the erstwhile company ..... though under sub-section (1) of section 4 of the act of 1980, the undertaking vested in the state government free from any trust, obligation, mortgage, change, lien and all other encumbrances, we are unable to agree with the learned additional solicitor general that under ..... (4) on and from the date of transfer of the undertaking of the company to, and vesting thereof in, the hotel authority, that authority shall be deemed to be substituted in the license or other instrument referred to in sub-section (3) in place of the state government as if such license on other instrument had been granted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC209; [1968]1SCR124
..... in fact, the language of clause (d) has to be interpreted as laying down that right to shares will vest in all females of the joint hindu family who would have possibly received the right to a share if at any earlier time there had been partition in the family in any of the three manners laid down in clauses (a), (b) ..... was that the plaintiff as the step grandmother of the first defendant was not one of the female relatives entitled to any share in the property which vested on the death of mendappa in the, 1st defendant as the sole surviving coparcener. ..... (d) mentions that when the joint family property passes to a single co-parcener by survivorship, the right to shares is vested in all the clauses of females enumerated in all the three clauses (a), (b) and (c). ..... therefore the right of these female relatives is not a vested but a contingent right. ..... , in such circumstances, it was not safe to leave the females entitled to maintenance, etc, at the mercy of the individuals who may receive property on partition or at the mercy of the individual in whom absolute rights in the property might vest as a result of sole survivorship. ..... (a), (b) or (c) where a share vests in the female relatives enumerated therein when actual partition takes place and cl. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1395; [1967]1SCR275
..... 34 of the court of wards act, and viewed as a renunciation of a claim, it could not vest title in the release. ..... renunciation does not vest in a person a title where it did not exist... .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1272a; 1978(10)LC503(SC)
..... in exercise of that power, the government of madras passed an order declaring that the appellant's undertaking would vest in the government on december 31, 1956, which date was later advanced to october 15, 1956. ..... under section 4 of the madras electricity supply undertakings (acquisition) act, 1954, the state government had the power to take over any electricity undertaking, declaring that it shall vest in the government on the date specified therein. ..... the appellant opted for compensation on basis a, one of the consequences of which, as provided by the act, was that the entire property belonging to the undertaking, including the fixed assets, vested in the state government under section c. ..... to basis a, the licensee was entitled by way of compensation to the payment of an amount equal to 20 times the average net annual profits of the undertaking during the period of five consecutive accounting years immediately preceding the date of vesting. ..... the appellant's undertaking was accordingly acquired by the government and its properties were taken over on the date of vesting. .....
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