Court : Supreme Court of India
Reported in : AIR1997SC1475; [1997]88CompCas813(SC); JT1996(9)SC211; 1996(7)SCALE558; (1996)10SCC714; [1996]Supp7SCR288
..... (3) ***(4) ***(5) the whole of the assets of the society shall on the appointment of liquidator under section vest in such liquidator, and notwithstanding anything contained in any law for the time being in force, if any immovable property is held by a liquidator on behalf of the society, the title over the land shall be complete as soon as the ..... it is only under section 103(5) the assets of the society vest in the liquidator. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2309; (1975)3SCC424; [1975]2SCR372; [1975]35STC24(SC)
..... it was held that as the terms of the contract indicated that the respondent was not to be the owner of the ready coaches and that the property in those bodies vested in the railway even during the process of construction, the transaction was a works contract and did not involve any sale. ..... and their customers in the present appeals which vested the ownership of unfinished bodies in the customers. ..... as has been pointed out above, the ownership in the material brought on the site under the terms of the contract was to vest in the railway in the case of kailash engineering co. ..... it was provided in the contract between the parties that as soon as the plant and materials were brought on the side where the coaches were to be constructed, the ownership in them would vest in the railway. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2000(6)SC298; (2000)126PLR367; 2000(4)SCALE458; (2000)6SCC84
..... 1965 clj 711, the high court had earlier held:.that the panchayat has a right to use the shamilat deh vested in it under the 1954 act either itself or through another person in any of the manners set out in that rule. ..... referring to rule 3(2), the learned counsel submitted that the gram panchayat could use the land in shamilat deh vested in it under the act either itself or through another for anyone or more of the purposes specified therein. ..... in the impugned judgment was, therefore, right in holding that there did not exist any distinction between the charand and shamilat deh and the contention of the appellants that the charand could not vest with the gram panchayat under the act was based upon wrong assumptions.8. ..... the high court appears to have consistently held that the land vesting in the gram panchayat can be used for any one or more of the purposes specified in sub-rule (2) of rule 3, leasing out for cultivation being one of the purposes. ..... it was held that the gram panchayat could make use of the shamilat deh land vested in it either itself or through another for the purposes mentioned in rule 3(2). ..... of the high court in khushi puri 's case (supra) wherein it was held:it is provided by rule 3(2) of the punjab village common lands (regulation) rules, 1964, that the panchayat could make use of the land in shamilat deh vested in it either itself or through another for the purposes related to forestry. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VAD(SC)82; AIR1998SC2291; 1998(3)ALLMR(SC)659; II(1999)BC418(SC); [1998]92CompCas936(SC); [1998]231ITR871(SC); JT1998(4)SC23; RLW1998(2)SC353; 1998(3)SCALE556; (1998)5S
..... this court, however, went on to observe, (in paragraph 18) "we have not been shown any principle on which the liquidation court should be vested with the power to stop assessment proceedings for determining the amount of tax payable by the company which is being wound up. ..... unless the custodian exercises his power under section 4, the right acquired by a third party in the attached property prior to attachment does not get extinguished nor does the property vest in the custodian whether free from encumbrances or otherwise. ..... the attached property also does not vest in the custodian. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC91a; (1976)0GLR948; (1977)1SCC46; [1976]3SCR565
..... jagir village, shall, except in so far as any rights of any person other than the jagirdar may be established in or over the same and except as may otherwise be provided by any law for the time being in force, vest in and shall be deemed to be, with all rights in or over the same or appertaining thereto, the property of the state government and all rights held by a jagirdar in such property shall be deemed to have been extinguished and it shall ..... section 8 provided for the vesting of the properties enumerated therein in the state government and the extinguishment of the rights of the jagirdars thereunder. ..... on coming into force of the act on and from august 1, 1954 the jagirs of the jagirdars were abolished and certain properties comprised in the jagirs vested in the state. ..... situate in jagir villages to vest in government. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC985; [1963]1SCR469
..... the property which is its subject-matter to purposes recognised as charitable by muslim law and so though the appellants are described as trustees and though there are certain expressions showing that the property has vested in then, we should not lose sight of the basic concept which actuated the settlor in executing the document and that concept is one of dedication on which wakf are based. 17. ..... much importance should not be attached to the said provisions and it should not be held that since there is a vesting of legal title in the appellants, the transaction is a trust and not a wakf. ..... the argument that the provision for vesting had to be made because the property in question is movable property, does not carry conviction because the whole scheme of the document appears to be to vest the title in the trustees and gives them absolute discretion to use said property and its income for any of the charitable purposes specified ..... it is also urged that the effect of clauses relating to the vesting of the property in the appellant as trustees should be judged in the light of the character of the property with which ..... capacity, he has no right in the property belonging to wakf; the property is not vested in him and he is not a trustee in the legal sense. ..... in no case is the property conveyed to or vested in him, nor is he a trustee in the english sense of the term, although in view of the obligations and duties resting on him, he is answerable as a trustee in the general sense for mal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC853; [1963]Supp1SCR844
..... 179, which refers to 'direct superintendence by government', the government has gone further than provided in the rule when it decided to take over the management of the temple and vest the same in the director of endowments from june 14, 1960, with the result that the appellant has been deprived of the management and in effect removed from trusteeship. ..... rule 182 in that chapter shows that where direct superintendence is taken by government the power of spending the recurring amounts as per the budget will be vested in the trustee in accordance with the powers possessed by him under these rules and there is no removal of the trustee. ..... situate at hyderabad, had been taken under the supervision of the government of andhra pradesh and the management of the temple would vest in the director of endowments, hyderabad, from the date of the order, namely, june 14, 1960. ..... 68 provides that the power of removal of a trustee will be vested in the minister for endowments. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC561; (1981)ILLJ280SC; 1980Supp(1)SCC524; [1981]1SCR1024; 1981(2)SLJ67(SC)
..... 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 have under the law regulating the ..... of this court and of various high courts, the report concludes thus:both on principle and precedents we are of the view that the seniority of the members of higher judicial service being vested entirely under the control of the high court cannot be intruded upon by the framing and refraining of rules by the state government, which it is not competent to make and consequently rule ..... to the rules governing seniority between direct recruits and promotees appointed to the superior judicial services of punjab and haryana and second, between the control over district courts and subordinate courts vested in the high court by article 235 and the power conferred upon the governor by the proviso to article 309 of the constitution to make rules regulating the recruitment and conditions ..... 226 of the constitution of india on behalf of the high court.once it is settled that the determination of seniority of the members of the superior judicial service vests exclusively in the high court, then there is no manner of doubt that such control inevitably implies the power of framing rules to make the exercise of such control feasible, convenient and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2320; (1970)2SCC841; [1971]2SCR163
..... if it was not sir or khud kasht of a proprietor, it would not be his holding and, consequently, such land would vest in the gaon sabha under section 154, the result of which would be that the rights of the proprietor would be extinguished. ..... court and the lower courts, because it appears that their attention was not drawn to the provisions of section 154 of the act, under which all lands of proprietors, other than those comprised in their holdings, vested in the gaon sabha, thus extinguishing their proprietary rights.5. ..... lands, which were not holdings of either the proprietor or any other person, vested in the gaon sabha. ..... on the commencement of this act-(i) all lands whether cultivable or otherwise, except land for the time being comprised in any holding or grove,situate in a gaon sabha area, shall vest in the gaon sabha;4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2114; 1995(1)CTC465; JT1995(1)SC247; 1994(4)SCALE1106; (1995)1SCC519; [1994]Supp5SCR666
..... by reason of section 5, the land in respect of which notice under section 4(1) is published vests absolutely in the state government on and from the date of such publication. ..... land acquired to vest in government free from all encumbrances - when a notice under sub-section (1) of section 4 is published in the district gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published vest absolutely in the government free from all encumbrances.6. .....
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