Court : Supreme Court of India
Reported in : JT2004(7)SC454; 2005(2)KarLJ363; 2004(8)SCALE15; (2004)7SCC796
..... the learned single judge of the high court, on re-appreciation of the evidence, allowed the writ petition by his order dated 10.8.1998 holding that the occupancy rights in respect of the said land vest exclusively in dattoba's branch and remaining branches of the family do not have any share in the said land. ..... 43 vest exclusively in dattoba's branch and remaining branches of the family do not have any share as far as this land is concerned.'6. ..... 43 vested in dattoba's branch and that the remaining three branches of the family did not have any shares in it. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC693; (1999)1CALLT73(SC); 88(1999)CLT1(SC); JT1998(8)SC483; 1998(6)SCALE510; (1999)1SCC488
..... in that proceedings the respondents never took the stand that the intermediary estate in question did not vest under the notification of 1974 as it had already vested pursuance to earlier notification of 1968 and it has not been declared as a 'trust estate'. ..... that the appellant having granted the opportunity of producing the relevant order declaring the deity as a 'trust estate', the high court was justified in drawing adverse inference and in recording a finding that after the vesting notification issued in the year 1968, there has been no declaration made in favour of the deity and, therefore, the estate stood vested in the state and in that view of the matter, question of fresh ..... all the same the high court went on examining the question of vesting under earlier notification and recorded a finding because of non production of the relevant records that there was no declaration of 'trust estate' on 26.9.70. ..... that apart, the high court itself recorded a finding in the impugned judgment that under 1968 notification the debottar lakhraj bahel's land did to vest and there is definite distinction between the two classes of debottar property. ..... were pending on the date of commencement of the orissa estate abolition (amendment) act, 1970 (orissa act 33 of 1970) and (ii) the intermediary interests of all intermediaries in respect of all estates other than those which have already vested in the state have passed to and become vested in the state free from all encumbrance. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC492; JT1999(10)SC85; 1999(7)SCALE489; (2000)2SCC97; 2000(1)LC213(SC)
..... in the result, the tribunal allowed the petition in part and dismissed it in other respects, holding as follows:it view of the discussion above, we hold that the petitioner has failed to prove that the property in dispute vests in him in any of his personal right or capacity. ..... on the pleadings, the tribunal under the act framed the following point for consideration:does the property in suit vest in the petitioner or in the notified sikh gurudwara?8. ..... 2 entered in the revenue record as being owned by langar ji sahib of which details are given at pages 223 to 266 of the said gazette, belong to the notified gurudwara abovementioned and vest in its as such. ..... 3 also vests in the notified gurudwara. 11. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3499; 2002(6)ALD12(SC); 2002(4)ALLMR(SC)905; 2003(1)AWC161(SC); JT2002(7)SC447; (2003)1MLJ22(SC); 2002(7)SCALE307; (2002)7SCC657; [2002]SUPP2SCR636
..... in every case referred to in section 16or section 17, the collector shall, uponpayment of the cost of acquisition, makeover charge of the land to the trust, and theland shall thereupon vest in the trust subjectto the liability of the trust to pay any furthercosts which may be incurred on account ofits acquisition'. '10. ..... in every case referred to in section 16or section 17, the collector shall, uponpayment of the cost of acquisition, makeover charge of the land of the trust and theland shall thereupon vest in the trustsubject to the liability of the trust to payany further costs which may be incurred onaccount of its acquisition.' 16. ..... act which provided for vestingof certain public lands vested in the local authority or privatestreet or square and payment of compensation for such lands.the case of prakash amirchand shah v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC3189A; 1996(1)LC556(SC)
..... similarly b schedule properties were bequeathed to plaintiff (daughter-in-law) for her life and in the absence of any child to her the said properties shall vest in the first defendant temple for the various offerings (charities) mentioned hereinabove in the will. ..... since sadachiammal was given only a life interest in a schedule properties, on her death on 13.6.1957, the properties vested in the temple and plaintiff is incompetent to lay claim to a schedule properties. ..... b-11 and after her life, properties will vest in the first defendant temple, for the charities mentioned in ext. b-11. 4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)10SCC715
..... . the discretion vests in the court ..... from the high court, it was for him to make an appropriate application and seek leave of the court for prosecuting appeal against the person in whom the right and title in the suit property has come to vest ..... . that liberty is still available to the appellant tenant and he may settle the compensation with the present landlords, in whom the right and title of the respondent om chand have come to vest.11 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(7)SC157; 1994(4)SCALE590; 1994Supp(3)SCC725; [1994]Supp3SCR210
..... minerals, whether been worked on not, inclusive of such rights of a lessee of mines and minerals, comprised in such estate or tenure (other then the interests of raiyats or under raiyats) shall, with effect from the date of vesting, vest absolutely in the state free from all encumbrances and such proprietor tenure- holders shall cease to have any interests in such estate or other the interest expressly saved by or under the provisions of this act.3. ..... section 6(1)(b) is one of the savings which postulates that 'on and from the date of vesting all lands used for agricultural or horticultural purposes which were in khas possession of an intermediary on the date of such vesting, including in clause (b) that lands used for agricultural and held in the direct possession of a temporary lesses of an estate or tenure and cultivated by himself with his own stock or by his own servants or by hired labour or with ..... district judge dhanbad, by judgment and decree held that the scheduled 'b' land stood vested in the state under section 4 of the bihar land reforms act 30, 1950 (for short the 'act) accordingly dismissed the suit and in the second appeal it was confirmed by the high ..... find no force in the contention, under section 3(1) of the act the state government has been vested with the power to declare and get a notification published in the state gazette that the estates or tenures of a proprietor or tenure holder specified in the notification, have ceased to and become vested in the state. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(7)SC304; (1996)IILLJ679SC; 1995Supp(4)SCC76
..... in the instant case, it is not disputed that the lands were actually acquired for the purpose of the company and once the land vested in the government, after acquisition, it stood transferred to the company under the agreement entered into between the company and the government. ..... (4) except as otherwise provided by or under this act, the tribunal shall have the same powers as are vested in a civil court under the cpc, 1908 (act no.vi of 1908), shall follow the same procedure as laid down in that code, and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the ..... and the possibility of best evidence being withheld or prevented from coming on record due to vested interest, the number of which is growing every day cannot be ruled out. ..... after the award had been made and the land had vested in the government and stood transferred to the company the land acquisition proceedings along with the notifications under sections 4 and 6 of the l.a. ..... act and the land shall, thereupon vest in the board subject to the liability of the board to pay and further costs which may be incurred on account of its acquisition.4. ..... act and such land shall thereupon vest absolutely in the government free from all encumbrances. ..... the act does not provide the procedure in accordance with which the tribunal has to function except that it shall have the powers as are vested in the civil court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996(8)SCALE251; (1997)9SCC132; [1996]Supp8SCR569
..... . therein, the facts were that after the possession was taken under section 17(1) and vested in the state, exercising the power under section 21 of the general clause act, the declaration under section 6(1) was withdrawn by the government ..... ? in that context, this court had held that after the land vested in the state free from all encumbrances under section 17(1), the power of issuing of a notification and the power to withdraw such notification envisaged under section 21 of the general clause act was not applicable since the land already stood vested and the government was denuded of its power under the act.31 ..... . it is already seen that the lands stood vested in the state on january 29, 1987 and after the lands including the land belonging to the appellants to an extent of 81.9 bighas out of total extent of 713.2 bighas, were taken possession, they stood vested in the state free from all encumbrances ..... . it is true that after the possession of the land is taken either under section 17(1) 17(2) or 16, the land stands vested in the state absolutely free from all encumbrances ..... thereupon, such land shall vest absolutely in the government free from all encumbrances. ..... such land shall, thereupon, vest absolutely in the government free from all encumbrances. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC3189; JT1996(3)SC127; 1996(2)SCALE617; (1996)8SCC7
..... similarly b schedule properties were bequeathed to plaintiff (daughter-in-law) for her life and in the absence of any child to her the said properties shall vest in the first defendant temple for the various offerings (charities) mentioned hereinabove in the will. ..... since sadachiammal was given only a life interest in a schedule properties, on her death on 13-6-1957, the properties vested in the temple and plaintiff is incompetent to lay claim to a schedule properties. ..... b-l 1 and after her life, properties will vest in the first defendant temple, for the charities mentioned in ext. b-l1. 4. .....
Tag this Judgment!