Court : Supreme Court of India
..... filed documents vide list 20c and 27c and documents were filed through 35c also in which 38c is the said admission deed in which appellant/plaintiff has admitted that a this property vests in the government of india an in the declaration deed 39c, it has been admitted that rights of government of india vest in this property and it was also admitted that if its resumption is done, then compensation for the construction would be paid to him. ..... even the first appellate court after analysing the documents exhibits 20c, 27c, 35c, 38c and 39c, amongst others, held that it has been admitted by the plaintiff that the suit property vests in the government of india which was amenable to resumption on payment of compensation for construction to the grantee/occupant. ..... the original grantee is vested with the right to build a house/structure on the land and he may only transfer the same. ..... the right to resume the land at any time after following the 54 procedure prescribed has expressly been recognized to be vesting in the government. ..... even this sale deed concededly restates that the suit 38 property vests in the government. ..... the relevant recital reads thus:- whereas the land appertaining to wolfsburn estate and the trees standing thereon / vest in government. ..... the plaintiff also asserted that he has occupancy rights in the suit property which were analogous to the ownership rights vested in him. .....
Tag this Judgment!Court : Supreme Court of India
..... 12 on behalf of the appellants, it has been submitted by mr aryama sundaram, learned senior counsel that : (i) the collector has acted without jurisdiction, in assuming the powers of the civil court and adjudicating on the vesting of the property in the state by escheat under section 29 of the hindu succession act, 1956; (ii) in view of the clear dispute, involving the setting up of rival titles the government claiming under section 29 and the trust setting up ..... section 166, namely- (a) the subject-matter of transfer shall, with effect from the date of transfer, be deemed to have vested in the state government free from all encumbrances; (b) the trees, crops and wells existing on the land on the date of transfer shall, with effect from the said date, be deemed to have vested in the state government free from all encumbrances; and (c) the transferee may remove other moveable property or the materials ..... the order of the collector indicates that 10 air1954sc60615 the issue as to whether the property would vest in the state government as a result of a failure of heirs within the meaning of section 29 was a seriously disputed issue turning upon an adjudication of ..... 8 aggrieved by the order of the collector, haridwar, which held that the property had vested in the state government by the operation of section 29 of the hindu succession act, 1956, and directing the city magistrate to take over possession, the petitioner challenged the decision in a writ petition under article 226 .....
Tag this Judgment!Court : Supreme Court of India
..... the title in the property having vested in zamir ahmad, who, in turn, transferred it to the plaintiff (respondents) by way of a sale deed. ..... 4 and i agree that zamir ahmad has acquired title and possession like me and all rights of ownership as i had, shall vest in him. ..... in the said gift deed, the donor has clearly stated that: and i (donor) agree that taheer ahmad (donee) has acquired title and possession like me and all rights of ownership as i had shall vest in him 4. .....
Tag this Judgment!Court : Supreme Court of India
..... rita mechanical works, ludhiana3 wherein it has been held as under:"there is a difference between vesting of the property, in this case, in the limited company and distribution of the property. ..... it is no doubt true that all properties of the firm vest in the limited company on the firm being treated as a company under part ix of the companies act, but that vesting is not consequent or incidental to a transfer. ..... on vesting in the limited company under part ix of the companies act, the properties vest in the company as they exist. ... ..... on the vesting of all the properties statutorily in the company, the cloak given to the firm is replaced by a different cloak and the same firm is now treated as a company, after a given date. ... ..... it is a statutory vesting of properties in the company as the firm is treated as a limited company. .....
Tag this Judgment!Court : Supreme Court of India
..... section (4) of the act provided as follows:- 4(1) the succession to a hindu male dying intestate shall, in the first place, vest in the members of the family of the propositus mentioned below, and in the following order:- (ii) the widow; (iii) daughters; (ix) daughters daughters; 19 as far as section 10 is concerned, the relevant portion reads as follows: - 10(1) stridhana means property of ..... proceeding on the basis that jankamma, the grand-daughter of ramanna was a reversioner, her estate in expectancy became vested in her, upon the death of the ramanna s widow, seethamma in 1938. ..... that is so, the suit should have been filed if at all within a period of 12 years from the date on which the alleged right in 13 the reversioners came to be vested namely upon the death of seethamma in the year 1938. ..... ayyappa (1975) 4 scc458 this court reiterated the position of a hindu widow and of greater relevance to us held no one has any vested interest in succession as long as the widow is alive. ..... the whole estate is for the time vested in her, and she represents it ..... seethamma was found to have no vested interest in the properties of her husband except having widow s ..... represents the estate, and so long as she is alive, no one has any vested interests in the succession. ..... in a privy council case, her right is of the nature of a right of property; her position is that of owner; her powers in that character are, however limited; but so long as she is alive no one has any vested interest in the succession. .....
Tag this Judgment!Court : Supreme Court of India
..... entries made in and around 1967 regarding the jumah mosque in the list of wakfs and the register of wakfs under the wakf act, 1954, mentioned supra, evidence that the office of mutawalli was customarily vested in the respondents, and not in the committee, during the period to which the entries pertain. ..... importantly, the scope of such revisional jurisdiction is wider when the high court is vested with the power to examine the legality or propriety of the lower court s order under the statute from which the revisional power arises. ..... the appellants contention is that even if there was any customary right vested with the respondents, it was breached by the formation of the committee and passing of the compromise decree. ..... no.1/1998 have specifically pleaded that the 28 office of the mutawalli is vested in the pattakal family by virtue of immemorial custom and usage. 26. ..... as was rightly observed by the high court, the tribunal s finding that the pattakal family had lost its vested right in the office of mutawalli, based on the finding in s.a. ..... however, their common claim is that the respondents never had a customary right to the office of mutawalli, and the right to select the mutawalli should vest with the people of the local area.4. ..... on this basis, it decreed that the office of mutawalli was vested with the respondents by custom. ..... no.1/1998 before the waqf tribunal, kavarathi praying for a declaration that the office of mutawalli of the jumah mosque is vested with the pattakal family. .....
Tag this Judgment!Court : Supreme Court of India
..... in his concurring judgment justice vivian bose further took the following view: 21.the position is different when the interest is executed and the man has a 92 vested interest in the right, that is to say, when he is the legal owner of the shares with the legal title to them residing in him. ..... it is now well settled that though special leave is granted, the iscretionary power which vested in the court at the stage of the special leave petition continues to remain with the court even at the stage when the appeal comes up for hearing and when both sides are heard on merits in ..... mere waiver, acquiescence or laches and is something akin to estoppel if not estoppel itself, and ( 2 ) that mere waiver, acquiescence or laches which is short of abandonment of right or estoppel does not disentitle the holder of shares who has a vested interest in the shares from challenging the validity of the purported forfeiture of those shares. ..... , the one-half share in property m and the whole of property b came to vest with the aunt (father s sister) of suriaji and gones. ..... it was reduced to a contract executory in nature, to perform an obligation upon which alone the title would vest, it was subject to the condition precedent of payment of rs. ..... saying that a person has abandoned his property does not lead to extinguishing of vested right such as right to ownership in property. ..... , under both the gift deeds together 1/2 of property m or 45 hectares approximately came to be vested with gones in the year 1925. .....
Tag this Judgment!Court : Supreme Court of India
..... from evidence, it emerges that the knife, rope and vest were recovered on 2.9.2010 i.e. ..... p59 and vest ex. .....
Tag this Judgment!Court : Supreme Court of India
..... sub-section (5) of 27 section 31 provides that if a development plan contains any proposal for the designation of any land for a purpose specified in clauses (b) and (c) of section 22, and if such land does not vest in the planning authority, the state government shall not include that purpose in the development plan, unless it is satisfied that the planning authority will be able to acquire such land by private agreement or compulsory acquisition not ..... amenity, if any so developed or constructed) so acquired by agreement or by grant of floor space index or additional floor space index or transferable development rights under this section or under the land acquisition act, 1894, as the case may be, shall vest absolutely free from all encumbrances in the planning authority, development authority, or as the case may be, any appropriate authority. .....
Tag this Judgment!Court : Supreme Court of India
..... court after clearing the air on the meaning of section 20 of the arbitration act, 1996 made it clear that the moment a seat is designated by agreement between the parties, it is akin to an exclusive jurisdiction clause, which would then vest the courts at the seat with exclusive jurisdiction for purposes of regulating arbitral proceedings arising out of the agreement between the parties. ..... of slp (c) nos.30019-20 of 2019 page 6 of 28 entertain the application vests solely with the delhi high court, where a prior petition under section 34 had been filed, and was pending. ..... it would then vest the courts at the seat with exclusive jurisdiction to regulate arbitration proceedings arising out of the agreement between the parties.21. .....
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