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Judgment Search Results Home > Cases Phrase: vest Court: supreme court of india Page 97 of about 33,839 results (0.075 seconds)

Aug 02 2022 (SC)

S.kuldeep Singh Vs. S.prithpal Singh

Court : Supreme Court of India

..... the issue whether the compromise decree between parties page 30 of 39 to a suit proceeding, could vest or transfer title to one of them, was decided in bhoop singh v. ..... as such, the title for such category of land could not vest with the plaintiff. .....

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Aug 18 2022 (SC)

Pr. Commissioner Of Income Tax 1 Vs. M/s Abc Papers Limited

Court : Supreme Court of India

..... therefrom was decided by the cit (appeals) iv, kanpur and the appeal to the tribunal was decided by itat, new delhi, should the lucknow bench of the allahabad high court have jurisdiction or should the jurisdiction vest with the punjab & haryana high court in whose territorial limits the transferee assessing officer is located.20. in suresh desai, the question relating to the consequences upon an order of transfer under section 127 did arise ..... have the effect of transferring the case lock, stock and barrel not only from the jurisdiction of the itat, but also from that of the high court in which the assessing officer was located, and vest it in the high court having jurisdiction over the transferee assessing officer ..... . we have no hesitation in our mind that the vesting of appellate jurisdiction has no bearing on judicial remedies provided in chapter xx of the act before the itat and the high court ..... certainty of forum would involve unequivocal vesting of jurisdiction to adjudicate and determine the dispute in a named forum.17. .....

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Sep 22 2022 (SC)

New Okhla Industrial Development Authority (noida) Vs. Kendriya Karamc ...

Court : Supreme Court of India

..... challenge to the determination that there were lands in excess of ceiling limits and that said excess lands vested in the state government, is still under consideration in aforestated three writ petitions in the high court ..... , unless there was a declaration by the assistant collector in exercise of powers under section 163 declaring the transfers to be void being contrary to section 154 (1), the land shall not be deemed to have vested in the state government under section 163 (2). ..... 1976, in violation of section 154, in favour of a cooperative society by bhumdihar are not to be treated to be void and the land does not vest in the state government automatically. ..... 1976 to 3rd june, 1981 in violation of section 154 as alleged by the state government and the noida, shall continue to be properties of the housing society and shall not be deemed to have vested in the state government. ..... , in three ceiling proceedings initiated concerning lands held by respondent-society, it was concluded by the authorities that there were excess lands which vested in the state government. ..... pertains to the applicability of ceiling law in terms of which any holding greater than 12.5 acres would vest in the state government. 34. ..... ) and, therefore, the lands vested in the state government. ..... sahkari grih nirman samiti limited ( respondent-society , for short) challenging the orders passed in ceiling proceedings holding that there were excess lands in the hands of said respondent society which vested in the state.3. .....

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Nov 04 2022 (SC)

The Employees Provident Fund Organisation Vs. Sunil Kumar B

Court : Supreme Court of India

..... (3) on the establishment of the pension fund, the family pension scheme (hereinafter referred to as the ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the pension fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, ..... the said judgments, it has also been contended on behalf of the appellants that the membership of the pension scheme may have become a vested right for those opting under paragraph 26(6) of the epfs before amendment to paragraph 6 of the pension scheme. ..... we find that the amendment was made in exercise of power otherwise vested in the authority making such amendment and the amendments were made on the basis of certain relevant materials and ..... we shall now deal with argument of the appellants that no vested legal right of the employees has been encroached upon by the ..... shall cease to be the member of pension fund from the date of attaining 58 years of age or from the date of vesting admissible benefits under the scheme, whichever is earlier.12. ..... 15 | pag e (4) the pension fund shall vest in and be administered by the central board in such manner as may be specified in the ..... were yet to exercise option under paragraph 26(6) could not claim such vested right of membership to pension scheme. ..... the appellants is that there has been no encroachment on any vested legal right of existing members. .....

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May 01 2023 (SC)

Delhi Development Authority Vs. Anita Singh

Court : Supreme Court of India

..... in a case where possession has been taken under the 1894 act as provided by section 16 or 17(1) the land vests absolutely in the state, free from all encumbrances, if compensation is not page 12 of 19 civil appeal no.2994/2023 paid, there is no divesting there will be no lapse as compensation carries interest @ 9% or @ 15% as envisaged under section 34 of the ..... once award has been passed on taking possession under section 16 of the 1894 act, the land vests in state there is no divesting provided under section 24(2) of the 2013 act, as once possession has been taken there is no lapse under ..... has acquired the land and award has been passed, land vests in the state government free from all encumbrances. ..... the act of 1894 provided that possession of land may be taken by the state government after passing of an award and thereupon land vest free from all encumbrances in the state government. ..... if after the process of acquisition is complete and land vest in the state free from all encumbrances with possession, any person retaining the land or any re-entry made by any person is nothing else but trespass on the ..... therein that after the acquisition of land and passing of award, the land vests in the state free from all encumbrances. ..... thus, once land has been vested in the state under section 16, in case of failure to pay the compensation under section 31(1) or to deposit under section 31(2), compensation has to be paid along with interest, and due to non-compliance of section 31, there is no .....

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Aug 01 2023 (SC)

Yadaiah Vs. The State Of Telangana

Court : Supreme Court of India

..... in this regard, 1958 circular issued in exercise of the rule making power vested under section 172 of 1317 fasli act, read with an independent statutory bar c.a. ..... the time being in force or in the deed of transfer or other document relating to such land, it shall not be transferred and shall be deemed never to have been transferred; and accordingly no right or title in such assigned land shall vest in any person acquiring the land by such transfer. ..... we, therefore, deem it appropriate to invoke our powers under article 142 of the constitution to do complete justice to the parties and issue the following further directions/declarations: a) the subject land in its entirety is declared to have vested in the state government. ..... the right on the toddy trees will vest with the government. ..... accordingly, the revenue divisional officer vide his letter dated 16.08.1960, directed the 1 kancha is the term employed for land which absolutely vests in favour of the government. c.a. ..... the privilege or largesse once granted acquires the status of vested interest. ..... page 78 of 97 vested with the vendee. .....

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May 16 2024 (SC)

Kolkata Municipal Corporation Vs. Bimal Kumar Shah

Court : Supreme Court of India

..... (1) whenever the municipal commissioner is unable under section 536 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the corporation or whenever any immovable property or any easement affecting any immovable property vested in the corporation is required for the purpose of this act, the state government may, in its discretion, upon application of the municipal commissioner, made with the approval of ..... this context that this court held that under section 3d of the national highways act, 1956, the land to be acquired vests in the union upon the publication of a notification declaring the acquisition, which is done after the disposal of objections of the ..... court held that under the land acquisition act, 1894, upon the payment of compensation and taking of possession of a land so acquired, the land is vested in the state free of encumbrances and the completion of such vesting of the land in the state amounts to the transfer of title from the owner to the state by a legal fiction. in p. ..... in chapter xxi of part vi of the act relating to streets for public place , also makes the position clear that this provision relates to vesting of public street, squares, parks and gardens in the appellant-corporation but does not provide for the power of acquisition. ..... on behalf of the corporation acquire by agreement any easement affecting any immovable property vested in the corporation and the provisions of sub-sections (1) and (2) shall apply .....

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Mar 21 1961 (SC)

Fazal Bhai Dhala Vs. Custodian-general of Evacuee Property, Delhi

Court : Supreme Court of India

Reported in : AIR1961SC1397; [1962]1SCR456

..... was dissolved and that while some of the immovable properties as mentioned in the notice had been conveyed to him by a deed of sale by abdulla bhai, the rest being assets of the firm of fazal bhai dhala, had vested in him after the dissolution of partnership, he prayed that his 'title' in the assets of the firm, and in the immovable properties, mentioned in the notice should be confirmed. ..... it has to be made clear that the custodian would not be bound by the statements made in the deed of dissolution as regards the settlement of the accounts of the firm and that the custodian, in whom the evacuee properties vest will have in respect of the dissolved business all the rights which abdulla had under sections 37, 46, 47, 48 and other sections of the partnership act. 12. .....

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May 02 1978 (SC)

Jadu Gopal Chakravarty (Dead) by His Lrs. Vs. Pannalal Bhowmick and or ...

Court : Supreme Court of India

Reported in : AIR1978SC1329; (1978)3SCC215; [1978]3SCR855

..... property dedicated is very large, and the religious ceremonies which are expressly prescribed by the settlor, cannot exhaust the entire income, some portion of the beneficial interest may be construed as undisposed of and cannot but vest as secular property in the heirs of the settlor. ..... jogendra had not acquired any vested interest in shebaitship, which on his death could devolve on his natural heirs. ..... in all such cases, the debuttar is partial and incomplete and the dedicated property does not vest in the deity as a juridical person. ..... this deed (which has been extracted earlier in extenso) starts with a declaration that the properties in the schedule are vested completely and permanently as debuttar. ..... all that properties in schedule is vested into the debuttar and trust property completely and permanently from today.2. .....

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Feb 01 1989 (SC)

Abdulla Kabir Vs. Md. Nasiruddin

Court : Supreme Court of India

Reported in : AIR1989SC931; JT1989(1)SC216; 1989(1)SCALE207; (1989)2SCC361; [1989]1SCR396; 1989(1)LC704(SC)

..... state-(1) the rights of all non-agricultural tenants and under-tenants under the west bengal non-agricultural tenancy act, 1945 (west bengal act xx of 1949), shall vest in the state free from all incumbrances and the provisions of sections 4, 5 and 5a of chapter ii of the west bengal estates acquisition act, 1953 (west bengal act i of 1954), shall, with such modification as may be necessary, apply ..... there is nothing to show that the non-agricultural land in plot no, 115/852 has vested in the state and the same has not been retained by the owner nor there is any thing to show that the original owner, sarat chandra dutta had in his possession non-agricultural land exceeding ..... (3) every intermediary whose estates or interests have vested in the state under sub-section (1), shall be entitled to receive an amount to be determined in accordance with the provisions of section 14v of this act.21. ..... the said section refers to the vesting of the interest of non-agricultural tenants by treating them as intermediaries and a right of retention of such non-agricultural lands within the ceiling limit has been provided therein. ..... (2) on the vesting of the estates and rights of intermediaries in any non-agricultural land under sub-section (1), the provisions of chapter iib of this act shall apply. .....

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