Court : Delhi
Reported in : ILR1974Delhi311
..... ) proceeding from this position the contention of the counsel for the petitioners is that section 6 which provides for payment to the owner of every textile undertaking an amount in cash by the central government for vesting in it under sub-section (1) and sub-section (2) of section 4 the management of sick textile undertakings of such company lays down no principles and only gives illusory compensation. ..... he, however, sought to argue that the continuance of the proclamation of emergency at the present time was a fraud on the constitution and was an abuse of the powers vested in the pesident by the constitution, as according to the learned counsel, there was no material on the basis of which the president could be satisfied that a grave emergency exists at ..... is not as if the property moveable or immoveable or assets belonging to the textile company in relation to the said sick textile undertaking and which vest in the central government are being appropriated by it or that it is open to the central government to utilise these assets etc. ..... it is apparent that when a management of the sick textile undertaking has vested in the central government under the impugned act, the textile company thouh legally continues to be the owner of the textile undertakings, is deprived of one of its rights viz to manage the textile undertaking and is denied ..... all the assets which are deemed to vest in the central government under section 4 vest only for the purpose of facilitating and managing the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... the landlord's rights by cultivating tenants and sections 65 to 71 making special provisions for a landowner who is a religions, charitable or educational institution of a public nature giving such institutions the right to choose whether the land should be vested in the government instead of being purchased by the tenant in consideration of the payment of an annuity in perpetuity by the government, or in case the land is pur chased by the tenant to choose whether it should be paid such ..... court repelled the argument and said that a charity created by a private individual is not immune from sovereign's power of compulsory acquisition for public mirposes, and that the vesting of the properties in the state under the provisions of the act in question there would not in any way affect the charity adversely because the net income that ..... to consider, while section 72-r which requires the cultivating tenant to pay jenmikaram under the kanam tenancy act where the right, title and interest of the kanam tenant have vested in him or in the government only transfers the liability from the kanam tenant who has disappeared to the cultivating tenant who has taken his place. ..... what the ceiling area shall be in respect of several classes of persons, while section 85 provides for the surrender of excess lands, section 80 for the vesting of excess lands, in government, section 88 for the compensation to persons surrendering land and sections 90 and 91 for the determination of the amount of compensation .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj101; (1968)9GLR579
..... property, thus, as observed by their lordships which remains undisposed of at the time of discharge must be treated as surplus to which the insolvent is entitled and he will thus get title to all such property and the vesting in the receiver whether under section 28(2) or section 28(4) would come to an end on an order of discharge subject always to the insolvent copying in full with the conditions of section 67 and then it is observed further ..... purchaser'these observations, as also the decision in the allahabad case above referred to were disapproved by the high court of calcutta, and it was held that once a particular item of property has vested in the official assignee by virtue of the operation of section 17 of the presidency towns insolvency act, that property cannot become reverted in the insolvent without any other action on the part of ..... was not bound to recognise the title of the receiver even if by the law of british india, which had no operation in the baroda state, the property had vested in the receiver, gajjar received the amount paid by the auction-purchased under orders of the court at kalol and the operation of that order was not liable to ..... air1926bom271 where it has been clearly laid down that the property of a debtor, who has been adjudicated insolvent under the presidency towns insolvency act, 1909, vests in the official assignee under section 17 wherever it may be situated, irrespective of the question whether the latter will be able to get possession of the .....
Tag this Judgment!Court : Kolkata
Reported in : 163Ind.Cas.109
..... (4) that even if the grant was not absolute but conditional, the conditions are unknown; (5) that under section 30 of the bengal municipal act of 1884 as amended by act iv of 1894 the roads including their sub-soil vested in the municipality and ceased to be private property of the plaintiff; (6) that the object of the grant was not frustrated by the acts of municipality complained of; (7) that free and comfortable movements ff the pedestrian passers-by have to ..... section 31 evidently contemplates private roads the surface of which did not vest in the municipality under section 30 of the act before the amendment ..... the roads in dispute, in the present suits not being private roads vested absolutely in the municipality and the plaintiff cannot, therefore, claim any right ..... has been amended by recent legislation and it is argued that by reason of that amendment the statute operates to vest all roads whether private or not, within the limits of the municipality. ..... the effect of section 30:the first question is 'is this pathway vested in the municipality under section 30 of the bengal municipal act? ..... raised on behalf of the appellant is that plaintiffs-right, of reversion in the land being private property, did not vest in the municipality under section 30 of the bengal municipal act. ..... the municipality, the surface of which, only vested in it but the sub-soil remained private property before the amendment, otherwise it is difficult to conceive any other kind of road for which the legislature .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR970
..... enquiry as may be prescribed, that he is prima facie entitled to be registered as an occupant under this chapter;(f) the land-owner, landlord and every person interested in the land whose rights have vested in the state government under clause (a), shall be entitled only to receive the amount from the state government as provided in this chapter;(g) permanent tenants, protected tenants and other tenants holding such lands ..... to any person under this chapter;(d) no such lands shall be liable to attachment in execution of any decree or other process of any court and any attachment existing on the date of vesting and any order for attachment passed before such date in respect of such lands shall cease to be in force;(e) the state government may, after removing any obstruction which may be offered forthwith ..... other person and any payment, made in contravention of this clause shall not be valid;(c) all arrears of land revenue, cesses, water rate or other dues remaining lawfully due on the date of vesting in respect of such lands shall after such date continue to be recoverable from the land owner, landlord or other person by whom they were payable and may, without prejudice to any other mode ..... is entrusted with the duty and responsibility of determining the rights of the tenants for occupancy rights and also distributing the excess lands which stand vested in the state government in accordance with the provisions of section 77 of the act as is clear from section 48a read with section 112b .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP343; 1991(2)ALT547
..... laid or erected and whether made, laid or erected at the cost of gram panchayat or otherwise for the use or benefit of the public, and also any adjacent land, not being private property, appertaining thereto shall vest in the gram panchayat and be subject to its control : provided that nothing in this sub-section shall apply to any work which is, or is connected with, a work of irrigation or to any adjacent land appertaining to ..... in the very nature of things back water or a swamp cannot vest in the panchayat whether it be nidamarru panchayat or kruttivcnnu panchayai or for that ..... question of the interu swamp and the backwater vesting in any panchayat as the law stand to-day.14 ..... miscellaneous appeal the district judge, krishna at machilipatnam felt that the swamp area is a natural stream and that it is one of the items which would vest in the panchayat under the panchayats act. ..... tanks have vested in the biceavole panchayat and the biceavole panchayat alone has the fisheries rights in these tanks that that vested in the ..... water-courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand pipes and other water works including those used by the public to such an extent as to give a prescriptive right to their use vest in the gram panchayat. ..... consideration in this litigation are - (1) whether interu swamp and the plaint schedule area the mouth of the swamp come within the definition of s.2(32) 'water course' and whether it is a thing which vests in the gram panchayat u/s. 85? .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP99
..... conditions imposed by the state government, all property of the nature hereinafter in this section specified within the limits of the municipality, shall vest in and be under the control of the council and with all other property which has already vested, or may hereafter vest in the council, shall be held and applied by it as trustees for the purposes of this act, that is to say--(a) all ..... qfuflisfyvh dksdkuwu gqlwy vkjkth leor 1974 ds fgllk nk;se ds vgdke ds eqrkfcd eqvkotkfn;k ;k fnyk;k tk;sxkathis provision clearly lays down that such properties shall vest in the municipality and shall be in its possession, the only restriction being that the municipality shall be entitled to use and spend these properties for the purposes of the act. ..... belong to the municipality, and shall, together with all other property, of what nature or kind so ever not being specially reserved by the government, which may become vested in the municipality, be under their direction, management and control, and shall be held and applied by them as trustees, subject to the provisions and for the purposes ..... government or acquired by gift purchase or otherwise for public purposes; (2) the state government may, by notification, direct that any property which has vested in the council shall cease to be so vested; and thereupon the property specified in the notification shall cease to be so vested, and the state government may pass such orders as it thinks fit regarding the disposal and management of such property. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR437(Jhr)]
..... the writ petition of the plaintiff-respondent and observed that the machineries, equipments, fixtures and other properties used in connection with the colliery on the date of the vesting had also vested under the nationalization act although such machineries, equipments belonged to some other concerned and not to the owner of the colliery at the relevant point of time and ..... ratio of the case of valley refractories private limited (supra) that the machineries, equipments, fixtures and other properties used in connection with the colliery on 'the date of vesting had also vested under nationalization act although such machineries, equipments belonged to some other concerned and not to the owners of the colliery at the relevant point of time and the remedy of ..... mines (nationalization) act 1973, the right, title and interest of the owners in relation to the coal mines specified in the schedule shall stand transferred to and shall vest absolutely in the central government free from all encumbrances and the machineries, equipments, trucks jeep and bulldozer etc, belonging to any person which were used for the purpose of ..... compensation but the sub-area manager aforesaid vide theirletterdated22.11.1973and24.01.1974 returning therewith the aforesaid bills informed the plaintiff-respondent that the aforesaid equipments in question stood vested in the central government and, thereafter, with the coal mines authority under the coal mines (nationalization) act, 1973 on and from 01.05.1973 and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC878; JT2000(1)SC555; 2000(1)SCALE435; (2000)2SCC572; [2000]1SCR673
..... to which provisions of clauses (a) to (c) of sub-section (1) of section 18 apply or on land referred to in section 8, and(vi) tanks, ponds, private ferries, water channels, path-ways and abadi sites, situate in a circle, which had vested in the state under this act, shall vest in the gaon sabha established for the circle:provided that, it shall be lawful for the state government to make the declaration aforesaid either in respect of all or any of the things mentioned in clauses ..... committee shall have the right to admit any person as sirdar to any land (other than land falling in any of the classes mentioned in section 132) where-(a) the land is vacant land,(b) the land is vested in the gaon sabha under section 117, or(c) the land has come into the possession of land management committee under section 194 or under any other provision of this act.37. ..... (1) the gram panchayat shall also be the bhumi prabandhak samiti and as such discharge the duties of upkeep, protection and supervision of all property belonging to or vested in or held by the gram panchayat under section 117 of the uttar pradesh zamindari abolition and land reforms act, 1950, or under any other provision of ..... land reforms act, the land in dispute, which was held by the consolidation officer and settlement officer (consolidation) to be the land appurtenant to the staff quarter of the sugar mill, had not vested in the state under section 6 of the act as a consequence of the notification issued under section 4 of the act. .....
Tag this Judgment!Court : Delhi
Reported in : 130(2006)DLT260
..... or other legal proceedings instituted by or against the board or transferor, as the case may be, may be continued or instituted by or against the government or concerned transferee, as the case may be.rule 5(2) reads as follows:(2)on such transfer and vesting of the undertakings in terms of sub-rule (1) the respective transferee shall be responsible for all contracts, rights, deeds, schemes, bonds, agreements and other instruments of whatever nature, relating to the respective undertaking and assets ..... transfer of assets and liabilities, read as follows:'3 (1) on and from the date of the transfer to be notified for the purpose, all the assets, liabilities and proceedings of the board shall stand transferred to and vest in, the government absolutely and in consideration there of the loans, subventions and obligations of the board tot he government shall stand extinguished and cancelled, which shall be in full and final settlement of all claims whatsoever of ..... distributing company established under the provisions of sub-section (1) of section 14 (hereinafter referred to as 'the transferor licensee'), or any generating company to draw up a transfer scheme to vest in a further licensee or licensees (the 'transferee licensee or licensees'), or any generating company, any property, interest in property, rights and liabilities which have been vested in the transferor licensee or generating company, as the case may be, under this section and publish the same in the official gazette. .....
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