Court : Karnataka
Reported in : ILR1995KAR2111; 1995(3)KarLJ306
..... , ferries, pathways, village sites, hats, bazars and melas; and in all subsoil, including rights, if any, in mines and minerals, whether being worked or not, shall cease and be vested in the state for purposes of the state free of all encumbrances; and the mortgage debt or charge on any proprietary right shall be a charge on the amount of compensation payable for such proprietary ..... certificate issued by the court or any authority or any contract, grant or other instrument or any other law for the time being in force, with effect from the date of vesting of the land in the state government from the date of enforcement of the amending act, the consequences referred in various clauses did ensue and the first consequence of which has ..... 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 other 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, ..... 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 landowner, landlord or other person by whom they were payable and may, without prejudice to any other mode .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD210
..... the respondents, as the petitioners are not in actual occupation of the land, they are not entitled for grant of ryotwari patta and, therefore, the order vesting the land in question in the government is just and proper and does not warrant any interference by this court.6. ..... deputy tahsildar who initiated proceedings under section 7 of the act treated the same was waste land and declared them to have vested in the government free from all encumbrances in terms of section 2-a of the act, as it was not under actual cultivation ..... learned counsel, section 2-a of the act was inserted by the amendment act 20 of 1975 in order to vest the communal lands and other lands which are not fit for cultivation, in the government free from all encumbrances, but it is not intended to vest any land belonging to individual inamdars, whether they are in possession of the inamdars or the tenants. ..... subsequently, by amendment act 20 of 1975, section 2-a was inserted for the purpose of vesting all communal lands, porambokes, grazing lands, waste lands, mines and quarries, tanks, tank beds, and irrigation works, ..... as it was not under actual cultivation, the revenue divisional officer also treated the land as waste-land and held that it automatically vests in the government free from all encumbrances under section 2-a of the act. ..... under the original scheme of the act, there is no provision for vesting of the land either in the government or in any other person except in the inamdar or if there is a tenant, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALT674
..... where in exercise of the powers conferred by sub-section (1a) of sub-section (2) the central government or the state government as the case may be undertakes prospecting or mining operations in any area in which the minerals vest in a private person, it shall be liable, to pay prospecting fee, royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would have been payable under this ..... learned counsel would further submit that under section 17a(3) of the act, even the central government or the state where they actually undertakes mining operation in an area where the minerals vest in a private person, they will be liable to pay only prospecting fee, royalty, surface rent or dead rent as the case may be from time to time 'at the same rate at which it would have been ..... further contended that what the central government or the state government has to pay under section 17a(3) to a private person when they undertakes mining operations in an area where the minerals vest in a private person, the same are only required to be paid to apmdc and it cannot be paid anything more than what the government itself or the private person would have ..... applications for grant of mining leases and rule 22(1) says that an application for the grant of a mining lease in respect of land in which the minerals vest in the government shall be made to the state government in form i through such officer or authority as the state government may specify in that behalf. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All248
..... of the entire cost of construction of ' tej punj' with full understanding that he will have nothing to do with the money which was given as a gift for radha swami dayal and that the same shall vest in the sabha for the benefit of the satsangis and the house which would be constructed and of which he would defray all cost was to be the property of the sabha in which he will only have a ..... houses are granted rights of occupancy in houses, in law amounting to licence, limited to the lifetime of tie offerer, subject to the observance of rules for the time being in force with absolute discretion vesting in the sabha to grant similar rights after the death of the offerer to a nominee or heir of such, person in case such nominee or heir is considered fit for residence in dayal bagh. ..... deity in the temple before the gift could become complete was not necessary, so that till the temple was constructed or the deity was installed, the property could remain vested in the trustees for carrying out the purposes of the trust, that is to say, the construction of the temple and the installation of a particular deity. ..... making bhent for the construction of quarters the satsangi offering the donation was to lose control over that money which was to vest in the sabha and one of the houses of the type asked for was allotted to the satsangi for his life. ..... every other bhent, the bhent made for the construction of houses also vested in the plaintiff sabha and the satsangi offering the bhent retained no .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H134
..... gram panchayat, village kheri jamalpur 1980 punj lj 204 as to whether the rival claims of the government and the land-owners over the vesting of brick-earth, a minor mineral, must be adjudicated upon only on the basis of the entries in the sharait-wajib-ul-arz of the revenue ..... the full bench vide its judgment dated 3rd june, 1982 held that the rival claims of the parties over the vesting of the brick-earth are not constricted to adjudication only on the basis of entries in the sharait-wajib-ul-arz of the revenue estate and the claim to rebut the presumptions raised in section 42 of the ..... 42(2) of the act, it has to be specifically provided that such and such mineral would vest in the government and it has not to be vague otherwise if this word 'etc' was to include all minerals, then the provisions of section 42(2) ..... to the learned counsel, the later wajib-ul-arz completed after november, 1871, did not specifically mention that the brick-earth would vest in the state government, the only presumption that could be raised under s. ..... punjab act, stressed that since they were being asked to pay revenue on the basis that the land was not being put to agricultural use it went to show that the minor-minerals vested in the land-owners and not the state government. ..... however as we are holding that the brick-earth vests in the land-owners, the state government would be entitled to chargerevenue under the punjab land revenue (special assessment) act, 1955, but would notbe entitled to charge .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H273
..... 10, the whole property, or, as the case may be, the evacuee interest in the property thus separated shall vest in the custodian free from all encumbrances and liabilities and any payment, transfer or partition made or, effected under ..... the act clearly provides that in the absence of any claim, the competent officer can vest whole of the property in the custodian free from all encumbrances and liabilities. 7. ..... held that after such specific determination by the custodian, the competent officer could not vest the competent officer could not vest the remaining non-evacuee share in the properties in the custodian. ..... 1954(annexure 'b') is liable to be set aside because the competent officer had no jurisdiction to vest the equity of redemption in the land in dispute, which was owned by mal singh, in ..... of the learned counsel for the petitioners is that the competent officer had no jurisdiction too vest the equity of redemption, which was owned by mal singh, in the custodian. ..... the mortgagee rights in the land in dispute, therefore, stood vested in the custodian and the equity of redemption continued to be ..... the absence of any claim, the competent officer vested the land in the custodian vide order dated 26th ..... the competent, officer, therefore, could not vest the equity of redemption in the custodian in terms of rule laid ..... respondent was allotted land measuring 32 kanals 10 marlas out of the land which at one time was owned by mal singh and was vested in the custodian by the competent officer in 1954. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)105PLR188
..... reservation made or to any special conditions imposed by the state government, all property of the nature hereinafter in this section specified and situated within the municipality, shall vest in and be under the control of committee, and with all other property which has already vested or may hereafter vest in the committee, shall be held and applied by it for the purposes of this act, this is to say:- (a) to (e) xxxx xxx xxx xxx (f) all land or other ..... the additional director, consolidation of holdings, punjab (annexure p-1) to the extent it allowed the municipal committee the land measuring 365 kanal is quashed and it is held that the land in dispute does not vest in the municipality and continues to be under the ownership of the right-holders who are entitled to get the same partitioned according to their respective shares. ..... court that by inclusion of property within the limits of a municipality, the owner is not divested of its ownerships the property shall remain the property of the owner and only the power of municipal administration comes to vest in the municipality and it can apply to all the notifications, bye-laws, rules etc. ..... previously there was a proviso to this rule that land which vested in the panchayat under the punjab village common lands (regulations) act, 1961 or the lands, the management and control of which vested in the panchayat under the east punjab holdings (consolidation and prevention of fragmentation) act, 1949 shall revert to the co-sharers and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1999(2)CTC306; JT1999(5)SC232; 2004(3)SCALE529; (1999)3SCC290
..... such terms and conditions as that government may think fit to impose, direct, by an order in writhing, that the right, title and interest of an owner in relation to a coal mine referred to in section 3, shall, instead of continuing to vest in the central government, vest in the government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day), as may be specified in the direction. ..... with such terms and conditions as the union might think it fit to impose, to direct in writing.that the right, title and interest of an owner in relation to a coal mine referred to in section 3, shall, instead of continuing to vest in the central government, vest in the government company....therefore, the right, title and interest of the erstwhile owner of the birsinghpur colliery in its property, which ..... , by reason of section 5 and 11, the right, title and interest of the erstwhile owner of the birsinghpur colliery in the property thereof as also in the superintendence, control, management and business thereof which had vested in the union, now vested in the appellant consequent upon the direction in that behalf issued by the union under section 5. ..... the general superintendence, direction, control and management of the affairs and the business of the colliery, which by reason of section 3 had vested in the union, new 'vest in the government company' in whose favour the direction under section 5 had been made. .....
Tag this Judgment!Court : Kerala
Reported in : [1991]190ITR164(Ker)
..... of the company, and the right, title, interest and liabilities of the company in relation to its undertakings which have vested in the government under section 3, except any undertaking or undertakings specified in the notification and the right, title, interest and liability in relation to the undertaking or undertakings so specified shall, instead of continuing to vest in the government, vest in a government company either on the date of the notification or on such earlier or later date (not being a date ..... interest and liabilities of the company in relation to all or any of its undertakings vest in a government company under sub-section (1), the government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to the undertaking so vested, and all the rights and liabilities of the government in relation to such undertaking shall, on and from the date of such vesting, be deemed to have become the rights and liabilities of the government company. ..... it is reiterated that the government is not bound to pay liabilities which arose prior to the date of vesting, and under section 7(4), the government is liable only for unspecified liabilities which arise in future. ..... the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the government, or where the undertakings of the company are directed under section 6, to vest in a government company, against that government company.' 11. .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]81ITR375(Guj)
..... to section 21 but the addition of the words 'but not otherwise' make a vital cannot treat them as mere surplusage adding nothing to the words before them as clearly conveying the intention of the settlor that the vesting of interest in the corpus of the trust funds in the assessee should not take place at any time prior to the expiration of the period of distribution. ..... to section 21, that the interest in the corpus of the trust funds coming to the assessee under clause 2, sub-clause (b), though apparently contingent, on her being alive at the date of expiration of the period of distribution, was really vested since the settlor also gave to her absolutely the income to arise from such interest before the expiration of the period of distribution. ..... end of section 19 are not to be found in section 21, but that makes no difference because, as pointed out above, section 21 is complementary to section 19 and if a contrary intention appearing from the terms of the transfer is to prevail in determining whether an interest is vested or not for the purpose of section 19, it must equally prevail in determining whether the interest is contingent or not for the purpose of section 21. ..... hammond, this observation must equally apply here and if there is a declaration expressing clear and definite intention of the settlor that the assessee shall take a vested interest on the expiration of the period of distribution and not earlier, it would exclude the rule enacted in the exception to section 21. 14. .....
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