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Shailesh R. Shah Vs. State of Gujarat

Court : Gujarat

Reported in : (2002)3GLR447

..... act.11.2 under section 196(1), all existing public drinking fountains, tanks, reservoirs, cisterns, pumps, wells, ducts and works for the gratuitous use of the inhabitants of the city shall vest in the corporation and be under the control of the commissioner; and under sub-section (2) of section 196, the commissioner may maintain the said water works and regulate the use ..... act, 1963, inter alia, provides that all property of the nature specified therein, not being specially reserved by the state government, shall be vested in and belong to the municipality, and shall, together with all other property of whatever nature or kind, which may become vested in the municipality, be under its direction, management and control, and shall be held and applied by it as trustee, subject to the provisions ..... the town planning schemes and development plans, as also those in the areas not so covered throughout the state, in short all the water-bodies in the territory of the state that vest in the state and/or the area development authorities or the local bodies including panchayats, in the official gazette within three months from the date of this order.18. ..... planning schemes and the development plans, as also those in the areas not so covered throughout the state, in short, all the water-bodies in the territory of the state that vest in the state and/or the area development authorities or the local bodies including panchayats, in the official gazette within three months from the date of this order. .....

Banshidhar and ors. Vs. State

Court : Rajasthan

Reported in : AIR1977Raj46

..... which, in his opinion, is not capable of any other interpretation except that sub-section (5) when read with sub-sections (3) and (4) clearly manifests the intention that the land held in excess shall vest in the state government only when such land has been either surrendered by the land-holder under sub-section (2) of section 30-e or the land-holder after he was declared a trespasser under sub-section ..... the land is factually surrendered or the land-holder has been actually ejected from such excess land treating him to be a trespasser under sub-section (4) the land of the land-holder shall not vest in the government but sub-section (5) in our opinion is not very relevant to determine the rights of the state accrued under sub-section (1) of section 30-e and the obligation cast on the ..... authority lays down that if the interest does not depend upon some event or condition which may or may not happen or be performed then the interest or right is called the vested right meaning thereby that when there is an immediate right of present enjoyment or a present right of future enjoyment, then, such a right shall be deemed to have accrued to ..... singhvi went to the extent in making his submission that if the right created in favour of the state by the statute under section 30-e (1) (a) without a right which really vested in the state even then such a right cannot be taken away by a subsequent legislation and on the basis of such inchoate right the state could claim protection under section 6 .....

Union of India (Uoi) Vs. Municipal Council and ors.

Court : Rajasthan

Reported in : RLW2007(3)Raj2284

..... of commencement of the constitution that the mere fact that such property and assets were held immediately before such commencement would have the effect of vesting such property in the union government provided of course the purpose for which they were being used for fall in one of the entries in the union list.15 ..... critical examination of the aforesaid provision would make it clear that all properties and assets which immediately before the commencement of the constitution were vested in any indian state corresponding to a.state specified in part b of the first schedule shall vest in the union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the ..... the said provision clearly provides that 'all properties and assets which immediately before such commencement were vested in any indian state corresponding to a state specified in part b of the first schedule shall vest in the union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the ..... -(1) as from the commencement of this constitution-(a) all properties and assets which immediately before such commencement were vested in any indian state corresponding to a state specified in part b of the first schedule shall vest in the union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the union relating .....

Devidas Sitaram Gole and Others Vs. Purushottam Balkisanji Mantri and ...

Court : Mumbai Nagpur

..... 1963 the ownership of all land held by a tenant (being land which is not transferred to the tenant under section 46 or which is not purchased by him under section 41 or 50 shall stand transferred to and vest in such tenant who shall, from the date aforesaid, be deemed to be the full owner of such land, if such land is cultivated by him personally, and (i) the landlord has not given notice of the termination ..... from the first day of april, 1961, the ownership of all lands held by tenants which they are entitled to purchase from their landlords under any of the provisions of this chapter shall stand transferred to and vest in, such tenants and from such date such tenants shall be deemed to be the full owners of such land: provided that if on such date any such tenant is of the following category, namely:- (a) ..... in any case in view of provisions of section 49-a of the tenancy act, the ownership of all land vested in favour of the tenant and an application on any count including surrender of tenancy was not permissible after ..... all lands held by tenants which they are entitled to purchase from their landlords under any of the provisions of the said chapter shall stand transferred to and vest in, such tenants and from such date such tenants shall be deemed to be the full owners of said land. ..... it provides that from 1.4.1963 the ownership of all land held by a tenant shall stand transferred to and vest in such tenant, who shall, from the date aforesaid, will deemed to be the full owner of such .....

Gustavo Renato De Cruz Pinto Vs. State of Goa and ors.

Court : Mumbai

Reported in : 1988(2)BomCR553

..... the government free from all encumbrances : that, in effect it becomes the property of the government without any conditions or limitations either as to the title or possession and further that the legislature has meant clearly that vesting of the property is not for any limited purpose or limited duration.22. on an analogy, he now relies on section 48 of the land acquisition act, more particularly, sub-section (1) which does not permit the ..... while negativing the challenge regarding the diversion of the part of land already acquired for establishing a housing colony, the supreme court held that once the original acquisition is valid and title vested in the municipality then how the municipality uses the excess/surplus land is no concern of the original owner and cannot be the basis for invalidation the acquisition.it is true that insofar ..... . bhagwat and others, : air1975sc1767 where it is again reiterated that after possession of the land forming the subject-matter of the acquisition, the land vests in the government and the government or the authority for whom the acquisition is made is not at liberty to with draw from acquisition of land of which possession has already been taken.regard being ..... on but once the acquisition proceedings are over and culminate in award, there can be no bar for the change of purpose, the principle enunciated is that once the land is vested in the authority for which it was acquired it has right to put the land to such use as it thinks proper and fit. .....

Y. Mahesh Vs. Mysore Urban Development Authority

Court : Karnataka

Reported in : ILR1993KAR1791; 1993(3)KarLJ411

..... provisions of the act because the lands owned by several persons covered by the development schemes in question have not been acquired in accordance with law, and thus they are not vested in the muda; that even otherwise, the title to the lands is not acquired by purchase inter-vivos, as such the steps taken by the muda to call for the ..... basis; that the muda is not transgressing the law and in this process it has not caused incalculable injury to the interest of the public, that the petitioners are only espousing the cause of vested interests on the guise of serving public interest; that nearly 1806 acres of land is covered under the scheme; that under section 35 of the act, muda is entitled to purchase lands by ..... for allotment of sites to the persons eligible for allotment; that the 2nd respondent is not the muda; that the 2nd respondent has exceeded the authority and is trying to exercise the jurisdiction not vested in him; that without acquisition of land and without forming layout, no steps for calling for application for allotment of sites can be taken; and as far as the entire action of the respondents ..... no notification under section 19 of the act is issued; that no layout is formed and could have been formed because the lands comprised in the schemes in question are not vested in the muda; that muda has no jurisdiction to offer sites for allotment even before the acquisition formalities completed and developmental works are undertaken; that the muda has transgressed the law .....

Union of India (Uoi) Vs. B.M. Krishnamurthy

Court : Karnataka

Reported in : ILR1995KAR347; 1995(4)KarLJ607

..... (2) when a notice as aforesaid is published in the official gazette, the requisitioned property shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the central government from all encumbrances and the period of requisition of such property shall end. ..... ceased to have any connection with this land and further the learned arbitrator erred in not considering that the occupancy rights in respect of this land was not conferred on the respondent though the land vest with the state government and hence the respondent was not entitled for any rental compensation. ..... is acquired under the land acquisition act, only after an award is passed by the collector under section 11 of the said act, then alone will the collector be entitled to take possession of the land which shall thereafter vest in the government free from all encumbrances (vide section 16 of the l.a. ..... , after the award, the property shall vest free from all encumbrances with the appropriate government. ..... such an award will not clothe the collector to proceed under section 16 of the act and the ownership of the property will not vest in the appropriate government as well. .....

Hanumanthappa Sannappa Myadeneri Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1995KAR1867; 1995(2)KarLJ472

..... grant, specifically to any one right to excavate or right to mines or quarry given by or on behalf of the government, then the general principle of law to the effect that right to mines and minerals shall expressly vest in the state government, may not apply, otherwise, if there is no case pleaded by the party to the effect that under some special law or under the terms of grant itself, he had been granted the right ..... be that as regards the government lands which have been granted by the government or on behalf of the government ordinarily, the rights with respect to the mines, minerals and mineral products shall vest absolutely in the state government and the state government has been given right and power which are necessary for its enjoyment and disposal of such rights subject to provisions of mines and minerals ( ..... of section 70 as well as the law laid down by the full bench decision of this court referred above, right to mines and mineral products absolutely remains vested with the government and as such, petitioner did not get any such right to excavate anything from the sub-soil or any mineral products of the sub-soil ..... the terms of any grant made, or any other instrument of transfer executed by or on behalf of the government for the time being, the right to mines, minerals and mineral products shall vest absolutely in the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 (central act no. .....

Commr. of Income-tax, U.P., Lucknow Vs. Radhaswami Satsang Sabha

Court : Allahabad

Reported in : AIR1954All291; [1954]25ITR472(All)

..... dayalbagh sect treated as trust properties, and not for their personal use, and ultimately it became necessary to have a body constituted in whom all these properties should vest and who should be in charge of the management of the properties.thus the sabha was founded in 1910 and came to be registered under the charitable societies registration act ..... mr. pathak, learned counsel for the commissioner, urged that the properties neither belong to the sabha nor are vested in it and are all vested in the' guru as-his personal property and he relied upon the decision of the privy council in 'chhotabhai's case (a)' but, when faced with the finding of the tribunal ..... of the radhasoami faith of the dayalbagh school to the deity (radha swami dayal) in pursuance of the dictates of their faith and in accordance with the constitution of the sabha vest in the sabha under a legal obligation wholly for religious and charitablepurposes within the meaning of section 4 (3) (i), income-tax act? 2. ..... 64. our answer to the first two questions formulated by the tribunal is, therefore, as follows:the 'bhents' (offerings) vest in the sabha under a legal obligation wholly for religious or charitable purposes of the sabha but the 'bhents' cannot be said to be ..... schedule a in respect of the rents and profits of any lands, tenements, hereditaments, or heritages belonging to any hospital, public school or almhouse, or vested in trustees for charitable purposes, so far as the same are applied to charitable purposes .....

Manoharsingh and anr. Vs. Caltex Oil Refining (India) Ltd., Bombay and ...

Court : Madhya Pradesh

Reported in : AIR1981MP123; 1981MPLJ202

..... that government may think fit to impose, direct by notification, that the right, title and interest and the liabilities of caltex (india) in relation to any of its undertakings in india shall, instead of continuing to vest in the central government, vest in the government company either on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification, (2) when the ..... secure any premises for any purpose) which caltex (india) held immediately before the appointed day, shall, notwithstanding anything contained in any other law or in any agreement or instrument relating to such right or interest, vest in, and be held by, the central government on and after the appointed day on the same terms and conditions on which caltex (india) would have held it, if no negotiations had taken place for the ..... right, title and interest and the liabilities of caltex (india) in relation to its undertakings in india vest in a government company under sub-section (1), all the rights and liabilities of the central government in relation to such undertakings shall on and from the date of such ..... the second contention raised by the learned counsel for the petitioners is that the notification under section 9 (3) vesting the undertakings of the caltex (india) in the caltex oil refining was issued under section 9 (3) of .....