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Dhanvanthkumariba and ors. Vs. State of Gujarat

Court : Supreme Court of India

Reported in : (2005)1GLR159; JT2004(8)SC425; 2004(8)SCALE438; (2004)8SCC121; 2005(1)LC462(SC)

..... 185/53 concludes the case against the respondent-state inasmuch as in the said judgment, appellants are held to be the owners and that the land in question did not vest under section 6 of the act; the said judgment operated as res-judicata against the respondent-state in the present case; the trial court was right in holding so; learned single judge and division bench of ..... appellate court ought to have come to the conclusion that the disputed land had vested unto the state government inasmuch as it fell within one or the other of the aforesaid three categories envisioned by section 6 of the ..... it was contended on behalf of the defendant/appellants that the land came to be vested in the state of gujarat under the provisions of section 6 of the talukdari abolition ..... it was not waste land; it did not vest in the government and that the order dated 1.4.1952 vesting the land in the government was null and void. ..... 410 of umeta as claimed by the original plaintiff did not vest in the state under section 6 of the act and the plaintiff was the owner of the said land, it being his private ..... fell in any one of the categories so as to vest in the state under section 6 of the act. ..... from the possession of the plaintiff on the ground that it was a waste land and, therefore, vested in the government under section 6 of the act. ..... also held that the suit land stood vested in government under section 6 of the act ..... 410 and it not vesting in the state under section 6 of the act were specifically decided in the .....

Purappuzha Panchayat Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1972Ker241

..... that, before issuing such a notification, the government shall consult the panchayat concerned and give due regard to its objections, if any;(3) the government may, by notifi-cation in the gazette, order the transfer to, and vesting in, a panehayat, of any public road or class of public roads in the panchayat and thereupon such road or roads shall, notwithstanding anything contained in sub-section (1), but subject) to the other provisions of this act, ..... -- (1) all public roads in any pancha-yat area other than roads classified as national highways, state highways and the roads of the malabar district board, shall vest in the panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage works, tunnels and culverts, whether made ..... in support of this it was submitted that the word 'vest' was used in section 62 (1) as it stood before the amendment and therefore it must be taken that section 62 (1-a) when it refers to 'such vesting' it was referring to the vesting under the amended act and therefore the rights and liabilities in relation to the properties stood transferred with effect ..... the provisions of this act, all rights and liabilities of the government in relation to the public roads and other properties, materials and things vested in the panchayat under sub-section (1) or sub-section (3) shall, from the date of such vesting, be the rights and liabilities of the panohayat. .....

Adair Dutt and Co. (India) Pvt. Ltd. Vs. Appropriate Authority

Court : Chennai

Reported in : (1994)124CTR(Mad)1; [1994]210ITR1063(Mad)

..... , it was pointed out that in order to contain proliferation of the black money and tax evasion, the provisions in chapter xxc were introduced and, having regard to the provisions for vesting the property in the central government free of encumbrances, tenancy rights of the petitioner as an encumbrance would also be included thereunder, and the provisions of the tamil nadu buildings (lease and rent control ..... the petitioner, apart from disputing the stand taken by the respondent in the counter, it was pointed out that dispossession of a tenant from the premises in his occupation by reason of the vesting order free from all encumbrances, cannot counteract evasion of income-tax and wealth-tax and the pre-emptive purchase will be subject to the rights of the tenant in occupation and to say ..... is struck down and sub-section (1) of section 269ue must be read without the expression 'free from all encumbrances' with the result that the property in question would vest in the central government subject to such encumbrances and leasehold interests as are subsisting thereon except for such of them as are agreed to be discharged by the vendor before the sale is completed. ..... in this connection, we may refer to sub-section (5) of section 269ue which declares that nothing in the said section which deals with the vesting of property in the central government shall operate to discharge the transferor or any other person (not being the central government) from liability in respect of any encumbrances on .....

Karana Maravar Service Society Vs. the State of Tamil Nadu

Court : Chennai

..... the writ petitioners in the occupation of 'gramanatham' land to evict them from the land in question and decided the same in favour of the writ petitioners, on the ground that the 'gramanatham' land never vested with the government or town panchayat and the impugned order in cancelling the pattas in favour of the ancestors on the basis of the resolution passed by the panchayat with a view to evict them summarily is not sustainable ..... the relief was sought for before the high court on the ground that the land being gramanatham does not vest with the government and the government officials have no right to proceed against the writ petitioners in respect of the land ..... the plaintiff and the government, whereas, the ownership of the plaintiff is seriously denied by the contesting defendants/government authorities mainly on the ground that the land in question is classified as 'gramanatham' and is vested with the government and individuals have no right to effect any transfer or to claim any individual right of ownership over the same. ..... arising for consideration of this court in this second appeal is as to whether the suit property, being classified as gramanatham, is vested with the government or not and what is the right of the occupier over the suit property. ..... , the defendants 1 and 2 preferred an appeal and the lower appellate court though admitted the nature of the property to be gramanatham, negatived the plaintiff's claim for ownership and vested the ownership of the same upon the government. .....

The Commissioner of Sales Tax Vs. Roche Products Ltd.

Court : Mumbai

Reported in : (2008)11VST88(Bom)

..... the bill of lading in the name of the buyer, complete and defeasible title in the goods vests in the buyer (see apex court decision in the case of swaika oil mills 40 s.t.c. ..... the preparation of documents of title such as bill of lading and the fact that the assessee agreed to receive payment on tendering the documents of title does not mean that the property in goods continued to vest in the assessee even after the goods were placed on board the vessel. ..... , as stated hereinabove from the terms of the contract, it is clearly seen that the property and the risk in the goods vested in the buyer as soon as the goods were delivered on board the vessel. ..... above specific terms contained of the contract, it was held in those cases that the ownership of the goods vested in the seller till the goods crossed the customs frontiers of india. ..... that the intention of the parties under the contract was that the property and the risk in the goods would vest in the buyer as soon as the goods were placed on board the vessel. ..... the tribunal committed an error in presuming that the right in the goods and the property in the goods continued to vest in the assessee till the documents were delivered against payment. 22. ..... merely because the assessee helped the buyer in taking out the bill of lading and agreed to receive payment on presentation of bill of lading, it cannot be construed to mean that the property in goods would continue to vest in the assessee till the presentation of documents of title for payment. .....

Girikant Shivlal Pandya Vs. Vadilal Vrijlal Shah

Court : Mumbai

Reported in : AIR1936Bom164; (1936)38BOMLR211

..... the decision of the court that property acquired after the date of the bankruptcy did not vest until the trustee intervened, was frankly based on considerations of inconvenience and hardship which would follow on a strict interpretation of the statute. ..... now that rule is that property acquired by the insolvent after adjudication does not vest in the trustee in bankruptcy unless and until the trustee intervenes, and the learned district judge therefore referred the case back to the lower court in order to determine whether any part of the rs. ..... under the english act property of the bankrupt which vested in the trustee included all such property as might belong to or be vested in the bankrupt at the commencement of the bankruptcy, or might be acquired by or devolve on him before his discharge. ..... ) of section 28 of the provincial insolvency act; but at any rate the question as to whether after-acquired property vests on its acquisition or on the intervention of a trustee, arises in the case of rs. ..... 1,400 which were earned before the adjudication would vest in the trustee under sub-section (2) read with sub-section (? ..... 262 applies, and that in spite of the plain meaning of the words used in section 28 (4) of the provincial insolvency act of 1920, the property acquired by the insolvent after the date of the order of adjudication vests in the receiver only when the receiver intervenes. .....

Rangildas Varajdas Khandwala Vs. the Collector of Surat and anr.

Court : Mumbai

Reported in : AIR1957Bom270; (1957)59BOMLR527

..... uncultivated lands would include lands on which a building had been put up or which had been converted to non-agricultural use; but as apparently the legislature desired that such lands, although uncultivated, should not vest in the state government, or be deemed to be the property of the state government, such' lands were excluded from 'all uncultivated lands' by including in brackets after the words 'all uncultivated lands' ..... therefore, that the lands in question, which have a building on them or which are used for non-agricultural purposes, are not vested in the state government has, in my opinion, no relevance to the question as to whether they are liable to assessment under ..... happens by reason of the exclusion of such lands from the operation of section 7 is that they do not vest in the state government, but they remain liable, as other inam lands and inam villages do, to assessment to land ..... 5 are rendered liable to land revenue, while section 7 takes out of the operation of section 5 such portions of inam lauds and villages as are enumerated in that section and vests them in the state government and provides that they shall be deemed to be the property of the state government. ..... the liability of an inam 'village or inam land to payment of land revenue, while the ambit of section 7 is to take away certain well-defined lands out of inam lands and inam villages and to vest them in government and to provide that they shall be deemed to be the property of the state government. .....

Vidarbha Nagarpalika Parishad and ors. Etc. Vs. State of Maharashtra a ...

Court : Mumbai

Reported in : AIR1986Bom147; 1985(2)BomCR724; (1995)87BOMLR492; 1985MhLJ887

..... based on the same reasoning as in mohamed maqbool's case, which proceeds on the footing that the councilors have no right to continue in office after the expiry of five-year term and do not have a vested right to an extension of their term, with which we, for the reasons stated view taken both in mohamed maqbool's case, : air1982bom312 and in sudam's case, : air1985bom114 is not correct. ..... concurring with the view taken in mohamed maqbool's case, : air1982bom312 the division bench held that since there is no vested right in the councilors to continue in office after the expiry of normal term, the government was not bound to give any notice to the councilors before taking ..... 10 of the passports act, 1967, the supreme court held '............now, the law is well settled that when a statute vests unguided and unrestricted power in an authority to affect the rights of a person without laying down any policy or principle which is to guide the authority in exercise of this power, it would be affected by the vice of discrimination since ..... [1970]1scr457 , even in administrative matters where they affect the right of a citizen, the authorities vested with the power should act justly and fairly by observing the principles of natural justice. ..... 1scr193 , which throws light on the primary object of several enactments constituting local bodies in the following words'elections to local bodies and vesting of powers in units of self government are part of the directive principles of state policy (art. .....

Sakharam Bhoju Rathod Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(1)ALLMR183; 2005(1)BomCR386; 2004(3)MhLj1018

..... 1st day of april, 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 of such land if such land is cultivated by him personally and (i) the landlord has not given notice of the termination of tenancy in accordance with ..... of section 49a of the tenancy act clearly provide that on and from 1-4-1963, the ownership of all lands held by a tenant shall be transferred to and vest in such tenant and from the aforesaid date, the tenant shall be deemed to be the full owner of such land if such land is cultivated by him personally ..... any event, she submits that in view of the provisions of section 5-a of the said act, if the land cannot be restored or if the tribal does not wish to cultivate the land, then the land vests in the state government and as such, the petitioners will have no right to continue in possession.14. ..... in the case of rent control statute, it being a beneficial legislation, the benefit of the same should be made available to the tenant even though the same takes away vested right of the landlord unless there is express provision or clear implication to the contrary. ..... it is thus clear that the land had vested in the petitioner on 1-4-1963 and as such, the said vesting was within the period so as to invite the mischief of provisions of section .....

Amy Phirozshah Mistry and ors. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : AIR2002Bom399; 2002(2)ALLMR673; 2002(4)BomCR90; 2002(4)MhLj690

..... after giving a notice of fifteen days; and thereupon, the right of interest in that land shall be extinguished from the date specified in the order; and on the date on which possession is taken; the land shall vest without any further assurance and free from encumbrances in the state government:provided that, before or at the time of taking possession of any land under this subsection, the collector shall offer to the person interested ..... according to the petitioners, the said plot has remained and continued in their possession and it did not ever vest in the municipal corporation of greater bombay (for short, 'the corporation') as contemplated under section - 129 of the maharashtra regional & town planning act, 1966 (for short 'act of 1966') and, therefore, order under section 105b ..... and by the corporation on 21st july, 1980 itself and possession of the petitioners, thereafter would not affect the vesting of the said plot in the corporation under the provisions of section 129 of the act of 1966. ..... considering the evidence placed on record, it is held that the possession of the said plot was taken by the acquiring body and the said plot did vest in the corporation and in view thereof the order passed under section 105b is perfectly legal.8. ..... other words, whether the petitioners were justified in claiming that they have never been dispossessed and the said plot did not ever vest in the corporation and as a result thereof the notice under section 105b is without jurisdiction. .....