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State of Karnataka Vs. Dundamada Shetty

Court : Karnataka

Reported in : ILR1993KAR2605; 1994(3)KarLJ378

..... land revenue act, 1964 in order to prevent illegal quarrying, mining of granites and other minor minerals carried on in the patta or hiduvati lands in several parts of the state and to vest the rights over the minor minerals in the patta lands, with the state government.under the saving provision in section 70 of the karnataka land revenue act, 1964 the pattaholders were continuing ..... indicate that atleast from the date of enactment of section 38 of the mysore code in 1888, so far as minor minerals like granite were concerned, the state did not claim absolute vesting in itself and on the contrary, exempted these minor minerals from the sweep of section 38, meaning thereby, the state did not claim any right in such minor minerals and of necessity ..... the government for the time being, the right to all precious metals, precious stones, coal and other minerals to be extracted by any process of mining from any lands whatsoever, shall vest absolutely in the government, and the government shall, [subject to the provisions of mines and minerals (regulation and development) act, 1948 (central act liii of 1948)], have all the ..... the learned advocate general, in this connection, submitted that as section 38 of the mysore code itself shows there was a possibility of certain minerals, even major minerals being vested in the pattadars by express grant and that is why there is a specific provision in section 38 of the code that unless it is otherwise expressly provided by the terms of the grant or .....

Municipal Committee Vs. Ramkaran Ganeshilal

Court : Madhya Pradesh

Reported in : AIR1958MP355

..... apply to a suit instituted after the municipal committee had been superseded; (2) when the committee is superseded, the powers and duties of the committee vest in the officer appointed by the government and the committee becomes dormant; and (3) where a claim is made against the property, which has vested in the state because of section 57 (2) of the act, then it is obligatory under section 80, civil procedure code, to serve a notice ..... ' thereafter, it was observed : 'the only reasonable view then is that he (the draftsman) took it that the provision that the property shall vest in the governor in council during supersession only, implied, as it undoubtedly does, that thereafter it devolves by operation of law on the resuscitated council ..... be mentioned here: (1) a municipal committee cannot, without the previous sanction of the provincial government, transfer any land which has been acquired for and vest in the committee or divert such land to a purpose other than the purpose for which it has been acquired. ..... 1923 bom 459) (s) it was laid down that the mere fact that government would have some interest in all public streets vested in municipalities was not any reason for holding that government was a necessary party in a suit of this nature. 25. ..... administrator comes in place of the municipal committee and he cannot say that as the property of the municipal committee has vested in the state, he cannot be governed by the provisions of the municipalities act, i do not think that .....

Jagannath Prasad Vs. Municipal Committee and anr.

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ212

..... of the judgment it was observed that so far as public townhalls gates, public streets, springs, public sewers, lanes, public streets and roads within the municipality are concerned the vesting section must be so construed as to give to the municipality the lease concern with the property that is compatible with the proper exercise on the power in relation to these ..... lordships of the privy council observed at page 459 :'now it has been settled by repeated authorities which were referred to by the learned chief justice that the vesting of a street or public way vests no property in the municipality, beyond the surface of the street and such portion as may be absolutely necessarily incidental to the repairing and proper management of the street, but it ..... a majority of not less than two thirds of its members and in accordance with rules made under this act, and no council shall transfer any property which has been vested in it by the state government except with the sanction of the state government :provided that nothing in this section shall apply to leases of immovable property for a term not exceeding three years.'6. ..... the local authority and therefore, there was given to them an actual property in the street and the materials thereof...........it is intelligible enough that parliament should have vested the street qua street and indeed, so much of the actual soil of the street as might be necessary for the purpose of preserving and maintaining and using it as a street.'19. .....

international Airport Authority of India Vs. Municipal Corporation of ...

Court : Delhi

Reported in : AIR1991Delhi302; 43(1991)DLT601a

..... 1984 reported in 1985 mah lj 345 while referring to the decision of the supreme court in fruit & vegetable merchants union air 195 sc 344 (supra), the court held that the word 'vest' has not a fixed connotation and the high court relying upon the aforesaid judgment of the single judge of calcutta high court in india tourism development corporation limited (supra), came to the conclusion ..... under sub-clause (a) of sub-section (2) of section 40 it is provided that with effect from the date specified in the notification under sub-section (1), all properties, funds, dues which arc vested in or realisable by the board shall vest in and be realiable by the state government if the board was acting as a department of the state government or was merely an agent undertaking the activities for and on behalf of the state government ..... tourism and civil aviation to the chief secretaries of madras, calcutta and delhi in which it is stated that the ministry of law and justice bad given a legal opinion that the vesting of the properties in the petitioner was for a limited purpose of management of the airport and that the owner- ship of the properties continued to remain with the central government. (5) mr. b. ..... clear that the board which is a distinct legal entity will have property and assets of its own and all property, fund and other assets shall stand vested in the board and the board is enjoined with a duty to apply the funds and assets only for the purposes of the act and for no other purpose .....

The Govt. of Tamil Nadu by Its Secy. R.D. and L.A. Dept. Vs. the Ching ...

Court : Chennai

Reported in : (1986)1MLJ272

..... lord morris delivering the judgment of their lordships of the privy council stated:now it has been settled by repeated authorities, which were referred to by the learned chief justice, that the vesting of a street or public way vests no property in the municipality, beyond the surface of the street and such portion as may be absolutely and necessarily incidental to the repairing and proper management of the street, but it does not ..... the primary aspect argued by the learned advocate general is that a municipality does not own public streets and the ownership continued with the state and the vesting of public streets and appurtenances in the municipal council under section 61 of the act is only for the purpose of maintenance, repairs and improvements of public streets as streets and nothing ..... has made the following observations:now that section has received by this time an authoritative interpretation by a long series of cases, it was not by that section intended to vest in the urban authority what i may call the full rights in fee over the street, as if that street was owned by an ordinary owner in fee having the fullest rights both as to ..... in the urban authorities under section 149 of the public health act, 1875, lord herschell, observed:my lords, it seems to me that the vesting of the streets vests in the urban authority such property and such property only as is necessary for the control, protection and maintenance of the street as a highway for public use.the above principle .....

Silambani Sri Chidambara Vinayagar Devasthanam, Devakottai Through Its ...

Court : Chennai

Reported in : (1967)2MLJ181

..... building so situated which, immediately before the notified date, belonged to any such landholder and the whole or principal part whereof was then in the occupation of any religious, educational or charitable institution, shall also vest in the government, free of all encumbrances, with effect on and from the notified date:provided that when such institution ceases to exist, the building shall revert to such landholder, or if he is dead, ..... shall be entitled (for each fasli year commencing with the fasli year in which the estate is notified)-(i) in every case, to levy the appropriate assessment thereon; and(ii) in the case of a building which vests in a person other than a landholder, also to the payments which such person was liable immediately before the notified date to make to any landholder in respect thereof, whether periodically or not and whether by way ..... sub-section, in my opinion will apply only to a case where the building which belongs to an individual, is on a site which but for a section 18(5) would have vested in the state government upon a notification under section 3.in that case respondents 2 and 3 who owned the building were held entitled to patta for the building and the owner of ..... the private party would have the benefit of the site as an adjunct of the building and the building with the site standing thereon would vest in him subject to its obligation to pay the appropriate assessment and subject to making any payments to the government under clause (ii) of sub- .....

Md. Zakir HussaIn Vs. State of Assam and ors.

Court : Guwahati

..... the factors pointed out above, namely, that a national highway passing through the territorial limit of a city is not included within the part of the municipal area, the national highway vests absolutely with the central government and the national highway authority is empowered to regulate and control plying of vehicles on the national highways are taken together into consideration, it becomes abundantly ..... section 4 is, now, analysed in the context of changes, which have taken place in the nh act, 1956, and the scheme of the nha act, 1988, it would become dear that the vesting of national highways in the central government is absolute in right as well as title and it has, therefore, been given the right to control, regulate and operate the national highways, which will in ..... portions of the highways, on which the khanamukh check-gate as well as certain other check-gates stand installed, have been vested in the nhai, yet the said stretches of highways have been merely entrusted with the nha for the purpose of development, maintenance and management and such vesting cannot by any stretch of reasonable reckoning be construed as declaration of the relevant stretch of highway as a national highway, as ..... transfer of this kind may be either-absolute (as in the previous example) or limited; thus, where an act of parliament enacts that a street shall vest in a local authority, this means that the surface of the land, and so much of the soil as is necessary for its use as a street .....

Nityananda Debnath and ors. Vs. Estate Officer and ors.

Court : Guwahati

..... 5 of the act explains that the responsibility for developing and maintaining in proper repair all national highways is given to the central government, a comparative reading of these two sections will show that the vesting of the aforesaid lands in the central government is to enable the central government to develop, maintain and proper repair of all national highways. ..... from the pleadings and submissions of the rival parties, the sole question, which falls for consideration, is whether the term 'vest' used in section 4 of the act will have the effect of transfer of ownership of the premises in question from the state government to the central ..... bhowmik, the learned senior counsel for the petitioners strenuously urges that when the premises stood vested in the central government by the operation of section 4 of the national highways act, 1956 (hereinafter referred to as 'the act' for short), all the ownerships, rights and interest thereto stood transferred to the central government and ..... provisions of the improvement act, particularly sections 45 to 49 and 54 and 54a when they speak of a certain building or street or square or other land vesting in a municipality or other local body or in a trust, do not necessarily mean that ownership has passed to any of them.14. ..... must, however, be noted that the submission of the learned senior counsel for the petitioners assumes that the word 'vest' necessarily signifies that ownership of the premises passes upon the central government. .....

Telecom Employees Co-operative Housing Society Ltd. Vs. Scheduled Cast ...

Court : Karnataka

Reported in : ILR1990KAR3320

..... a majority of not less than two-third of the whole number of members of the committee; (2) it shall be in accordance with the rules made under the act; (3) in the case of a property vested in it by the government, the transfer can be made only with the sanction of the government; and (4) the sale is not exempted by the government, by general or special order, from the operation of section 77 of ..... conditions and limitations as may be prescribed;(2) the bda shall have power to lease, sell or transfer any movable or immovable property which belongs to it;(3) and to appropriate or apply any land vested in or acquired by it;(4) for the formation of open spaces;(5) or for building purposes;(6) or in any other manner for the purpose of any development scheme.therefore, there are three kinds ..... third of the whole number of members and in accordance with rules made under this act, and no committee shall transfer any property which has been vested in it by the government except with the sanction of the government;provided that nothing in this section shall apply to lessee of immovable property for a term not exceeding three years. ..... distinction is made, between two kinds of properties viz:(i) with regard to moveable or immoveable property which belongs to the bda; and(ii) with regard to the property vested in or acquired by it for formation of open spaces or for building purposes of any development scheme.his submission is that no distinction is permissible between the two kinds of properties .....

Sajja Jaganmohan Rao Vs. Uppalapati Babu Rao and ors.

Court : Andhra Pradesh

Reported in : AIR1975AP278

..... properties prior to the adjudication of the father as an insolvent makes all the difference in so far as the power of the official receiver to sell the sons' share is concerned for all that is vested in the official receiver is only the father's power to sell the sons' share for discharging the father's debts which arc not illegal or immoral but not the share of the sons of the insolvent ..... 185 also took the same view and expressed it in the following words :'when a hindu father is adjudicated insolvent, the interest of his son or sons in the family property does not vest in the court or the receiver, but the court or the receiver has power to sell the joint familv property including the interest of the minor son or sons of the insolvent for the ..... and construe it to mean only those objects and rights over which the father has an absolute power of disposal, the question as to what is the whole property of the father which vests in the receiver under section 28 when he has been declared insolvent, would be surrounded with many difficulties and it may even be questioned whether strictly speaking any property would ..... the main question therefore that arises for consideration is:'whether consequent upon the father being adjudged an insolvent, the son's share in the joint family properties vests in the official receiver and whether it could be attached by the decree holder creditor in execution of the decree against the father and the son ?before we proceed to consider the various .....