Court : Andhra Pradesh
Reported in : [1986]60CompCas568(AP)
..... the constitution of the partnership firm is changed into that of a company by registering it under part 9 of the present act (part 8 of the previous act), there shall be statutory vesting of title of all the property of the previous firm in the newly incorporated company without any need for a separate conveyance. ..... 'all property, movable and immovable, including all interests and rights in, to and out of the property, movable and immovable, and including obligations and actionable claims as may belong to or be vested in a company at the date of its registration in pursuance of this part, shall, on registration, pass to and vest in the company as incorporated under this act for all the estate and interest of the company therein.' 19. ..... the purview of section 5 of the transfer of property act and also the trusts acts and it does constitute a conveyance as a vesting instrument or other assurance of property and can be made orally under section 9 of the transfer of property act. 36. ..... as a company for the purposes of the companies act can be registered under part 8 of the previous act (part 9 of the present act) and the vesting is provided by section 263 of the 1913 act (section 575 of the present act). ..... veerabhadraiah, the learned counsel for the appellants : (1) whether a conveyance is necessary to vest the property of a firm when the same was converted into a company (2) similarly whether such conveyance is necessary to claim title by the company in respect of property acquired by .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All529
..... composite property has been defined under section 2(d) as any property which or any property in which an interest has been declared to be evacuee property or has vested in the custodian under the administration of evacuee property act and in which the interest of evacuee consists of an undivided share in the property held by him as a co-sharer or partner of anyother persons, not being an ..... it was further argued that in view of the provisions of section 11 of the said act the whole property vested in the custodian free from all encumbrances and liabilities and as such the defendant was relieved of all her obligations under the aforesaid agreement of ..... contention of the learned counsel for the appellant that the whole premises in question vested in custodian free from all encumbrances and liabilities is therefore not sound. ..... it cannot have the effect of making the entire property vest in the custodian as evacuee property where the order under section 7 of the act of 1950 held that a certain share in it only was evacuee property; see abdul hakim ..... the object of the act is not to vest in the custodian property which was not an evacuee property but to vest in him only the evacuee interest in the propertyafter determining or separating as the case may be that interest from the interest of the other persons in the ..... she alleged that the property in suit vested in the custodian free from all encumbrances and liabilitiesand was sold by the competent officer, lucknow by a public auction as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPLJ412
..... whenever the commissioner is unable under section 67 to acquire by agreement any immovable property or any easement affecting any immovable property or whenever any immovable property or any easement affecting any immovable property vested in the corporation is required for the purposes of this act, the government may in its discretion upon the application of the commissioner made with the approval of the mayor-in-council order proceedings to ..... or towards the said line or front; and the portion of the land added to the street by such setting back or removal shall henceforth be deemed to be part of the public street and shall vest in the corporation, provided that the corporation shall make reasonable compensation to the owner for any damage or loss he may sustain in consequence of his building or any part thereof being set back.9. ..... to or towards the said line or front; and the portion of land added to the street by such setting back or removal shall henceforth be deemed to be part of the public street and shall vest in the corporation:provided that the corporation shall make reasonable compensation to the owner for any damage or loss he may sustain in consequence of his building or any part thereof being set back. ..... also made an averment that the respondents have not acquired the property of the petitioners and so long as the property does not vest in the municipal corporation as per the provisions of law, the corporation has no right to get the portion of their buildings vacated .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori114
..... station the collector may, immediately after publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate government enter upon and take possession of such land, which shall thereupon (vest absolutely in the government), free from all encumbrances: provided that the collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least ..... legal and valid, and whether after notifying under section 4 and before passing the awards, interim compensation can be paid and whether such payment of interim compensation and taking possession are legal and vest any title to those lands in the state. 24. mr. ..... such land shall thereupon (vest absolutely in the government), free from all encumbrances ..... section 16, land acquisition act, thecollector can take possession of the land only after an award under section 11 is made and it is after that the lands vest absolutely in the government. ..... subsection (1) or sub-section (2) are applicable; and sub-section (1) clearly states that the collector can take possession of any waste or arable land needed for public purposes and that such land shall thereupon vest absolutely in the govt. ..... response to which claims were preferred by some, and awards had been made under section 11, land acquisition act, on 4-7-55 and 5-7-55, and that under section 16, the collector could take possession of the lands which would vest thereupon in the government. .....
Tag this Judgment!Court : Orissa
Reported in : 1999(II)OLR463
..... opinion the grama panchayat has failed to make proper use of such property, they may by general or special order direct the withdrawal of such property from the grama sasan and thereupon such property shall vest in and be under the direction, management and control of the state government:provided that the grama sasan upon such withdrawal shall not be entitled to any compensation except in respect of such improvements of a ..... hereinafter in this section specified, other than property maintained by any other local authority or the central or state government, shall for the purposes of this act, vest in the grama sasan and shall, with all other properties of whatever nature or kind which may become vested in the grama sasan, be under its direction, management and control, that is to say -(a) all public sewers and drains, all works, materials and things ..... (4) without prejudice to the generality of sub-section (3) but subject to the provisions thereof properties of the nature herein specified shall vest in the grama sasan and be under its management, direction and control, that is to say -(a) village roads,(b) irrigation sources,(c) ferries,(d) waste lands and communal lands,(e) protected forests within the meaning of ..... time to time by the state government in that behalf and subject to the provisions of this act and the rules made thereunder, and to such terms and conditions as may be specified in such order vest in the grama, sasan and be under its management, direction and control. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H265
..... make a recommendation to the governor to impose the penalty of dismissal or removal after considering the explanation of the delinquent officer, the matter then passes beyond the pale of control which vests in the high court and falls within the iuris-dition of the governor to decide in accordance with article 311 of the constitution, the exercise of this power by the governor will ..... of superintendence and control of the courts subordinate to it and by virtue of the rules having the force of law under the proviso to article 309 read with article 313, is vested with the power to hold an enquiry into the conduct qf judicial officers and to determine provisionally the punishment which should be imposed upon them prior to their being afforded a reasonable opportunity ..... harmony as far as the judiciarv is concerned and the cardinal drinciole of the constitution being that the judiciary is to be independent of the executive, complete control over the judiciarv vests in the high court including disciplinary matters and it is only proper that the governor should feel himself bound by the recommendation of the high court in the matter of the guilt ..... posting and promotion of and the grant of leave to persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the high court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H162
..... furnishing of declaration by certain persons; section 6 deals with the collection of information in case declaration is no furnished as provided in section 5; section 7 provides the method for determining permissible and surplus areas; section 8 provides for vesting of unutilized surplus area in the state government; section 9 gives to the collector the power to take possession of the surplus area; section 10 prescribes the amount payable to a landholder for the surplus area taken over by the ..... of the act provided that-'on and with effect from the appointed day, the ownership and possession of all private forests in the state of kerala shall, by virtue of this act, stand transferred to and vested in the government free from all encumbrances, and the right, title and interest of the owner or any other person in any private forest shall stand extinguished ..... land forest land, land for pasture or sites or buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans; (b) the expression 'rights', in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue. ..... collector cancels a transfer of land by the owner of an estate under the said section; the said land automatically vests in the state, with the result that the rights of the transferor and the transferee therein are extinguished .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H242
..... possession of the area which has been declared surplus under the punjab act to deliver its possession within 10 days of the service of his order, under section 11, the surplus area which has vested in the state government under section 8 is at the disposal of the state government, the provisions of rule 8 of the rules are clearly inconsistent with the provisions of sections 8, 9 and ..... commencement of this act, under either of the said enactments, which shall be continued and disposed of as if this act had not been passed, and the surplus area so determined shall vest in, and be utilised by the state government in accordance with the provisions of this act: provided that such proceedings shall, as far as may be, be continued and disposed of, from the ..... or by an heir by inheritance, no transfer or other disposition of land which is comprised in the surplus area under the punjab law, the pepsu law or this act, shall affect the vesting thereof in the state government or its utilization under this act, (6) the utilization of any surplus area before the commencement of this act will not affect the right of the tenant to purchase ..... commencement of this act and the surplus area declared as such under this act shall, on the date on which possession thereof is taken by or on behalf of the state government, vest in the state government free from all encumbrances and in the case of surplus area of tenant, which is included within the permissible area of the landowner, the right and interest of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC245; (1952)IIMLJ255(SC); [1952]1SCR849
..... definition is undoubtedly couched in very wide language but it is to be noted that under section 4 of the act which deals with the vesting of property, a gift does not vest in the temple at all unless it is made for the benefit of the temple or for the convenience, comfort or benefit of the ..... but, even if the gifts made within the temple and intended for the benefit of the donee personally cannot vest in the temple under section 4 of the sri badrinath temple act, the question still remains whether the committee in exercise of their powers to make bye-laws, can frame a rule that no such gifts ..... it was asserted, further, that all gifts made within the precincts of the temple would vest in the temple committee under section 3(b) of the act and that the committee had the absolute right to regulate entry of persons ..... as we have said already, the gift intended for the pandas can under no circumstances vest in the temple, but a regulation of his character could certainly be deemed to be necessary as conducive to efficient management of the temple and endowments, the convenience of the pilgrims and the maintenance of order ..... that a gift intended for the personal benefit of the panda cannot vest in the temple and this is quite in accordance with the existing ..... the suit as framed, was not maintainable by reason of the provisions of sri badrinath temple act of 1939, which abrogated all previous right and customs and vested the ownership of the temple and its endowments in the temple committee. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC867; 1989(1)SCALE511; 1989Supp(1)SCC656; [1989]1SCR848; 1989(1)LC721(SC); 1989(2)WLN1
..... time of the covenant and approved by government of india, it is clear that these lands will not fall within the definition of 'land' as described in section 2(g) and therefore it could not vest in the state nor it could be acquired under the provisions of this act and in that event these appellants are entitled to hold their lands and the question whether the lands area agricultural or ..... fall within the ambit of the definition of 'land' in section 2f, consequently it could not be said to be an estate as defined in section 2b and as such by application of this act this could not vest in the state government and in this view it was contended that the judgment delivered by the division bench has omitted to decide this question and for no reason felt that let a reference under section 12 be ..... within the ambit of the definition of the 'land' as defined in section 2f and thus will not fall within the ambit of the 'estate' which could vest under the provisions of this section and in this view of the matter even without going into the question about whether land being agricultural or not the view taken by justice m.l. ..... (2) the date appointed under this section in relation to the acquisition of landowners' estates in the state in this act referred to as the date of vesting of such estates.this talks of the vesting of the estate and the estate itself has been defined in section 2b which reads:'estate' means land or right, title or interest in land held by a landowner; this clearly talks of .....
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