Court : Jharkhand
Reported in : 2005(1)BLJR542; [2005(1)JCR395(Jhr)]
..... or has complied, with such terms and conditions as the central government may think fit to impose, direct, by order in writing, that the land or the rights in or over the land, as the case may be, shall, instead of vesting in the central government under section 10 or continuing to so vest, vest in the government company either on the date of publication of the declaration or on such other date as may be specified in the direction. ..... company under sub-section (1), the government company shall, on and from the date of such vesting, be deemed to have become the lessee of the state government as if a mining lease under the mineral concession rules had been granted by the state government to the government company, the period thereof being the entire ..... have been granted by the state government under those rules; and all the rights and liabilities of the central government in relation to the lease or the land covered by it shall, on and from the date of such vesting, be deemed to have become the rights and liabilities of the government company.'11. ..... with the acquisition of zamindari rights by the government, the rights in minerals are now vested in all areas in the state governments. ..... power of central government to direct vesting of land or rights in a government ..... proceeding the central government may impose such terms and conditions which it thinks fit and proper and direct by order in writing that the land or the rights in and over the land shall vest in the government company.12. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... bombay act when a plot was reconstituted and out of that plot a smaller area was given to the owner and the remaining area was utilised for public purpose the area so utilised vested in the local authority for a public purpose, but the act did not provide for giving compensation which was a just equivalent of the land expropriated at the date of extinction ..... and to dispose of the same; administration of the corresponding new banks as institutions carrying on banking and other business; the undertaking of each named bank in its entirety stands transferred to and vested in a new corporation set up for that purpose; principles for determination of compensation and method of payment thereof to each named bank for transfer of its undertaking; and that the named bank may ..... because the subject-matter of the act and the ordinance is (partially at least) within the state list; and that the act and ordinance are invalid because they vest the undertaking of the named banks in the new corporations without a public purpose and without setting out principles and the basis for determination and payment of a just equivalent for ..... for restarting any business, declaration of the right to carry on business other than banking becomes an empty formality, when the entire undertaking of the named banks is transferred to and vests in the new banks together with the premises and the names of the banks, and the named banks are deprived of the services of its administrative and other staff.85. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)
..... 4,50,000 was recoverable by the central government in whom the coking coal mines have vested under sub-section (1) of section 4 of the nationalisation act and not by the petitioners. ..... and movables belonging to them lying in the two coal mines were included in the expression 'mine' as defined in section 3(j) of the nationalisation act, and therefore, the right, title and interest of the petitioners therein stood vested in the central government under sub-section (1) of section 4 free from all incumbrances. ..... it was, therefore, said that the plants, equipment and machinery and other assets, and current assets and movables belonging to them as on october 17, 1971 could not, and did not, vest in the central government under sub-section (1) of section 4 of the nationalisation act. ..... it would result in the contractors escaping from the consequences of vesting under sub-section (1) of section 4 of the act and permit them to dismantle and remove the additional machinery, plants and equipment which were being utilised for the working of mines.27. ..... it provides by sub-section (1) of section 4 that on the appointed day, the right, title and interest of the owners in relation to the coking coal mines specified in the first schedule shall stand transferred to, and shall vest absolutely in the central government, free from all incumbrances. ..... , on october 17, 1971 shall stand transferred to and shall vest absolutely in the central government free from all incumbrances.17. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1967]3SCR273
..... there is nothing in the section to warrant the construction that such a right would vest only if the common outer entrance is jointly owned by the owners of such houses. ..... the high court also came to similar finding and held that once it had been shown that the owners of the four houses abutting on that alley had exclusive right of way over it, it was enough to vest in them the right of pre-emption. ..... the section clearly says that where the sale is of property having a common outer entrance with other properties, the right of prior purchase shall vest in the owners of such properties. ..... shall vest :- fourthly : where the sale is of property having a common outer entrance with other properties in the owners of such properties' 7. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi251
..... he has also cited sections 18 and 19 of the transfer of property act in support of his contention that the 'vesting' includes both possession and 'title' and vests a definite right in favor ofthe corporation and the corporation acquires all the rights of the owner in the property in question ..... (2) any transfer of property made by the financial corporation, in exercise of its powers under sub-section (1), shall vest in the transferee all rights in or to the property transferred as if the transfer had been made by the owner of the property ..... thus this sub-section by itself does not vest the property absolutely in dfc, but confers on it same rights as the owner has only for the limited purpose of transferring the property ..... i find that the expression 'vest' used in subsection (2) of section 29(4) of the state financial corporations act is with reference to the vesting of property in the transferee as if it had been transferred by the owner ..... to him, the expression 'deemed ownership of the concern' in section 29(5) of the state financial corporations act as well as the expression 'vesting' used in the sub-section (2) clearly indicates that the property passed to the corporation in fact and in law including the vesting of title and possession. ..... venkatarama deekshithulu : [1991]2scr531 , where the hon'ble supreme court had dealt with the word 'vesting' in paras 12 and 13 of the judgment. ..... to construe the term 'vesting', counsel has cited the case of the vatticherukuru village panchayat .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj272; (1968)9GLR447
..... instrument of transfer was to registered and the said immovable property, therefore, continued to belong to bai mumtaz kunvarba and, therefore, on the making of the order of adjudication, the said immovable property vested in the official receiver as property of bai mumtaz kunvarba and there was accordingly no question of the applicability of section 55 which could be invoked only if the transfer had taken place prior to ..... no transfer of the said immovable property prior to the date of the order of the adjudication and the said immovable property, therefore, vested in the official receiver as the property of bai mumtaz kunvarba, the official receiver in whom all the property of the insolvents was vested by an express order of the insolvency court on the annulment of the order of adjudication was entitled to make an application to the ..... section 55 of the insolvency act, the said immovable property would, on the making of the order of adjudication vest in the official receiver as the property of bai mumtaz kunvarba, the insolvent, at the date of the presentation of the petition for adjudication and it would continue to vest in the official receiver even after the annulment of the order of adjudication by virtue of order made by the ..... , reach the conclusion that the learned district judge was in error in holding that there was not transfer of the said immovable property vested in the official receiver as property belonging to bai mumtaz kunvarba at the date of the order of adjudication. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad364; (1970)2MLJ112
..... pleaded that such collections were made oh the strength of a custom prevailing in the village and such a customary right to collect is now vested in the panchayat board, and the resolution to implement the same is valid and enforceable. ..... it cannot be said that it is income which by sanction of custom has vested in the panchayat by reason of section 58 of the act we also feel that there is considerable weight in the observation of ..... case of this description the legal ownership of the society or of the trustees will not vest in the panchayat because of the provisions of section 58 of the act. ..... court observed-"in the enactment of this section the legislature did not contemplate that parks, play grounds, schools or temple or hospital dedicated to the public should vest in the panchayat merely by the fact of such dedication. ..... 58 for the purpose of vesting is the proof of custom by which the villagers in common acquire title to any property ..... only reason that the mandate has an impact over a section of the public in the village, it cannot make such a right, if it is a right at all, to vest in the panchayat. ..... amounts sought to be recovered are income which by custom belongs to or has been administered for the benefit of the villagers in common, then section 58 would not be attracted and such moneys cannot vest in the panchayat.5. ..... vesting of rights takes place under section 58 if there is proof of customary right of administration of any property or income for the benefit of the villagers .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom372; (1923)25BOMLR414
..... it would, therefore, be more accurate to say that such delivery passes, not the property of the shares, but a title, legal and equitable, which will enable the holder to vest himself with the shares without risk of his right being defeated by any other person deriving title from the registered owner.10. ..... such delivery passes not the property in the shares but a title legal and equitable which will enable the holder to vest himself with the shares (per lord watson in colonial bank v. ..... when, therefore, plaintiff 2 parted with the certificates and blank transfers he was not, the registered holder, nor had he any title left in him to enable him to vest himself with the shares. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom214; (1921)23BOMLR35; 60Ind.Cas.571
..... , because the provisions of the city of bombay municipal act and the land acquisition act had not been complied with; (2) that when property vests in the corporation under section 91 of the city of bombay municipal act such vesting is not of such an absolute character as the vesting in government under section 16 of the land acquisition act; and (3) that in any event the bombay rent act applied, and that under ..... under section 16 of the land acquisition act 1894, when the collector has made the award, he may take possession of the land which shall thereupon vest absolutely in the government free from all incumbrances; and under section 47, if the collector is opposed or impeded in taking possession of the land, he can enforce the surrender himself, if he is a magistrate, or, if not a magistrate, ..... it is contended on behalf of the 1st plaintiff that, by virtue of the provisions of section 91(2) of the city of bombay municipal act, the properties vested absolutely in the corporation who thereby acquired all existing interests in the property, and that such vesting gets rid of everybody, that the provisions of the rent act do not apply in the case of the occupants of such premises and that, even if the rent act applies, ..... section 91 of the city of bombay municipal act pro tanto modifies the provisions in the land acquisition act so as to vest the property in the corporation on payment of compensation awarded, instead of in the government and therefore no transfer from government to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom452; (1967)69BOMLR256; 1967MhLJ201
..... section 39 gives rights of occupancy tenant to a protected thekedar, other thekedar or a protected headman or any other under-tenure holder from the date of vesting, by section 40 any land which is not part of the home-farm land of the proprietor but which has been brought under cultivation by him after 1948-49, is continued with the proprietor as land settled with him ..... of these sections appear to be that all rights of the malguzars and all encumbrances in the property are abolished and the entire proprietary rights are vested in the state government, subject to such safeguards as are made by the other provisions. ..... this scheme, section 3 declares that, except as provided by the act, on the specified date all proprietary rights in an estate shall pass from the proprietor and vest in the state for the purposes of the state, free of all encumbrances. ..... that the main contention of the plaintiffs therein is that the tank continues to vest in them and the state government has no right to the tank. ..... one of the consequences is that all right, title and interest vesting in the proprietor or any person having interest in such proprietary right through the proprietor in the estate, including land cultivable or barren grass land . ..... section 47 requires the deputy commissioner, in respect of lands vested in the state or remaining with the proprietor, to ascertain the custom in respect of matters prescribed in the four clauses thereof, one of which is the right of irrigation, right of way and .....
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