Court : Madhya Pradesh
Reported in : AIR1971MP209; 1971MPLJ594
..... for the abolition of the rights of intermediaries in the areas concerned and over which members of the village community were, immediately before such date, exercising rights of irrigation or nistar, shall, if not already vested in the state government, vest absolutely in the state government, with effect from the 6th april, 1959:provided that nothing in this section shall be deemed to affect any right of a lessee in the tank under a lease subsisting on ..... the date of vesting of the tank which shall be exercisable to the extent and subject to the terms and conditions specified in the lease:provided further that no tank shall vest in the state government, unless--(a) after making such enquiry as he deems fit, the collector is satisfied that the tank fulfils the conditions laid ..... nothing contained in sub-section (2) shall operate as a bar to the recovery by the outgoing proprietor of any sum which becomes due to him before the date of vesting by virtue of his proprietary rights and any such sum shall be recoverable by him by any process of law which but for this act would be available to him ..... claiming in any such tank any interest other than the right of irrigation or nistar may, within a period of four years from the date of vesting under sub-section (1), make an application in the prescribed form to the collector for compensation in respect of his interest. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT285
..... mining lease granted or deemed to have been granted by a state government to any person are acquired under this act, the central government 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 central government, ..... 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.8. ..... 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. ..... through the pleadings of the parties and the provisions of the different acts submitted that if there is vesting of the land or coal bearing areas in the central government under section 10 of the act, then there would be no lease but in case the central government directs that the vesting would not be in favour of the central government but would be in favour of a government company then .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)19VST459(MP)
..... land or any rights in or over land belonging to a state government (other than the rights under a mining lease granted or deemed to have been granted by the state government to any person) vest in the central government under section 10 or in a government company, under section 11, the central government or the company as the case may be, may pay to the state government such sum of money ..... the state government under those rules and all the rights and liabilities of the central government in relation to the lease of 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.section 18a provides for payment to state government in lieu of royalty as it is deemed to be a lease, section ..... thereof being the entire period for which such a lease could have been granted by the state government under those rules.section 11 deals with power of central government to direct vesting of land or rights in government company which contains non-obstante clause enabling the central government to issue notification to the effect that the land of the rights in or over ..... lease granted or deemed to have been granted by a state government to any person are acquired under this act, the central government 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 central .....
Tag this Judgment!Court : Orissa
Reported in : AIR1990Ori145
..... patnaik, the learned counsel for the petitioner, referring to several provisions of the major port trusts act and the preamble of the said act, contends that the expression 'vest' used in section 29 of the act does not connote vesting of absolute title, but on the other hand, has been used in a limited sense, namely, the administration, control and management have been conferred on the board and the property ..... same, disagreeing with the view expressed by the gujarat high court in the case referred to supra, we hold that the property which was the property of the union government stood vested in the board with effect from the appointed day and the union government was fully divested of its right but retaining only some control as provided in the act itself. ..... that under section 110(2)(c), upon a notification of supersession of the board under sub-section (1), the property which had vested in the board revests in the central government until the board is reconstituted under clause (b) or clause (c) of sub-section (3), supports our conclusion that the property, in fact, vested for all purposes with the board and not only for the purpose of administration, control and management, as held by ..... the stand of the notified area council, on the other hand, is that the property which was the property of the union at one point of time vests fully upon the paradip port trust and the union no longer remains the owner of the property and, therefore, the exemption provided under article 285(1) of .....
Tag this Judgment!Court : Delhi
Reported in : 18(1980)DLT454
..... but the right to receive royalty subject to which the author has assigned his rights in the copyrights to the appellant would because of 1947 act vest in the custodian because though he had partially assigned the right to publish and sell the book, this copyright was subject to the author's right to ..... the property of the evacuee who had migrated in the extra ordinary circumstances prevailing in the year 1947 was the reasons of vesting the evacuee property in the custodian, only under 1947 act total rights of the evacuee vest in the custodian, who though no doubt holds for the benefit of the evacuee. ..... down that all evacuee property situated within the province shall vest in the custodian for the purpose of this act and shall continue to be so vested until the provincial government by notification or otherwise directs. ..... on the bankrupty of an owner of copyright the copyright will vest in the official receiver and will pass to the trustee of the bankrupt's estate as assets for distribution amongst creditors, vide para 875 of ..... (9) copyright may be assigned by operation of law by vesting of the property in a custodian under legislation designed to prevent the payment of money to enemies and to preserve enemy property during war and the vesting of property on bankruptcy; vide paragraph 762 halsbury's laws of ..... in controversy two things have to be decided; (a) is the claim by which the copyright which belongs to an evaucee is deemed to be vested in the custodian under the 1947 act, valid. .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR695
..... be lawful for the state government to resume at any time such site or land, if it is required by it for any public purpose:reading section 325 sub-section (2) clause (vi) and section 96 sub-section (4) together, it is clear that the vesting of the properties in the new gram panchayat under section 325 sub-section (2) clause (vi) was subject to the condition that in case any such property was open site or waste, vacant or grazing land originally ..... the respondents on the other hand urged that the opening words of section 28b, namely 'for the purposes of this chapter' suggested that the vesting contemplated under that section was for a limited purpose and what was therefore vested in the jaspur and khodiyar village panchayats was not any proprietary interest in the grazing lands but mere right to obtain and deal with the grazing lands for the purpose of discharging ..... khodiyar constituted under the act of 1958 immediately before the date of coming into force of the act of 1961 were deemed to be the new gram panchayats of jaspur and khodiyar and the grazing lands vesting in the old village panchayats of jaspur and khodiyar became, from the said date, vested in the new gram panchayats of jaspur and khodiyar, that is, the petitioners in the present petitions under clause (vi) of sub-section (2) of section 325. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad520; (1930)58MLJ658
..... appears to me to be no authority in favour of his contention; for, that was a case in which the resolution upon annulment was not to 'hand back' the property to the bankrupt, but to vest it in a new trustee for the benefit of the creditors whose duty it was to see the terms of the composition- carried out; whereas, in the present case, the property was to be at once ..... done, by the official receiver, trustee, or other person acting under their authority, or by the court, shall be valid, but the property, of the debtor who was adjudged bankrupt shall vest in such person as the court may appoint, or, in default of any such appointment, revert to the debtor for all his estate or interest therein on such terms and subject to such conditions ..... by the trustee or by any person acting under his authority, or by the court, shall be valid, but the property of the debtor who was adjudged a bankrupt shall in such case vest in such person as the court may appoint, or in default of any such appointment revert to the bankrupt for all his estate or interest therein upon such terms and subject to such conditions ..... and payments duly made, and all acts theretofore done, by the court or receiver, shall be valid; but, subject as aforesaid, the property of the debtor who was adjudged insolvent shall vest in such person as the court may appoint, or, in default of any such appointment, shall revert to the debtor to the extent of his right or interest therein on such conditions (if any) as .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad303; (1943)1MLJ24
..... ix remained intact and the insolvency court as competent to decide the question that the properties dealt with under these documents still continued to vest in the joint family and to remove the cloud which' had come to rest on them not only by nagappa's action but by ..... if the title to the property was not intended to be conveyed by the father either on behalf of himself or on behalf of his sons, the property would have continued to vest in the father and in the sons in spite of its apparent but fictitious transfer and as long as the property remained in the insolvent and. ..... that the disposing power of the father (which can only be exercised on certain conditions) would not on his insolvency vest in the receiver but their decision was only to the effect that the share of joint property which the plaintiff had could not be held to have vested in the official receiver on his father's insolvency so as to deprive him of his right to bring the suit ..... called upon to decide whether the disposing power of the father, so far as it could be exercised by him for his own benefit did not vest in the official assignee and if so, whether the latter was not as a representative of the insolvent, entitled to possession of the joint property. ..... power of a manager does not fall within the i definition of the term 'property' as denned in the provincial insolvency act and i does not therefore vest in the official receiver, he is not entitled to ask for an i annulment under sections 53 or 54 of the act.12. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR326; 1967MhLJ694
..... and shall cease to function, and the trustees shall cease to hold office as such trustees.clause (c) of section 3 providesthe trust properties, in so far as they consist of immovable property shall by force and virtue of this act vest in, and in so far as they consist of any moneys, investments, securities or other movable property shall stand transferred to, the official trustee, and be handed over to him (anything in official trustees act, 1913 notwithstanding), and the ..... as under:it must however be observed that merely because the legislature is empowered undo the entry to constitute local authorities and vest thorn with power and jurisdiction it would not follow that these local bodies could be vested with authority to levy any and every tax for the purpose of raising revenue for the purposes of local administration. ..... the provision made was that the corporation shall continue to hold the trust property and fundswhich may then be vested in them by virtue and operation of this act upon trust for the heirs of to last baronet absolutely and shall also stand possessed of the said hereditaments and premises particularly described in the second ..... since the first baronet was not in law the author of the trust, and since the baronetcy act had vested the properties absolutely in a corporation having a perpetual succession, it is not possible to hold that any implied trust was created in favour of the first baronet when the baronetcy act was passed, by virtue of any presumed intention .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR660
..... any account during the continuance of the management of these lands, that the property in the lands by virtue of the notification dated december 19, 1949, and the provisions contained in chapter iv of the act had vested in the manager, that ownership in these properties had passed to the state of bombay, that there was no provision in the act whereby a claim for the rendition of accounts could be made against the state ..... the next contention raised on behalf of the state was that even if the ownership in the property does not vest in the state government there is nothing in chapter iv which imposes upon the manager any obligation to render account of his management or to pay to the landholder the balance that may remain ..... is something novel and nothing has been shown to me either in the bombay tenancy and agricultural lands act, 1948, or any other statute whereunder it vests in a party other than the rightful owner for a limited period and thereafter again reverts to the rightful owner. ..... 16 and 17 of the land acquisition act, 1894, the property acquired thereunder upon the happening of certain events vests absolutely in the government free from all encumbrances and without any conditions or limitations either as to title or possession.15 ..... in other words, he contended that on the commencement of such management all rights and property in the land would vest absolutely in the state government and, therefore, the effect of such notification would be to transfer all rights of ownership .....
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