Court : Karnataka Kalaburagi
..... . since the property vested in the custody of the court, as it is the property of sri trilokchand bhandari, - 24 - nc:2024 ..... through the receivers appointed by them during the period of such management: provided that, (a) in the case of a tenancy subsisting on the date of taking over the management, 1[the provisions of section 44 shall apply and the land shall vest in the government] .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of the above said judgments and the submissions put-forth by the learned counsel for both parties and in the facts and circumstances of the case that as on 01.03.1974 the land vested with the state government, the question of gazette notification dated 20.06.1974 which is issued at the instance of respondent no.5 would not be of any assistance to respondent no.5 for the simple ..... no.5 that the grant of occupancy to the father of the petitioners is not binding on the respondents, as the property belongs to respondent no.5 and once characteristic of the property changes to waqf and is vested with the waqf board, it would continue to be a waqf property and therefore, any order made by the tribunal would not be binding on respondent no.5 as the property remains to be a waqf property ..... for the petitioners is squarely applicable to the facts and circumstances of the present case and this court is also in agreement with such contentions that the land vested with the state government as on 01.03.1974 and tribunal having granted occupancy rights in favour of original grantee has conducted enquiry and based on the substance and - 26 - ..... dated 20.06.1974, therefore, learned counsel for the petitioners contends that prior to the gazette notification issued by state government at the instance of respondent no.5, is clearly pursuant to the land vested with the state government as on 01.03.1974 which is the appointed date, on which date the karnataka land reforms act was amended substantially. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... right, title and interest in respect of allotted site would vest in favour of the allotees only on compliance of these requirements. ..... after the land vests in the government under 16 the land acquisition act, 1894, the deputy commissioner shall, upon payment of the cost of the acquisition, and upon the authority agreeing to pay any further cost which may be incurred on account of the acquisition, transfer the land to the authority, and the land shall thereupon vest in the authority.12. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... section 12(b) lays down the clear rule that any property that might have vested in the adoptee before the adoption continues to vest in the adoptee, subject, of course to any obligations attaching to the ownership of such property, ..... circumstances, the share of coparcenary property coming to the share of such adoptee would 'vest' upon the adoptee, but not otherwise, where there was no inheritance or partition prior ..... well-recognised rule that a statute should be interpreted, if possible, so as to respect vested rights, and such a construction should never be adopted if the words are open to ..... 12(b) can only be held to be applicable in cases where the adopted person had already been conferred rights in the coparcenary property due to 'vesting' of property either by inheritance or partition in the natural family prior to adoption. ..... view of the legislature that a person even after being given in adoption, takes along with him the property from his natural family which vested in him and continues to vest in him, adoption not withstanding whether that property vested in him either due to partition or otherwise. ..... of 2010 (b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such properly, including the obligation to maintain relatives in the family of his or her birth; (c) the adopted child shall not divest any person of any estate which vested in him or her before the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in such circumstances, the land had not been acquired or vested with the authorities, it is impermissible for respondent no.4 and/or its officers to enter upon the private property of the petitioners - 29 - nc:2023. ..... mere designation would not either vest the land with the planning authority nor would owner of the land lose his rights over the said land.22. ..... , in the present matter, being the bijapur development urban development authority now the vijaypura urban development authority, neither the planning authority nor the state having acquired the land, the land continued to be vested with the landowner. ..... such acts committed by respondent no.4 authorities are completely high handed, a fraud on power and misuse of the powers vested with them.23. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in such circumstances, the land had not been acquired or vested with the authorities, it is impermissible for respondent no.4 and/or its officers to enter upon the private property of the petitioners - 29 - nc:2023. ..... mere designation would not either vest the land with the planning authority nor would owner of the land lose his rights over the said land.22. ..... , in the present matter, being the bijapur development urban development authority now the vijaypura urban development authority, neither the planning authority nor the state having acquired the land, the land continued to be vested with the landowner. ..... such acts committed by respondent no.4 authorities are completely high handed, a fraud on power and misuse of the powers vested with them.23. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in such circumstances, the land had not been acquired or vested with the authorities, it is impermissible for respondent no.4 and/or its officers to enter upon the private property of the petitioners - 29 - nc:2023. ..... mere designation would not either vest the land with the planning authority nor would owner of the land lose his rights over the said land.22. ..... , in the present matter, being the bijapur development urban development authority now the vijaypura urban development authority, neither the planning authority nor the state having acquired the land, the land continued to be vested with the landowner. ..... such acts committed by respondent no.4 authorities are completely high handed, a fraud on power and misuse of the powers vested with them.23. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in such circumstances, the land had not been acquired or vested with the authorities, it is impermissible for respondent no.4 and/or its officers to enter upon the private property of the petitioners - 29 - nc:2023. ..... mere designation would not either vest the land with the planning authority nor would owner of the land lose his rights over the said land.22. ..... , in the present matter, being the bijapur development urban development authority now the vijaypura urban development authority, neither the planning authority nor the state having acquired the land, the land continued to be vested with the landowner. ..... such acts committed by respondent no.4 authorities are completely high handed, a fraud on power and misuse of the powers vested with them.23. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in such circumstances, the land had not been acquired or vested with the authorities, it is impermissible for respondent no.4 and/or its officers to enter upon the private property of the petitioners - 29 - nc:2023. ..... mere designation would not either vest the land with the planning authority nor would owner of the land lose his rights over the said land.22. ..... , in the present matter, being the bijapur development urban development authority now the vijaypura urban development authority, neither the planning authority nor the state having acquired the land, the land continued to be vested with the landowner. ..... such acts committed by respondent no.4 authorities are completely high handed, a fraud on power and misuse of the powers vested with them.23. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in such circumstances, the land had not been acquired or vested with the authorities, it is impermissible for respondent no.4 and/or its officers to enter upon the private property of the petitioners - 29 - nc:2023. ..... mere designation would not either vest the land with the planning authority nor would owner of the land lose his rights over the said land.22. ..... , in the present matter, being the bijapur development urban development authority now the vijaypura urban development authority, neither the planning authority nor the state having acquired the land, the land continued to be vested with the landowner. ..... such acts committed by respondent no.4 authorities are completely high handed, a fraud on power and misuse of the powers vested with them.23. .....
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