Court : Karnataka Kalaburagi
..... by the apex court in delhi development authority in the case of sukbir singh and others with connected cases reported in 2016 scc online sc 929 (civil appeal no.5811 of 2015) vide annexure r-15 dated 21.05.2014 above lands vested with the government after possession is transferred to kiadb. 16. ..... in terms of section 28 (5) of the act, with the issuance of notification under section 28(4), of the land has been vested in the state free of all encumbrances by operation of law. .....
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..... if the said prayer of the petitioners is acceded to by this court, it amounts to colorable exercise of the discretionary power vested with this court. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... an agreement of sale is compulsorily registrable document under clause (b) to sub- section (1) of section 17 of the registration act, 1908 if the instrument operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of 6 one hundred rupees and upwards, to or in immovable property.8. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the reason being that all vested rights prior to the amendment are protected and not divested pursuant to the amendment. ..... (iii) every litigant has a vested right in substantive law but no such right exists in procedural law. ..... the vested right of the deceased coparcener in the suit schedule propertiesi, which was crystallized on his death and which would devolve on his legal heirs cannot be -63- negated by virtue of the amendment made to section 6. ..... the vested right of his class-i heirs in the -62- share of the deceased coparcener, praveen cannot be watered-down or nullified on account of the amendment made to section 6 of the act. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... this is antithesis to say that the guidelines are only directions directory not binding and do not vest any right in the government servant.23. ..... the guidelines vest the concerned government servants with certain rights and casts certain obligation on the concerned authorities. ..... therefore, they vest the government servants with necessary rights to make a grievance against violation of the said rules/guidelines framed. ..... therefore, as long as, kcsrs do not provide any mechanism to regulate transfers of government servants, the state government was competent to frame rules in exercise of executive powers vested in it. .....
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..... such a power which vests with the appellate authority departmentally is ordinarily not available to the court or a tribunal. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 08.2016 wp20402/2016 alla saheb vs the state of karnataka and others 14 servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to transferred from one place to the other. ..... , much less, the transfer and postings of private respondent no.5, this court is not inclined to interfere with the impugned transfer order as essentially the transfer is an incident of service and no government servant can be said to have any vested right to serve at a particular place. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... a government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to transferred from one place to the other. ..... , much less, the transfer and postings of private respondent no.5, this court is not inclined to interfere with the impugned transfer order as essentially the transfer is an incident of service and no government servant can be said to have any vested right to serve at a particular place. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... . a government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to transferred from one place to the other .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of malafide.a government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to transferred from one place to the other .....
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