Control Vest - Law Dictionary Search Results
Home Dictionary Name: control vestControl vest
Control vest, when the words 'control' and 'vests' are read together they are strong terms which convey an absolute control in the authority in order to effectuate the policy underlying the rules and makes the authority concerned the sole custodian of the control of the servants and officers of the Municipal Corporation. The term 'control' is of a very wide connotation and amplitude and includes a large variety of powers which are incidental or consequential to achieve the powers vested in the authority concerned. Suspension from service pending a disciplinary inquiry has clearly been held to fall within the ambit of the word 'control', Corporation of the city of Nagpur v. Ramchandra, (1981) 2 SCC 714: AIR 1981 SC 626. [City of Nagpur Corporation Act, (2 of 1950), s. 59(3)(b)]...
Superintendence, direction and control
Superintendence, direction and control, The words 'superintendence', 'direction' and 'control' are wide enough to include all powers necessary for the smooth conduct of elections. It is, however, seen that Parliament has been vested with the power to make law under Article 327 of the Constitution read with Entry 72 of List I of the Seventh Schedule to the Constitution with respect to all matters relating to the elections to either House of Parliament or to the House or either House of the Legislature of a State subject to the provisions of the Constitution and any law made inthat behalf by Parliament, the legislature of a State may under Article 328 read with entry 37 of List II of the Seventh Schedule to the Constitution make law relating to the elections to the House or Houses of Legislature of that State. The general powers of superintendence, direction and control of the elections vested in the Commission under Article 324(1) naturally are subject to any law made either under Artic...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Vest
Vest, (1) Either to place in possession; to make possessor of; or, to give an absolute interest in property when a named period or event occurs. (2) (of a right or interest) Its coming into the possession of any one; enuring to the benefit of any one.The word 'vest' has not got a fixed connotation, meaning in all cases that the property is owned by the person or the authority in whom it vests. It may vest in title, or it may vest in possession, or it may vest in a limited sense, as indicated in the context in which it may have been used in a particular piece of legislation, Fruit and Vegetable Merchants Union v. Delhi Improvement Trust, AIR 1957 SC 344 (356): (1957) SCR 1. [U.P. Town Improvement Act (8 of 1819)]The property must not only be owned by the Corporation, it must also be in the occupation of the Corporation itself. It is in this sense that the words 'vesting' has been used. 'Vesting' often means 'vesting' in possession, Municipal Corpora-tion of Hyderabad v. P.N. Murthy, AIR...
Vesting
Vesting, 'vesting' is a word of slippery import and has many meanings. The sense of the situation suggests that in s. 117(1) of the Act 'vested in the State' carries a plenary connotation, while 'shall vest in the Gaon Sabha' imports a qualified disposition confined to the right to full possession and enjoyment so long as it lasts, Maharaj Singh v. State of Uttar Pradesh, AIR 1976 SC 2602: (1977) 1 SCC 155: (1977) 2 SCR 1072. (U.P.Z.A. & LR Act, 1950, s. 4, 6 and 117)Vesting, any property in a trustee refer to cases where a new trustee is appointed, and are not intended to cover cases in which it is sought to recover possession of the trust property by ejecting trespassers who are wrongfully in possession of it, Johnson D. Po Min v. U. Ogh, AIR 1932 Rang 132: 10 Rang 342.Vesting assent, defined by s. 117 (1) (xxx.), (English) Settled Land act, 1925, to mean the instrument whereby a personal representative after the death of a tenant for life or statutory owner or the survivor of two or...
Vested
Vested, the word 'vested' is defined in Black's Law Dictionary (7th Edn,) at p. 1557 as: 'Vested; fixed; accrued; settled; absolute; complete. Having the character or given the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. 'Rights are 'vested' when right to enjoyment, present or prospective, has become property of some particular person or persons as present interest; mere expectancy of future benefits, or contingent interest in property founded on anticipated continuance of existing laws, does not constitute vested rights. In Webster's Comprehensive Dictionary, (International Edn.) 1397 'vested' is defined as: '[L] aw held by a tenure subject to no contingency; complete; established by law as a permanent right; vested interests', Bibi Sayeeda v. State of Bihar, AIR 1996 SC 1936 (1941): (1996) 9 SCC 516. [Bihar Land Reforms Act, 1950 (30 of 1950), s.4 (a)]...
Vesting instrument
Vesting instrument, a deed, order of Court, or assent, constituting the evidence under the (English) Settled Land Act, 1925, of the title of a tenant for life or statutory owner to the legal estate in settled property as estate owner thereof. This evidence is essential for the settlement of a legal estate in land otherwise than by way of trust for sale (Settled Land Act, 1925, s. 4). The trusts are (after 1925) to be declared by a separate instrument called the Trust Instrument (see that title). Sec. 5 of the Act provides that the principal vesting deed must state:(a) a description of the settled land;(b) that the settled land is vested in the person or persons to or in whom it is conveyed or declared to be vested upon the trusts from time to time affecting the settled land;(c) the names of the trustees of the settlement;(d) any powers which are additional or larger than the statutory powers and are exercisable as statutory powers under the Act;(e) the name of the person entitled under...
Date of vesting
Date of vesting, the date of vesting according to s. 2(h) of the Act is the date of vesting is to be the date of publication in the Official Gazette. This definition is therefore, incorporated to make it sure that the date of vesting in every case could be determined without any uncertainty or ambiguity. The effect of this definition is that whatever be the dates on which the notification is published in the two issues of two newspapers, the vesting is to take effect from the date of publication in the Official Gazette, Giriwar Prasad Narain Singh v. Dukhn Lal Das, AIR 1968 SC 90 (94): (1967) 3 SCR 759. [Bihar Land Reforms Act, 1950 (30 of 1950), ss. 2(h) and 4]...
Vested remainder
Vested remainder, an expectant estate, which is limited or transmitted to a person who is capable of receiving the possession, should the particular estate happen to determine: as a limitation to A. for life, remainder to B. and his heirs; here, as B. is in existence he is capable (or his heirs, if he die) of taking the possession whenever A.'s death may occur. A vested estate may take effect though the preceding estate be defeated, as when an infant makes a lease for life with a remainder over, and on majority he disagrees to the estate for life, but not with the remainder; the remainder is good, having been duly vested by a god title. See Fearne, C.R. 308; 1 Steph. Com.The person who is entitled to a vested remainder having a present vested right of future enjoyment, i.e., an estate in pr'senti, to take effect in possession and pernancy of the profits in futuro, can transfer, alien, and charge it much in the same manner as an estate in possession, 2 Cru. Dig. 204.Interests in remaind...
Vested in court
Vested in court, it is thus difficult to accept the argument that the power vested in the High Court under sub-s. (1) of s. 108 was a limited one, and could only be exercised in respect to such jurisdiction as the High Court possessed on the date when the Act of 1915 came into force. The words of the sub-section 'vested in the court' cannot be read as meaning 'now vested in the court', National Sewing Thread Co. v. James Chadwick, AIR 1953 SC 357 (360). (Government of India Act, 1915)...
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