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Fruit And Vegetable Merchants Union vs Delhi Improvement Trust on 6 November, 1956

In Fruit & Vegetable Merchants Union v. Delhi Improvement Trust [AIR 1957 SC 344] this Court held that the meaning of the word "vesting" varies as per the context of the statute in which the property vests. While considering the case under Sections 16 and 17 of the 1894 Act, the Court held as under : (AIR p. 353, para 19) "19. ... the property acquired becomes the property of Government without any conditions or limitations either as to title or possession. The legislature has made it clear that the vesting of the property is not for any limited purpose or limited duration."
Supreme Court of India Cites 17 - Cited by 172 - B P Sinha - Full Document

The Collector Of Bombay vs Nusserwanji Rattanji Mistri & Others on 28 February, 1955

14. "Encumbrance" actually means the burden caused by an act or omission of man and not that created by nature. It means a burden or charge upon property or a claim or lien on the land. It means a legal liability on property. Thus, it constitutes a burden on the title which diminishes the value of the land. It may be a mortgage or a deed of trust or a lien of an easement. An encumbrance, thus, must be a charge on the property. It must run with the property. (Vide Collector of Bombay v. Nusserwanji Rattanji Mistri [AIR 1955 SC 298] , H.P. SEB v. Shiv K. Sharma [(2005) 2 SCC 164 : AIR 2005 SC 954] and AI Champdany Industries Ltd. v. Official Liquidator [(2009) 4 SCC 486] .)
Supreme Court of India Cites 20 - Cited by 91 - Full Document

Ai Champday Industries Ltd vs Official Liquidator & Anr on 19 February, 2009

14. "Encumbrance" actually means the burden caused by an act or omission of man and not that created by nature. It means a burden or charge upon property or a claim or lien on the land. It means a legal liability on property. Thus, it constitutes a burden on the title which diminishes the value of the land. It may be a mortgage or a deed of trust or a lien of an easement. An encumbrance, thus, must be a charge on the property. It must run with the property. (Vide Collector of Bombay v. Nusserwanji Rattanji Mistri [AIR 1955 SC 298] , H.P. SEB v. Shiv K. Sharma [(2005) 2 SCC 164 : AIR 2005 SC 954] and AI Champdany Industries Ltd. v. Official Liquidator [(2009) 4 SCC 486] .)
Supreme Court of India Cites 20 - Cited by 63 - S B Sinha - Full Document
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