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Girwardhary Singh Vs. Bachu Singh and ors.

Court : Kolkata

Subject : PropertyCivil

Reported in : 5Ind.Cas.454

was approved and in April of that year the proprietors came, in under Section 51 of the Bengal Estates Partition Act (1897) and applied to have the partition made by arbitrators three of whom were named.2. It appears that the … award and the Deputy Collector then proceeded to effect the partition himself as if he was acting under Chapter VIII of the Act. His report was completed and submitted to the Collector on the 23rd December 1903, … 1. The question that arises in this second appeal is whether a Civil

Nuri Miah Vs. Ambica Singh and anr.

Court : Kolkata

Subject : Land Acquisition

Reported in : 34Ind.Cas.869

been made by the Trial Court. The property was the subject of the proceeding for partition under the Estates Partition Act, 1897, instituted before the Collector on the 15th May 1909. The partition proceedings were completed on the 2nd September … for partition which he himself made in the first instance. It is expressly laid down in the Hedaya, Chapter IV, Book 38, that it is a condition that the property of the shaft, remain firm until the … Lancelot Sanderson, C.J.Rule No. 326 of 1916.1. In this case the action was for pre-emption. The suit was dismissed

Anil Kumar Biswas and ors. Vs. Rash Mohan Saha and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1924Cal245,81Ind.Cas.29

into the question of the correctness of the orders passed in the partition proceedings.7. Section 119 of the Estates Partition Act (V of 1897) provides that no order made under certain sections and Chapters of the Act including Chap. … 119 of the Estates Partition Act (V of 1897) provides that no order made under certain sections and Chapters of the Act including Chap. VIII shall be liable to be contested or set aside by suit in … 1. This appeal arises out of a suit for declaration of the Plaintiff's

Gurbuksh Proshad Tewari Vs. Kali Prosad NaraIn Singh

Court : Kolkata

Subject : Property

Reported in : 32Ind.Cas.167

owners of tauzi No. 1927.5. In January 1902 the defendant No. 1 applied under the provisions of the Estates Partition Act, 1897 (Act V of, 1897 B. C), for partition of his share in tauzi No. 1925. On the 30th … alone. Section 119 of the Estates Partition Act enacts that no order made under Sections 20 and 30, Chapters V, VII, VIII and IX (excepting Section 81), Chapter X, Section 107 or Section 117 shall be liable

Brojendra Kishore Roy Chowdhury Vs. Kali Kumar Chowdhury

Court : Kolkata

Subject : PropertyCivil

Reported in : AIR1919Cal815,(1919)ILR46Cal236

provision regarding lands common to a number of estates to be found in Section 6 of the Bengal Estates Partition Act V of 1897. But the case provided for in that section is not the case with which we … appeal).6. The provisions of law regarding the partition of revenue-paying estates in Assam are to be found in Chapter VI of the Assam land and Revenue Regulation. The power to make partitions in the case of such … order of the Board of Revenue of Eastern Bengal and Assam, dated 18/27th July, 1911, are ultra vires and contrary to the provisions of the

Jitendra Gopal Roy and ors. Vs. Matanginti Alias Susamoyi Debya and or ...

Court : Kolkata

Subject : Land Acquisition

Reported in : AIR1919Cal215,49Ind.Cas.965

that the Deputy Collector had power to make the order which he did under Section 83 of the Estates Partition Act of 1897, and...thirdly, if he failed upon the first two points, then he wishes to rely upon the … which he did under Section 83 of the Estates Partition Act of 1897, and...thirdly, if he failed upon the first two points, then he wishes … far as is material to this point, as follows : 'No order made under Section 20, Section 30, Chapter V, Chapter VII, Chapter VIII, Chapter IX (except Section 81)'--(Chapter IX includes Section 83)--'shall be liable to be

Brojendra Kishore Ray Chowdhury Vs. Kali Kumar Chowdhury and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 46Ind.Cas.967

provision regarding lands common to a number of estates to be found in Section 6 of the Bengal Estates Partition Act, V of 1897. But the case provided for in that section is not the case with which we … appeal).7. The provisions of law regarding the partition of revenue-paying estates in Assam are to be found in Chapter VI of the Assam Land and Revenue Regulation. The power to make partitions in the case of such … order of the Board of Revenue of Eastern Bengal and Assam, dated 18th/27th July 1911, are ultra vires and contrary to the provisions of the

Satish Chandra Chatterjee Vs. Kali Charan Choudhury

Court : Kolkata

Subject : Tenancy

Reported in : AIR1925Cal437

interest in which fell to his share upon a partition made in the year 1914 under the Bengal Estates Partition Act V. (B.C.) of 1897. The Munsif of Basirhat decreed his suit: but the Subordinate Judge of 24 Parganahs, … other than those expressly provided in this Act.' The orders which are so guarded include orders made under Chapter IX. But when Chapter IX is mentioned, there is introduced this exception 'except Section 81.' It is to … is the plaintiff's appeal in a suit for rent for the years 1321 to 1324 B.S. The plaintiff claims that he is the landlord of

Manmohan Das and ors. Vs. BahauddIn and ors.

Court : Allahabad

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 52 and 100; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 11 and 38 - Order 7, Rule 6 - Order 8, Rule 2 - Order 34, Rule 1; Limitation Act, 1908 - Sections 3 and 28 - Schedule - Articles 102, 110, 116, 131 and 132; Specific Relief Act, 1877 - Sections 39; Evidence Act, 1872 - Sections 58

Reported in : AIR1957All575

would entitle him to sue for possession as 'owner' The Indian Law does not recognise legal and equitable estates; Jatindramohan Tagore v. Ganendramohan Tagore, IA Sup. Vol., 47 (PC) (Z51) and Webb v. Macpherson, 30 Ind App … retired Civil Judge, Syed Evaz Ali, a retired Deputy Collector and one Sheikh Shamsuddin Vakil as arbitrators to partition the family property. A period of two months was fixed for the making of the award but the … their disputes to arbitrators by means of an agreement in the year 1897. The arbitrators gave their award and on the basis of it, a … relating to 'The Time Limit on Actions'. In Chapter I at page 23 of the said book … Brij Mohan Lall, J. 1. This and the connected First Appeal No. 435 … on 23-7-1914 with liberty to sue again on the same cause of action. Thereafter the present suit was instituted on 28-5-1935 i.e. about 21 years

Shah Tajammul Ali and anr. Vs. Mussod Ali and ors.

Court : Kolkata

Subject : Civil

Reported in : 5Ind.Cas.776

the defendant No. 1, applied to the Collector, under the provisions of Bengal Act V of 1897, the Estates Partition Act, to have a partition effected of the taluk, and obtained an order from the Collector elated the 15th … aside by civil suits, and, among those orders are orders passed in the course of the proceedings under Chapters VIII and IX which specify how partitions are to be made and the general principles applicable.18. In the