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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 … numerous cases where Collectors have executed certificates where no arrears of revenue were due or without notice under Section 10. But these are all eases where the Revenue authorities have, as pointed out by their Lordships of the

Neogendra Mohan Ray and anr. Vs. Pyari Mohan Saha and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1915Cal339,30Ind.Cas.420

been assigned by private partition. Thereafter, on a partition of the entire estate by the Collector under the Estates Partition Act, these lands were allotted to the plaintiffs, but they were unable to obtain possession thereof, as the defendants … of dismissal made by the Subordinate Judge, and have contended that under Section 99 of Act V of 1897 B.C., the lands in their hands are not subject to the tenure set up by the defendants. In … 73 note; Obhoy Churn v. Huri Nath Roy 8 C. 72 : 10 C.L.R. 81 : 6 Ind. Jur. 246; Juggessur Doyal Singh v. Bissessur

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 … their costs from the plaintiffs and the defendant No. 2 in equal shares. Estates Partition Act (V.B.C. of 1897), Section 7 - Partition--Formal division by metes and bounds--Informal division--Jurisdiction of Collector to make partition. - … Partition Act.8. The applications for the opening of separate accounts, under Act XI of 1859, were under both Section 10 and Section 11 of the Act. In one of these petitions (Exhibit No. 10), dated 27th April 1881,

Gurucharan Singh Vs. Kamla Singh and ors.

Court : Supreme Court of India

Subject : Property

Acts : Bihar Land Reforms Act, 1950 - Sections 2, 3, 4, 5, 6, 6(1) and 7; Code of Criminal Procedure (CrPC) - Sections 145

Reported in : AIR1977SC5; (1976)2SCC152; [1976]1SCR739

deed of partition Exhibit 4/a was not legally divestative of rights in view of the provisions of the Estates Partition Act, 1897. which, in his submission, empowered the Collector alone to partition the properties, which not having been done, the … V.R. Krishna Iyer, J.1. This appeal, by special leave, turns substantially on the application of Section 6 of the Bihar Land Reforms Act, 1950 (hereinafter called, the Act), to the case situation, the facts … (1) or (2) of Section 3A the following consequences shall ensue, namely: x x x x x(g) Where by reason of the vesting of any

Haran Chandra Saha and anr. Vs. Behari Lal Bhumia and ors.

Court : Kolkata

Subject : Tenancy

Reported in : AIR1928Cal560

had been given to show why he had not that power.4. According to the learned Judges Section 81, Estates Partition Act, 1897 distinctly gave him that power though, no doubt, it imposes the condition that it must be reasonably necessary … has been taken by this Court in the case of Protap Chandra Das v. Kamala Kanta Shaha [1906] 10 C.W.N. 818. The facts are similar to those in this case-with a slight difference to which reference will

Sachindra Kumar Roy and ors. Vs. Nabendra Kishore Roy

Court : Kolkata

Subject : Property

Reported in : AIR1934Cal155

Kharija Taluk Gour Kishore Roy. The plaintiff applied to the Collector for partition of the estate under the Estates Partition Act (5 of 1897). To this the defendants objected on the ground of Section 7 of the Act, namely, … Act, as has been understood in such cases as Ram Chandra v. Secretary of State AIR 1916 Mad 1061 and Bam Krishna v. Narayana AIR 1915 Mad 584, the plaintiff gains very little; because in the first

Kedar Nath Sanyal and ors. Vs. Naresh Chandra Ghosh and ors.

Court : Kolkata

Subject : Civil

Reported in : AIR1931Cal29

defendant before us, two points have been taken : (1) that the suit is barred under Section 119, Estates Partition Act 1897; (2) that the suit is barred by limitation under Article 14, Lim. Act. It [may be noted that … of the civil Court to question any order made under Sections 20, 30, Chaps. 5, 7, 8, 9, 10 and Sections 107 and 117. The objection raised before us is that under Section 57, one of the

Lakhi Chowdhuri and ors. Vs. Akloo Jha and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 13Ind.Cas.123

the joint owners of an estate which is now in course of partition under the provisions of the Estates Partition Act of 1897. In the partition proceedings the first defendant put forward a claim that he was the tenant … had not been joined as a party and, secondly, that the suit was barred under the provisions of Section 25 of the Bengal Estates Partition Act.2. In respect of the first objection, the learned Judge held that … v. Daije Thakurain 1 Ind. Cas. 549 : 36 C. 726 : 10 C.L.J. 189 and Janaki Nath Chowdhury v. Kali Narain Roy Chowdhury 7

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 … before them and will doubtless be decided with due regard to the provisions contained, for instance, in Section 100 and Sections 105 to 108.10. The first contention is based on the absence from the Regulation of the

Anand Kisore Chowdhury and ors. Vs. Daiji Thakurain

Court : Kolkata

Subject : Family

Reported in : AIR1915Cal571,28Ind.Cas.580

the 9th March 1907 on the ground that it was not maintainable under the provisions of the Bengal Estates Partition Act, 1897. This decision was reversed by this Court on the 9th March 1909, and the case was remitted to … mutual consent and for mutual convenience, there was No. such final and definitive partition as is contemplated in Section 12 of the Estates Partition Act, 1876, and as would effectively deprive the Collector of his jurisdiction. Tins … v. Daiji Thakurani 1 Ind. Cas. 549 : 36 C. 726 : 10 C.L.J. 189. On trial after remand, the Subordinate Judge has dismissed the