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Ananda Kishore Chowdhury and ors. Vs. Daiji Thakurani

Court : Kolkata

Subject : Land Acquisition

Reported in : 1Ind.Cas.549

partition--Estates Partition Act (VIII B.C. of 1876), Sections 12, 24, 26, 31 and 149--Estates Partition, Act (B.C.V of 1897), Section 2 Clause (c)--Limitation Act (XV of 1877), Schedule II, Article 14--Jurisdiction, order without, nullity--Evidence--Possession--Entry in Collector's order-sheet--Suit not … had been privately partitioned and could not form the subject matter of partition by the Collector under the Estates Partition Act. There has been no investigation into the facts of the case but the Subordinate Judge has dismissed the

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. - … C, a deed of partition executed by certain co-owners, dated 17th Bysack 1283, after recitals of the various shares resulting on partition, it was stipulated

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 is

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,

Ananda Kishore Chowdhry Vs. Daije Thakurain

Court : Kolkata

Subject : Contract

Reported in : (1909)ILR36Cal726

Court Fees Act. Partition - Estates Partition Act Bengal VIII of 1876), Section 63, and (Bengal v. of 1897), Section 2, Clause (6)--Private Partition--Partition Proceedings commenced under Act V of 1876 (B.C.) whether governed by Act V of … litigation, had been privately partitioned and could not form the subject-matter of partition by the Collector under the Estates Partition Act. There has been no investigation into the facts of the case, but the Subordinate Judge has dismissed the … a moment to the provisions of Act VIII of 1876 and see whether the present suit is barred. Section 12 of Act VIII of 1876 provides that no partition of an estate in which private division has already

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 … C. 285 which interpreted the corresponding section of an earlier Statute (Section 128 of Act VIII of 1876, B.C.). An examination of the decision in

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

Priyanath Roy Vs. Sreedhar Chandra Roy and ors.

Court : Kolkata

Subject : Civil

Reported in : AIR1945Cal28

under appeal in the Court below, the plaintiff has applied for partition of the estate under the Bengal Estates Partition Act, 1897. This he did on 27th August 1941, and on 15th April 1942, the Collector apparently made an order … of revenue is asked for. It was pointed out by one of the Judges in this case that Section 12, Estates Partition Act, which provides that any civil Court which has made a decree for the partition or

Kalawati Devi Harlalka Vs. Commissioner of Income-tax, West Bengal and ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Indian Income-tax Act 1922 - Sections 18A, 23, 23A, 25, 25A, 29, 31, 33, 33B, 34, 35, 44, 60(1), 131 to 136, 140 to 146, 147, 148, 149, 150, 153, 156 to 158, 185, 187 to 189, 282 to 284 and 288; Constitution of India - Article 226; Income-tax Act, 1961 - Sections 297, 297(1), 297(2) and 298; General Clauses Act - Sections 6; Income-tax (Removal of Difficulties) Order, 1962; Finance Act, 1950 - Sections 3, 11, 12, 13 and 13(1); Payment of Bonus Act, 1965 - Sections 37

Reported in : AIR1968SC162; [1967]66ITR680(SC); [1967]3SCR833

with assessment in case of discontinued business, section 25A with assessment after partition of Hindu undivided families and section 29, 31, 33 and 35 deal … is not necessary to express any definite opinion on the point whether section 6 of the General Clauses Act 1897, is available for the purpose of interpreting the provisions of the Act of 1961. ' In the result … B States) (Removal of Difficulties) Order, 1950, made under s. 12 of the Finance Act, 1950, was upheld. Section 12 read as follows : 'If any difficulty arises in giving effect to the provisions of any of the … taxable territories, section 23B deals with collection of tax out of the estate of deceased persons, section 25 deals with assessment in case of discontinued

Pushavathi Vijayaram Gajapathi Raj Manne Sultan Bahadur, Raja of Vizia ...

Court : Chennai

Subject : FamilyProperty

Acts : Hindu Law; Madras Impartible Estates Act, 1904; Evidence Act, 1872 - Sections 101 to 103; Tenancy Law; Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Sections 3, 12, 18, 18(1), 18(2), 18(3), 18(4), 45 and 66(1)

Reported in : AIR1955Mad219

with reference to any given piece of property. The second question was whether the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act, Act XXVI of 1948 hereinafter referred to as the Abolition Act, overrode … J.1. The preliminary decree in this suit defining the shares for the partition of the properties among the heirs of Alak Narayan, was issued on … any incorporation. Apart from other considerations, Chitti Babu was a minor between 1897 and 1904. There could therefore be no question of any incorporation during … is, how did the provisions of the Abolition Act affect the par-tibility or otherwise of these items. 32. Section 12 of the Abolition Act concludes, in my opinion, the rights of the parties, the plaintiff and the first