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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 … the suit was not maintainable under the provisions of Act V of 1897; secondly, that it was barred by limitation under Section 25 of that

Ananda Kishore Chowdhury and ors. Vs. Daiji Thakurani

Court : Kolkata

Subject : Land Acquisition

Reported in : 1Ind.Cas.549

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 … 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 … the suit was not maintainable under the provisions of Act V of 1897; secondly, that it was barred by limitation under Section 25 of that

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 … one-fourth. The main point taken before us is that the decree is incompetent or irregular by reason of Section 154, Civil P. C. This section runs:Where the decree is for the partition of an undivided estate assessed … shares of such estates.This should be read along with Order 20, Rule 18, Civil P. C, which for convenience is reproduced here:Where the Court passes

Prem Shameer Vs. the State of Kerala

Court : Kerala

Subject : Criminal

Acts : Lands to Scheduled Tribes Act 1999 - Sections 7(3), 12, 13(2), 3(1)(iv); Indian Penal Code (IPC) - Sections 471, 463; Land Reforms Act - Section 72

Reported in : ILR2010(4)Ker621

by the Advocate Receiver appointed by the Sub Court, Ottappalam. In the partition suit filed as O.S. 65 of 1956 in the tarvad of Mooppil … is not liable to be punished twice for the same offence. (Vide Section 26 of the General Clauses Act, 1897). See also T.S. Baliah v. T.S. Rangachari AIR 1969 SC 701; M.P. State v. Veereshwar Rao Agnihotri - … out with an accusation that the petitioners have wrongfully dispossessed any tribal. Even assuming that the effect of Section 18 of Act 33 of 1989 is to repeal Sec. 438 Cr.P.C., in Lal Kamlendra Pratap Singh v. State … Mooppil Nair who was the Mooppil Sthani died on 3-1- 1960. The estate of Mooppil Nair is administered by the Advocate Receiver appointed by the

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, … 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, that the lands

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 … Revenue Authorities of Assam, under an 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 Assam Land and Revenue Regulation I

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 … to effect a partition of them under the Bengal Estates Partition Act. 1876. The suit was commenced on the 9th April 1906 and was dismissed

Dowager Rani Lalitha Kumari Devi and ors. Vs. the Raja of Vizianagaram ...

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 82 and 97; Hindu Law; Madras Impartible Estates Act, 1904 - Sections 2(3), 3, 7 and 14; Evidence Act, 1872 - Sections 115

Reported in : AIR1954Mad19

to the plaintiff in July 1946. In August 1949 notifications were published under the provisions of the Madras Estates Abolition and Conversion into Ryotwari Act. 1948, and the Estate was taken over by the Government with effect … support him in this matter. The other suit, C. S. No. 495 of 1949, is a suit for partition of the partible properties belonging to the joint family, and we are concerned in these appeals with that … was not the sole surviving coparcener when he executed the will in 1897. It is sufficient to quote the following observations of Viscount Dunedin in … source of income of the estate & the circumstances of the family. Section 14 of Madras Act, 2 of 1904 specially provides for such a … Permanent Settlement Regulation to Narayana Gajapathi Raj in 1803. The following is the genealogy of the Vizianagaram

Mirza Raja Shri Pushavathi Viziaram Gajapathi Raj Manne Sultan Bahadur ...

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Madras Impartible Estates Act, 1902; Madras Impartible Estates (Amendment) Act, 1903; Madras Impartible Estates (Amendment) Act, 1904; Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Sections 17, 17-A, 18(1), 18(3) and 18(4); Indian Penal Code (IPC), 1860

Reported in : [1964]2SCR403

and their uncle, defendant No. 3 was amicably resolved. 3. In 1948, the Madras Legislature passed the Madras Estates (Abolition and Conversion into (Ryotwari) Act, 1948 Mad. 26 of 1948) (hereinafter called the Act), and pursuant to … brought to this Court with a certificate issued by the Andhra Pradesh High Court, arises out of a partition suit filed by the plaintiff Viziaram Gajapathi Raj II against his younger brother Visweswar Gajapathi Raj, defendant No. … the Maharani of Rewa. Ananda Gajapathi Raj died issueless on May 23, 1897. Before his death, he had executed a will bequeathing all his properties … provisions of the Act; the apportionment of lands would be governed by Sections 12 and 47 of the Act, whereas the buildings incorporated with the … estate on the death of his father in 1845 can claim to be the real maker of

Sheo Prakash and anr. Vs. Ala-ud-dIn and ors.

Court : Allahabad

Subject : Land Acquisition

Reported in : 84Ind.Cas.599

The person who takes the security takes it subject to the rights of those other co-sharers to enforce partition and thereby to convert what was an undivided share of the whole into a defined portion held in … made by Moulvi Farid-ud-din and Munshi Shaikh Shams-ud-din on the 26th July 1897. This document is to be found in Part III of the printed … and Munshi Shaikh Shams-ud-din on the 26th July 1897. This document is to be found in Part … I am satisfied that according to their findings Sharf-ud-din had at least a 711/12 pies-share if the family estate be deemed to be sixteen annas. The plaintiff's Vakil in the oral pleadings printed at page 32 of … the entries made in the revenue registers bore no relation to the actual facts. Items of property recorded in the names of individual members of … share In the mortgaged properties. By virtue of Section 43 of the Transfer of Property Act the