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Mar 09 1909

Ananda Kishore Chowdhry Vs. Daije Thakurain

Court : Kolkata

Decided on : Mar-09-1909

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 1897 … 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

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Mar 09 1909

Ananda Kishore Chowdhury and ors. Vs. Daiji Thakurani

Court : Kolkata

Decided on : Mar-09-1909

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 to … 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

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Jan 18 1923

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

Court : Kolkata

Decided on : Jan-18-1923

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.

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Jan 25 1929

Hem Chandra Chakravarti and ors. Vs. Sarabala Datta and ors.

Court : Kolkata

Decided on : Jan-25-1929

Subject : Property

Reported in : AIR1930Cal265,121Ind.Cas.747

1915, declaring the estates to be under separation and also under partition under Sections 5, 6 and 29, Estates Partition Act (Beng. 5 of 1897). An estimate of cost was prepared - cost of separation of the lands of … drawn up on 24th July 1915, declaring the estates to be under separation and also under partition under Sections 5, 6 and 29, Estates Partition Act (Beng. 5 of 1897). An estimate of cost was prepared - … the estate No. 6100. Defendants 1, 5 and the predecessor of defendants 2 to 4 purchased the estate No. 1744 at a revenue sale. The

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Sep 01 1911

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

Court : Kolkata

Decided on : Sep-01-1911

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

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Jan 13 1910

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

Court : Kolkata

Decided on : Jan-13-1910

Subject : Civil

Reported in : 5Ind.Cas.776

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. - … 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

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May 01 1967

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

Court : Supreme Court of India

Decided on : May-01-1967

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 … to be regarded as part of Assessment Proceedings :- For the purposes of clauses (a) and (b) of sub-section (2) of section 297 of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the repealing Act), … 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

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Sep 09 1975

Gurucharan Singh Vs. Kamla Singh and ors.

Court : Supreme Court of India

Decided on : Sep-09-1975

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 … with some other items while other properties were similarly allotted to defendants 2nd party. Undaunted by this fact defendants, second party, sold the suit lands

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Mar 19 1912

Kumar Kalanand Singh and anr. Vs. Kumar Kamalanand Singh and ors.

Court : Kolkata

Decided on : Mar-19-1912

Subject : Property

Reported in : 14Ind.Cas.225

of both Courts. Partition - Suit for declaration of extent of interest--Estates Partition Act (V B. C. of 1897), Section 4 Clauses (2), (4), Sections 5, 26, 27-'Interest in all land and undivided shares held by him,' meaning … proportion to the amount of Government revenue originally assessed on him is clear from Section 5 of the Estates Partition Act. It is not necessary for us in this case to consider whether the parties may or may not

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Mar 17 1930

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

Court : Kolkata

Decided on : Mar-17-1930

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

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