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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 … 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 … Collector in the year 1903. Accordingly on the 25th of August 1903, the Collector issued the notices under Section 29 of the Act declaring the estate to be under partition. On the 29th of September 1907, the

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 … Section 119, that section deals with jurisdiction 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

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 … Act, which provides, as 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

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 … the land system and a vigilant administration would have intervened in this 20-year-old litigation long ago and extinguished the private contest to the advantage of

Beas Singh and ors. Vs. Baldeo Pathak and ors.

Court : Chennai

Subject : Land Acquisition

Reported in : 109Ind.Cas.609

the decree had otherwise been sustainable.6. The principal question is whether, in view of the provisions of the Estates Partition Act the present suit can be maintained. The partition is complete and cannot be set aside without setting aside … the defendants have no right to get partition effected under Section 7 of the Partition Act V of 1897.3. The Collector's order, dated 27th September, 1921, is illegal, ultra vires and ineffectual.4. A temporary and thereafter a … co-sharers and consequently no party can be added under Order XLI, Rule 20. Whatever the powers of the Court may be under Order XLI, Rule

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 … of the 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

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 … Sankari Gupta v. Bharat Chandra Birdhan 26 C. 434 : 3 C.W.N. 209.2. Section 99 of the Estates Partition Act is in these terms: If … 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

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, … partition consists of landed property assessed to revenue, the suit would be governed by the provisions of Order 20, Rule 18, Clause (1) and Section 54, Civil P.C, and all that the civil Court can do is

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 … 573 : 2 Suth. P.C.J. 387 : 2 Sar. P.C.J. 626 : 20 E.R. 665; Soorjomonee v. Suddanund 12 B.L.R. 304 (P.C.) : 20 W.R.

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 … proceedings were completed on the 2nd of December 1913, by reason of the issue of the notice under Section 92 of Estates Partition Act. The first decree in this suit, as I have already-mentioned, was on the … of Rai Charan Mandal v. Biswanath Mandal 26 Ind. Cas. 410 : 20 C.L.J. 107, the doctrine has been recognised that there are cases where