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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 … record a proceeding declaring the estate to be under partition, and containing various other declarations and as orders. Section 23 deals with such Objections as raise any question of right or title or of extent of interest as … 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

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 … lapse of four months after the Collector has made a direction under Clause (a) or Clause (b) of Section 23, or recorded a proceeding under Section 29 by any person claiming right or title in or to a

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 provisions of Section 12. If such objection is taken, it may be allowed by the Collector under Section 23 or it may be overruled by him under Section 31. In the latter contingency, the Collector directs 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 provisions of Section 12. If such objection is taken, it may be allowed by the Collector under Section 23 or it may be overruled by him under Section 31. In the latter contingency, the Collector directs that

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 … affirmed by the Judicial Committee: Doorga Persad v. Kundun Koowar 13 B.L.R. 235 : 21 W.R. 214 : 1 I.A. 55; Ram Kissen Singh v.

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 … the chapter is 'Deductions and Assessment'. The section which deals with assessment merely as computation of income is section 23; but several sections deal not with computation of income, but determination of liability, machinery for imposing liability and … 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

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 … I, Maharani of Chittibabu Viziaram Raj Raj (d. 23.5.1897) Rewa (d. 14.12.1912). d. 11.9.1922) (adopted by Alak

Vasudeva Menon and Others Vs. M/S. K.J. Plantation

Court : Kerala

Subject : Land Acquisition

by document No.953/1978 executed by the above persons. According to the petitioner, M/s. K.J. Plantations consists of three estates that is Mount Rubi Estate, which is item No.1 in the E.P., Saphire Estate which is item No.2 … the order in EA. No.38/09. The said Suit, OS.No.1/64 was one for partition. Following a preliminary decree, a final decree came to be passed. As … both the parties. A1 purports to be the lease of the year 1897. A2 is the copy of the agreement between the lessor and Anglo … over their respective properties, to contend that Ext.A6 was vitiated by fraud and illegality. Reference was placed under Section 23 of the Contract Act and other facts. (10) The subsequent sale deeds and transfers are void. The right

Atika Begum, Vs. Haji A.A.M. Abdulla,

Court : Chennai

Subject : PropertyFamily

Acts : Transfer of Property Act - Sections 6, 10 and 11

Reported in : (2002)2MLJ4

shares of the properties. 6.2. Similarly, defendants 2, 91, 117 and 118, in their written statement, prayed for partition and separate possession of their 2947.88 shares in the suit property.6.3. Defendants 33, 37 and 52, in their … each one of them. On 11.2.1897, there were 23 sharers having a total number of 40000 shares. … taxed and noted in the margin thereunder shall be met from and out of the assets of the estate. 8.4. For the purpose of clarity, we are obliged to extract Schedule `A' and Schedule `B' of the … the sharers, imposed in the registered Will dated 11.2.1897, which is admittedly acted upon by all the parties as a family settlement, creates a right … over the suit property.13.5. In this regard, we are obliged to refer Section 10 and 11 of the Transfer of property Act, which read as

Babanna Gurusangappa Vs. Channappa Chanmallappa

Court : Mumbai

Subject : Limitation

Reported in : (1946)48BOMLR788

this farkhat to indicate whether the estate is the widow's interest or a full ownershipv as both such estates can be placed on the khata. It is to be observed that the farkhat is only with regard … plaintiff's mother Irawa and addressed to her sister Sangawa who died in 1897 and who was the mother of two daughters under whom the defendants … is an appeal from the judgment dated December 23, 1340, of. Mt. L. Y. Ankalgi, who was … carrying on the prapanchtt (living together), but since differences had occurred between yourself and myself we have got partitioned in the presence of the four learned gentlemen. The particulars of the moveable and immovoable property of your … convenient to deal with the question with regard to the Indian Limitation Act first, because if the respondents' contention is right with regard to that … appellant, who is the plaintiff, claims that under Section 14 of the Indian Limitation. Act, 1908, he