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Ananda Kishore Chowdhury and ors. Vs. Daiji Thakurani
Kolkata
Mar-09-1909
Land Acquisition
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
Tag this Judgment! AI Brief & AskBeas Singh and ors. Vs. Baldeo Pathak and ors.
Chennai
Mar-12-1928
Land Acquisition
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 … direct that the partition proceedings shall proceed or direct that the proceedings be postponed for four months. Under Section 24, at the expiration of the said four months the Collector shall resume the proceedings Unless the objector or … 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
Tag this Judgment! AI Brief & AskPriyanath Roy Vs. Sreedhar Chandra Roy and ors.
Kolkata
Aug-10-1943
Civil
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 … for partition of a temporarily settled estate being No. 2989 of the 24-Parganas District, the plaintiff's share being one-fourth. The main point taken before us
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Rai Baijnath Goenka Vs. Maharaja Sir Ravaneshwar Prasad Singh
Mumbai
Feb-09-1922
Civil
(1922)24BOMLR974
the plaintiffs would have been entitled respectively if no partition had taken place, and Section 26 of the Estates Partition Act, 1897, was not in the decree complied with. Baijnath Goenka appealed from that decree to the High Court at … through his mother and guardian his next friend. These two consolidated appeals are from two decrees, dated April 24, 1917, of the High Court at Patna, which reversed the decrees, dated February 22 1916, of the Subordinate
Tag this Judgment! AI Brief & AskManager, Valia Amma Thampuran Kovilakam Estate Vs. Agricultural Income ...
Kerala
Jan-24-1967
Direct Taxation
[1968]69ITR304(Ker)
Estate has now been partitioned under the provisions of the Valiamma Thampuran Kovilakam Estate, and the Palace Fund (Partition) Act. 1961, and a document of partition has been executed on June 24, 1963. The period to which exhibit … was different from 'repeal' and, therefore, would not attract the provisions of section 24 of the General Clauses Act, 1897 (Central Act 10 of 1997), or the corresponding provision in section 22 of the Cochin General Clauses Act. … Agricultural Income-tax Act, 1950, of the properties of the Valiamma Thampuran Kovilakam Estate, known compendiously as the V.T.K. Estate. It is agreed that the properties
Tag this Judgment! AI Brief & AskSachindra Kumar Roy and ors. Vs. Nabendra Kishore Roy
Kolkata
May-15-1933
Property
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,
Tag this Judgment! AI Brief & AskKedar Nath Sanyal and ors. Vs. Naresh Chandra Ghosh and ors.
Kolkata
Mar-17-1930
Civil
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 … is brought in a civil Court after the lapse of four months and if the Collector acts under Section 24 or that a proceeding has been recorded under Section 29 admitting the application for partition by any person
Tag this Judgment! AI Brief & AskAnand Kisore Chowdhury and ors. Vs. Daiji Thakurain
Kolkata
Jun-18-1914
Family
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 … 377 : I.A. Sup. Vol. 212 and Peary Mohun v. Ambica Churn 24 C. 900. In our opinion, the contention of the appellant is unsound
Tag this Judgment! AI Brief & AskRoy Kiran Chandra Roy and anr. Vs. Rama Nath Dutta Chowdhury and anr.
Kolkata
Mar-18-1930
Civil
AIR1931Cal104
because he cannot ask for the partition of estate No. 3841 and he cannot possibly go under the Estates Partition Act before the Collector, he being only a tenure-holder. It is contended on the other hand, by Mr. Sen … Court in the case of Jagadishury Debya v. Kailash Chandra Lahiry [1897] 24 Cal. 725 has not generally been followed in other Courts. I had … one question which we need ask ourselves is whether or not the case is with-,in the meaning of Section 54, Civil P.C. Assuming for the moment that it is not open to us to interpolate into this
Tag this Judgment! AI Brief & AskAnanda Kishore Chowdhry Vs. Daije Thakurain
Kolkata
Mar-09-1909
Contract
(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 … of four months from the issue of an order of the Collector under Clauses (a) and (6) of Section 24 or after the lapse of four months from the issue of an order of the Collector under Section
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