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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 … refrain from discussing it further.4. In the case before us the learned Subordinate Judge passed a decree under Section 27 of the Act. What really happened in this case is that before an order was passed by the

Sweety Gupta vs.neety Gupta & Ors

Court : Delhi

Subject : Land Acquisition

reading of Section 114 (illustration f) of the Evidence Act, 1872 and Section 27 of the General Clauses Act, 1897, would lead one to notice the drift towards presumption of the addressee having received the summons/letter sent by … giving rise to the present dispute are as hereunder.14. A suit for partition, injunction and rendition of accounts was filed by plaintiff/respondent No.1 being CS(OS) … and B-9, Rohit Kunj, Pitampura (Rohtas Cooperative House Building Society, Delhi) as well as movable properties of the estate of her deceased parents.15. By order dated 20.10.2008 summons were directed to be issued to the defendants subject

Pushavathi Vijayaram Gajapathi Raj Manne Sultan Bahadur, Raja of Vizia ...

Court : Chennai

Subject : FamilyProperty

Acts : Hindu Law; Madras Impartible Estates Act, 1904; Evidence Act, 1872 - Sections 101 to 103; Tenancy Law; Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Sections 3, 12, 18, 18(1), 18(2), 18(3), 18(4), 45 and 66(1)

Reported in : AIR1955Mad219

with reference to any given piece of property. The second question was whether the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act, Act XXVI of 1948 hereinafter referred to as the Abolition Act, overrode … J.1. The preliminary decree in this suit defining the shares for the partition of the properties among the heirs of Alak Narayan, was issued on … any incorporation. Apart from other considerations, Chitti Babu was a minor between 1897 and 1904. There could therefore be no question of any incorporation during … Section 18 of that Act. Section 45 regulated the apportionment of the compensat'on determined under the provisions of Section 27 of that Act. The validity and the scope of Section 45 were explained in the Bobbili case, --

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

Court : Kolkata

Subject : Property

Reported in : 14Ind.Cas.225

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 … 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

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 … F. A. No.12/2010 is directed against 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 per the final decree, the appellants … 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 … efflux of time as per Section 111(g) of the Transfer of Property Act. The lease was not renewed and they have relinquished their leasehold right … properties scheduled to the petition having an extent 274.20 acres is a portion of 909 acres which

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 … down in List No. 6, (printed, at page 27 of the award). He further ruled that the … 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

Mussummat Gunjeshwar Kunwar Vs. Durga Prashad Singh

Court : Mumbai

Subject : FamilyProperty

Reported in : (1918)20BOMLR38

by reason of his congenital blindness; that all the proceedings in a suit against Bishambhar Prashad Singh for partition which Durga Prashad Singh's father-in-law, Mahabir Prashad Singh, had, on the 25th January, 1900, brought, assuming to act … her conduct in entering into the said compromise, had ceased to be entitled to any rights in the estate of her deceased husband, Bishambhar Prashad Singh, and that the plaintiff was entitled to the present possession of … benefit of the minors until Mohun Kunwar died late in the year 1897.19. After the death of Mohun Kunwar, Mussummat Gulab Kunwar acted as sole … the law continue to be his guardian.Your petitioner therefore prays that under Section 39, Clause (1), Act VIII of 1890, your Honour will be graciously … v. Chunder Mohun Roy (1874) 14 Beng. L.R. 273, a case in which the law of Daya

C.S. Vadamalai Pillai and ors. Vs. P. Subramania Chettiar and ors.

Court : Chennai

Subject : Land Acquisition

Reported in : AIR1923Mad262; 71Ind.Cas.130

the Subordinate Judge in the light of the evidence that has been adduced. The 1st defendant got, by partition with his brothers in 1897, a piece of land worth Rs. 200 and a house worth Rs. 260 … Rs. 20,750 between 1st November 1906 and 6th September 1912 from his father who was Receiver of several estates under this High Court. This statement is borne out by the entries in his accounts, Exhibit A series, … A. 368 : 3 P.L.R. 1922 : 24 Bom. L.R. 123 : 27 C.W.N. 150 : (1922) A.I.R. (P.C.) 47 , their Lordships say that … regular and valid according to Section 59 of the Transfer of Property Act.3. In appeal the following contentions have been raised. First, that the loan

Kuppu Alias Kuppammal Vs. Kuppuswami Mandiri and ors.

Court : Chennai

Subject : FamilyProperty

Reported in : (1984)2MLJ224

learned Counsel for the respondents herein also refers to the provisions of Section 6 of the General Clauses Act, 1897 dealing with the effect of repeal of an enactment.18. The provisions of the Hindu Women's Rights to Property … under Section 24; murder in cases falling under Section 25; and conversion in cases falling under Section 26. Section 27 lays down a general rule. Succession in any case where there is a disqualified heir takes place as … Ramasami Mandiri became divided as early as 1943 both in status and estate by means of a koorchit dt. 7-10-1943. About two years after the … in this second appeal. The plaintiff filed the suit informa pauperis for partition.2. The case of the plaintiff as stated in the plaint is as

Guru Amarjit Singh Vs. the Commissioner of Wealth Tax

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Hindu Succession Act, 1956 - Sections 4 and 5; Wealth Act, 1957 - Sections 4(6); Income Tax Act, 1961 - Sections 27 and 27(1); General Clauses Act, 1897 - Sections 5

Reported in : (2001)171CTR(P& H)37

regarding the effect of the Hindu Succession Act, 1956 on the old customary rules of 'Primogeniture' and 'Impartible Estates' has led to prevarication in the decisions under the Income/Wealth Tax Acts, As a result, the Assessee as … of Parliament are publicly enacted. In fact, publicity precedes the promulgation. Under Section 5 of the Genial Clauses Act, 1897, an Act of Parliament comes into force on the day it receives the assent of the President. In … 'indivisible.' In the present context, it implies an estate that cannot be partitioned. By virtue of a restraint imposed by custom or the grant.A property … Thus, the appeals were dismissed. The Assessee filed a petition under Section 27(1) of the Wealth Tax Act, 1957. It was accepted. Hence, these five