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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 … he did on 27th August 1941, and on 15th April 1942, the Collector apparently made an order under Section 29 of the Act, declaring the estate to be under partition. It is said that these proceedings are still

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

Court : Kolkata

Subject : Civil

Reported in : 5Ind.Cas.776

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 … 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. - … an order from the Collector elated the 15th April 1905, declaring the estate to be under partition under Section 29 of the Act. This order was confirmed on appeal by the Divisional Commissioner. The objection raised before the

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 … 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 parent estate shall avail to affect or

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 with the issue of demand notices and the filing of appeals and for … 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 … 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

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

Court : Kolkata

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 -

Mahomed Haji Abu Vs. Khatubai and ors.

Court : Mumbai

Subject : Family

Reported in : 51Ind.Cas.513

the summary of between thirty and forty Probate and Administration grants in Bombay in the matters of the estates of Halai Memons from 1857 to the date of this suit, all except three relate to Bombay residents … of the Nyayadhish of Bantwa or the Sorath Prant establish that the Hindu Law of succession, maintenance and partition is applied to Memons of Bantwa. In a Vasavad case between Memons it was decided by the Court … by the notice of the Bombay Government (Exhibit L) of the year 1897 described as a 'Public notice to the Memon community by the Government … for maintenance (see judgment of Porebunder Nyayadish, Exhibit 29). He says he gave no part of the … though it does not accord with the rule of the Koran. The actual decision was limited to this that the custom pleaded, that females are … bean recognised and which are thus admissible under Section 13 of the Indian Evidence Act.27. In the

Rajah D.K. Thimmanayanim Bahadur Varu, Rajah of Kalahasti and ors. Vs. ...

Court : Chennai

Subject : FamilyProperty

Reported in : AIR1928Mad713

to his other sons. In 1890 the second son Timma filed a suit against Rajah Muthu Venkatappa for partition of the estate alleging that it was joint family property and not an impartible estate. This suit was … her husband's will and under the decree in O.S. No. 15 of 1897, a suit brought to enforce the terms of the will.3. In the … on by the appellants in Ummachakutti v. Ummerkutti 29 Ind.Cas. 583, is not in point, for that … Phillips, Offg. C.J.1. All these appeals relate to the recovery of allowances payable out of the Kalahasti estate. Appeals Nos. 28, 39 and 387 are from O.S. No. 50 of 1916 and 58, 69 and 70 … in evidence for want of registration under the provisions of the Registration Act. Under Section 17 (2) (vi) of that Act a decree or order

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 … 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 … days which elapsed between the 24th June and 29th June, on which latter date the plaintiff got

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 … 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 following

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 … 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 … he is of opinion that there is good and sufficient reason for rejecting the application, to reject it. Section 29 requires the Collector, if no objection is made within the specified time or when all objections have been