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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 … had not been joined as a party and, secondly, that the suit was barred under the provisions of Section 25 of the Bengal Estates Partition Act.2. In respect of the first objection, the learned Judge held that … this Court amongst which may be mentioned Khoobun v. Woona Churn Singh 3 C.L.R. 453; Kalupnath Singh, v. Lila Ramdein Lal 16 C. 117; Ananda

Haran Chandra Saha and anr. Vs. Behari Lal Bhumia and ors.

Court : Kolkata

Subject : Tenancy

Reported in : AIR1928Cal560

had been given to show why he had not that power.4. According to the learned Judges Section 81, Estates Partition Act, 1897 distinctly gave him that power though, no doubt, it imposes the condition that it must be reasonably necessary

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. - … 'It is hereby declared that the Taluk Krishna Gopal Missir, bearing No. 31 of the Tipperah Collector's Revenue Roll, is not fit to be partitioned,

Fatechand Mahesri and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : West Bengal Estates Acquisition Act, 1954 - Sections 6 and 14(3); ;Hindu Law; ;General Clauses Act - Section 3(42)

Reported in : AIR1972Cal177,76CWN137

the coparceners of a Mitakshara Joint Hindu family is an intermediary within the meaning of the West Bengal Estates Acquisition Act, 1953.2. The plaintiff No. 1 Fatechand Mahesri is the father of the plaintiffs 2, 3 and … April 1, 1955between the sons and grandsons ofFatchand, He, however pressed thealleged partition that took place between Fatechand and his sons, the plaintiffs Nos. 2, … individual or a person within the meaning of the word 'person' in Section 3(42) of the General Clauses Act. 1897. Under Section 3(42) 'person' includes a company or association or body of individuals whether incorporated or not. In

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 … appeal, however, it is not necessary for us to decide this question. 3. We proceed to the merits. It appears that in this case the

Anil Kumar Biswas and ors. Vs. Rash Mohan Saha and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1924Cal245,81Ind.Cas.29

into the question of the correctness of the orders passed in the partition proceedings.7. Section 119 of the Estates Partition Act (V of 1897) provides that no order made under certain sections and Chapters of the Act including Chap.

YasIn Ali Mirdha and ors. Vs. Radha Gobinda Chaudhuri and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 55Ind.Cas.180

Revenue Authorities, on the ground that some of the lands of the estates sought to be partitioned were joint with the lands of other estates … be incorrect. It was assumed in that case that the Assam Land and Revenue Regulation repealed the Bengal Partition Act VIII of 1876, which in reality was not repealed by the Regulation, for the simple reason that it … which has been subsequently reproduced in Section 84 of Act V of 1897 B.C. The plaintiffs have contended that, by an oversight, the framers of … controversy mist depend primarily upon the true construction of the provisions of the Assam Land and Revenue Regulation. Section 3, class (b) furnishes a definition of an estate; it includes, amongst other things, any land subject, either immediately

YasIn Ali Mirdha and ors. Vs. Radhagobinda Chowdhury and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 69Ind.Cas.814

Revenue Authorities on the ground that some of the lands of the estates sought to be partitioned were joint with the lands of other estates … be incorrect. It was assumed in that case that the Assam Land and Revenue Regulation repealed the Bengal Partition Act VIII of 1876, which in reality was not repealed by the Regulation, for the simple reason that it … which has been subsequently re-produced in Section 84 of Act V of 1897 (B. C.). The plaintiffs have contended at, by an oversight, the framers … controversy must depend primarily upon the true construction of the provisions of the Assam Land and Revenue Regulation, Section 3, (b) furnishes a definition of an estate; it includes, amongst other things, any land subject, either immediately or

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 … Lancelot Sanderson, C.J.Rule No. 326 of 1916.1. In this case the action was for pre-emption. The suit

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 … dichotomy sufficient for our study, thus absolutely vests in the State all lands, freed from all private rights (Section 3) as from a date notified Under Section 4, but carves out of this land mass and leaves untouched,