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Jitendra Gopal Roy and ors. Vs. Matanginti Alias Susamoyi Debya and or ...

Court : Kolkata

Subject : Land Acquisition

Reported in : AIR1919Cal215,49Ind.Cas.965

that the Deputy Collector had power to make the order which he did under Section 83 of the Estates Partition Act of 1897, and...thirdly, if he failed upon the first two points, then he wishes to rely upon the … provides, as far as is material to this point, as follows : 'No order made under Section 20, Section 30, Chapter V, Chapter VII, Chapter VIII, Chapter IX (except Section 81)'--(Chapter IX includes Section 83)--'shall be liable to

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 … They divided them as per a partition deed Exhibit 4/a dated October 30, 1952 whereby the suit lands fell to the exclusive share of the … V.R. Krishna Iyer, J.1. This appeal, by special leave, turns substantially on the application of Section 6 of the Bihar Land Reforms Act, 1950 (hereinafter called, the Act), to the case situation, the facts

Rai Baijnath Goenka Vs. Maharaja Sir Ravaneshwar Prasad Singh

Court : Mumbai

Subject : Civil

Reported in : (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 … those whom they represent for the execution of a decree of the Subordinate Judge of Monghyr of June 30, 1904, which on the advice of Judicial Committee of the Privy Council had by an order of His

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 … C), for partition of his share in tauzi No. 1925. On the 30th of September 1902, the plaintiff No. 4 filed a petition of objection

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 … 119, that section deals with jurisdiction of the civil Court to question any order made under Sections 20, 30, Chaps. 5, 7, 8, 9, 10 and Sections 107 and 117. The objection raised before us is 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 … Sar. P.C.J. 626 : 20 E.R. 665; Soorjomonee v. Suddanund 12 B.L.R. 304 (P.C.) : 20 W.R. 377 : I.A. Sup. Vol. 212 and Peary

Kuppu Alias Kuppammal Vs. Kuppuswami Mandiri and ors.

Court : Chennai

Subject : FamilyProperty

Reported in : (1984)2MLJ224

contending as follows: Beeki Mandiri and 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 partition, Ramasami died. Thereafter, the plaintiff's … 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 … right over the l/4th share by virtue of the Hindu Succession Act 30 of 1956. The 1st defendant filed a suit O.S. No. 59 of

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 … Nos. 34 to 38 of 1982. By its composite order of March 30, 1982, the Income Tax Appellate Tribunal has referred the following question for … '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

Ramanlal Bhailal Patel and ors. Vs. State of Gujarat

Court : Supreme Court of India

Subject : Property

Acts : Gujarat Agricultural Lands Ceiling Act, 1960 - Sections 2(21), 4, 5, 5(1), 5(2), 5(3), 6 to 8, 8(1), 8(2), 8(3), 8(4), 20, 21 and 37; Bombay General Clauses Act, 1904 - Sections 3(35); Gujarat Agricultural Land Ceiling (Amendment) Act, 1972 - Sections 8(1), 8(2) and 8(4); Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 63, 63(1) and 84C; Income Tax Act; Citizenship Act - Sections 2; Representation of People Act, 1950 - Sections 2; General Clauses Act, 1897

Reported in : AIR2008SC1246; (2008)3GLR1841(SC); JT2008(2)SC222; (2008)2MLJ1042(SC); (2008)5SCC449; 2008AIRSCW1257; 2008(5)LH(SC)3416

on Section 8 of Ceiling Act which provides that any transfer or partition effected between 24.1.1971 and the date on which the Gujarat Agricultural Land … context. It was contended in that case that in view of the definition of 'person' in General Clauses Act, 1897, a central enactment, that is, 'person' shall include any company or association or body of individuals, whether incorporated … of other persons a group or unit the members of which by custom or usage are joint in estate or residence;x x x x x(21) 'person' includes a joint family;12. Bombay General Clauses Act, 1904 also defines … purchase of the lands, the ten purchasers entered into another agreement on 30.12.1971 recording that the total sale price of Rs.46,300/- was paid equally by

Subhan Rao and anr. Vs. Parvathi Bai and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Hindu Succession Act, 1956 - Sections 14(1) and 14(2); Hindu Law; Code of Civil Procedure (CPC), 1908 - Sections 9 and 14(2) - Order 41, Rules 23 and 27; Bombay Paragana and Kulkarni Watans Abolition Act, 1950 - Sections 3, 4 and 11; Adoption and Maintenance Act

Reported in : AIR2002Kant134; ILR2002KAR724; 2002(1)KarLJ606

Bai against the adoptive father of plaintiff 2-Sadashiva Rao Siddoji Rao for partition and separate possession of 1/4th share in the estate of Siddoji Rao. … into possession of property after the Act comes into force under a Will executed by a person under Section 30 of the Act, as enlarging life estate in such cases would run counter to spirit of Section 30 … deed dated 1-9-1941 described as 'potgi patra', had granted the suit properties to Ramachandra Rao creating a life estate and after his death the property to devolve to Sundari Bai and to the male issues born to