Advanced Search Results

Nanda Lal Pathak and anr. Vs. Mohunt Chanurpat Das and ors.

Court : Kolkata

Subject : Civil

Reported in : 18Ind.Cas.143

will follow the result.N. Chatterjea, J.7. I agree. Partition - Butwara Khasra--Record--Evidence--Evidence Act (I of 1872), Section 35--Estates Partition Act (VIII B.C. of 1876)--Estates Partition Act (V of 1897 B.C.)--Record of Rights--Presumption--Rebutting proof. -

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 … Section 6 of the Act divested the plaintiff of his quondam proprietor ship. Moreover, there is nothing in Section 35 of the Act, relied on by counsel to substantiate his submission, depriving the civil court of its jurisdiction

Khetra Nath Mandal and ors. Vs. Mahomed Alla Rakha and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : AIR1919Cal616,45Ind.Cas.921

the partition of estates payiug revenue to Government. The law on the subject is now contained in the Estates Partition Act of 1897 (Bengal Act V of 1897) which superseded and repealed a previous Act of the year 1876.4. … plaintiffs. The learned Pleader for the defendants contends that those papers are not evidence and are not within Section 35 of the Evidence Act. In support of that contention he has cited the cases of Perma Roy v.

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 … 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 … assessment in case of departure from 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 business, section 25A with assessment after

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 … L.R. 878; Raghubir Singh v. Moti Kunwar 17 Ind. Cas. 766 : 35 I.A. 41 : 13 M.L.T. 162 : (1913) M.W.N. 127 : 11

Mirza Raja Shri Pushavathi Viziaram Gajapathi Raj Manne Sultan Bahadur ...

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Madras Impartible Estates Act, 1902; Madras Impartible Estates (Amendment) Act, 1903; Madras Impartible Estates (Amendment) Act, 1904; Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Sections 17, 17-A, 18(1), 18(3) and 18(4); Indian Penal Code (IPC), 1860

Reported in : [1964]2SCR403

and their uncle, defendant No. 3 was amicably resolved. 3. In 1948, the Madras Legislature passed the Madras Estates (Abolition and Conversion into (Ryotwari) Act, 1948 Mad. 26 of 1948) (hereinafter called the Act), and pursuant to … brought to this Court with a certificate issued by the Andhra Pradesh High Court, arises out of a partition suit filed by the plaintiff Viziaram Gajapathi Raj II against his younger brother Visweswar Gajapathi Raj, defendant No. … the Maharani of Rewa. Ananda Gajapathi Raj died issueless on May 23, 1897. Before his death, he had executed a will bequeathing all his properties … conclusion thus reached by the Court of Appeal. 35. The result is, the appeals preferred by defendants … provisions of the Act; the apportionment of lands would be governed by Sections 12 and 47 of the Act, whereas the buildings incorporated with the

The Maharaja of Vizianagaram by His Guardian and Next Friend, F.W. Gil ...

Court : Chennai

Subject : PropertyLimitation

Reported in : (1903)13MLJ83

in execution of the decree of the Privy Council effected a partition of Merangi, dividing it into four estates each separately assessed and registered, and the estate of Chinna Merangi was allotted to Jagannatha Raz's share which … Div. 564. Falke v. Scot. Imp. Insurance Co. 34 Ch.D. 234 and Strutt v. Tippett 62 L.T.Rep.N.S.475 and Section 35 of the Madras Revenue Recovery Act II of 1864 as amended by Madras Act I of 1897.13. The

Satish Chandra Chatterjee Vs. Kali Charan Choudhury

Court : Kolkata

Subject : Tenancy

Reported in : AIR1925Cal437

interest in which fell to his share upon a partition made in the year 1914 under the Bengal Estates Partition Act V. (B.C.) of 1897. The Munsif of Basirhat decreed his suit: but the Subordinate Judge of 24 Parganahs, … of opinion that the records of the partition proceedings under the Act of 1897 would be evidence under Section 35 of the Evidence Act, notwithstanding that the batwara khasra under the previous Act of 1876 was held not

Atika Begum, Vs. Haji A.A.M. Abdulla,

Court : Chennai

Subject : PropertyFamily

Acts : Transfer of Property Act - Sections 6, 10 and 11

Reported in : (2002)2MLJ4

shares of the properties. 6.2. Similarly, defendants 2, 91, 117 and 118, in their written statement, prayed for partition and separate possession of their 2947.88 shares in the suit property.6.3. Defendants 33, 37 and 52, in their … 18, 20, 21, 23, 24, 26 to 33, 35 to 37, 39, 40, 42, 48 to 55, … taxed and noted in the margin thereunder shall be met from and out of the assets of the estate. 8.4. For the purpose of clarity, we are obliged to extract Schedule `A' and Schedule `B' of the … the sharers, imposed in the registered Will dated 11.2.1897, which is admittedly acted upon by all the parties as a family settlement, creates a right … over the suit property.13.5. In this regard, we are obliged to refer Section 10 and 11 of the Transfer of property Act, which read as

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 … Rajagopalan, 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 11-9-1950. There was no dispute either … 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 … the Abolition Act affect the par-tibility or otherwise of these items. 32. Section 12 of the Abolition Act concludes, in my opinion, the rights of … Pandia', AIR 1921 Mad 340 (D) at pp. 354, 355, Krishnan J. pointed out the distinction between