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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. - … JJ., Ananda Kishore Choudhury v. Musamviat Daijie Thakurani 10 C.L.J. 189 : 36 C. 726 : 1 Ind. Cas. 549, questions similar to those now

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 … merits: Ananda Kishore Choudhry v. Daiji Thakurani 1 Ind. Cas. 549 : 36 C. 726 : 10 C.L.J. 189. On trial after remand, the Subordinate

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 … 117; Ananda Kishore Chowdhury v. Daije Thakurain 1 Ind. Cas. 549 : 36 C. 726 : 10 C.L.J. 189 and Janaki Nath Chowdhury v. Kali

Dowager Rani Lalitha Kumari Devi and ors. Vs. the Raja of Vizianagaram ...

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 82 and 97; Hindu Law; Madras Impartible Estates Act, 1904 - Sections 2(3), 3, 7 and 14; Evidence Act, 1872 - Sections 115

Reported in : AIR1954Mad19

to the plaintiff in July 1946. In August 1949 notifications were published under the provisions of the Madras Estates Abolition and Conversion into Ryotwari Act. 1948, and the Estate was taken over by the Government with effect … support him in this matter. The other suit, C. S. No. 495 of 1949, is a suit for partition of the partible properties belonging to the joint family, and we are concerned in these appeals with that … was not the sole surviving coparcener when he executed the will in 1897. It is sufficient to quote the following observations of Viscount Dunedin in … the effect of the release deed, Ex. P 36, we may deal briefly with the deed of … source of income of the estate & the circumstances of the family. Section 14 of Madras Act, 2 of 1904 specially provides for such a

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

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 … The five appellants along with their respective spouses purchased 172 acres and 36 guntas of agricultural land in Madheli village under four sale deeds dated … 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

Maganti Veerabhadrayya Vs. Sree Rajah Bommadevara Naganna Nayudu Bahad ...

Court : Chennai

Subject : Property

Reported in : (1927)52MLJ38

defendant's claim to permanent right of occupancy in them is based on Clause 1, Section 6 of the Estates Land Act and for that clause to apply the land.must be a 'ryoti land not being old waste'. … have made so far, I have dealt with these lands till the year 1895. In 1896 began the partition suit between the North and the South Vallur Zamindars. A Receiver was appointed by Court and all the … a period of twenty years, that is, from the year 1878 to 1897. These are statements relating to collection and arrears of revenue maintained by … have occupancy rights upon the Privy Council rulings in Suryanarayana v. Patanna 36 MLJ 585 (PC), Venkata Sastrulu v. Seetharamudu ILR (1919) Mad. 166 and

Aimanaddi Patari Vs. NabIn Chandra Gope and ors.

Court : Kolkata

Subject : Property

Reported in : 5Ind.Cas.307

partition was effected of the parent estate Taluk Kalika Prosad by the Collector under the provisions of the Estates Partition Act (V of 1897 B.C.) and the lands in suit Kismat Daychora were allotted to the co-sharers or some … or howla right to the whole mudafat. The Subordinate Judge proceeding on this erroneous assumption has held that Section 99 of the Estates Partition Act applies to the case. It clearly cannot apply. Nor are we concerned … Nos. 36 AND 150.1. These two appeals are preferred by the plaintiff in suits

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

Ramachandra Rao, the husband of Sundari 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. Ramachandra Rao had taken up a … land; 2 items are situate at Belagali Village, measuring in all about 36 acres 17 guntas and another 2 items situate at Kabbur Village measuring … 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 … 1. After coming into force of Section 14(1) of the Hindu Succession Act, her life estate got enlarged into an absolute estate. Therefore, Sundari Bai

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 … two learned Judges of this Court in Ananda Kishore Chowdhury v. Daiji Thakurani 1 Ind. Cas. 549 : 36 C. 726 : 10 C.L.J. 189 to this effect: 'Article 14 of the Limitation Act no doubt provides