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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 … instance. It is expressly laid down in the Hedaya, Chapter IV, Book 38, that it is a condition that the property of the shaft, remain

Brojendra Kishore Roy Chowdhury Vs. Kali Kumar Chowdhury

Court : Kolkata

Subject : PropertyCivil

Reported in : AIR1919Cal815,(1919)ILR46Cal236

provision regarding lands common to a number of estates to be found in Section 6 of the Bengal Estates Partition Act V of 1897. But the case provided for in that section is not the case with which we … share in Alam Raja. In the parent estate there had been opened three separate accounts known as Nos. 38, 47 and 49. Plaintiff-respondent No. 1 is a co-sharer in separate account No. 38, while he and the

Brojendra Kishore Ray Chowdhury Vs. Kali Kumar Chowdhury and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 46Ind.Cas.967

provision regarding lands common to a number of estates to be found in Section 6 of the Bengal Estates Partition Act, V of 1897. But the case provided for in that section is not the case with which we … accounts known as Nos. 88, 47 and 49. Plaintiff-respondent No. 1 is a co-sharer in separate account No. 38, while he and the other plaintiffs respondents Nos. 2 to 4 are co-sharers in one or more of

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 … in that behalf succeeded to the extent of 38 jewels. In regard to the claim made by … 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

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 … source of income of the estate & the circumstances of the family. Section 14 of Madras Act, 2 of 1904 specially provides for such a … -- 'Kristomai Dasi v. Narendra Krishna', 16 Cal 383 (PC) (A) after referring to the 'Tagore case'.'The

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

Govindlal Bhikulal Maheshwari and ors. Vs. Firm Thakurdas Bhallabhadas ...

Court : Mumbai

Subject : Civil

Acts : Indian Contract Act, 1872 - Sections 38

Reported in : AIR1974Bom164; 1974MhLJ106

properties, but each party blamed the other for not being able to partition the property. The plaintiff claimed that he was still the Karta of … of the Madras High Court in Barber Maran v. Ramana Gouden ILR 1897 20 Mad 461 in which it was held that a payment made … to give a valid discharge to the defendant No. 1. The learned Counsel relied on the provisions of Section 38 of the Indian Contract Act and the Full Bench decision of the Madras High Court in Annapurnamma V. … property is mortgaged to a person who subsequently dies leaving two or more heir jointly entitled to his estate payment made by the mortgagor of the amount due on the mortgage to one of those heirs without

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 … as emerging from the record of Wealth Tax Reference Nos. 34 to 38 of 1982. By its composite order of March 30, 1982, the Income … '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

Kuppathammal Vs. Sakthi Alias Thayammal and anr.

Court : Chennai

Subject : FamilyProperty

Acts : Guardians and Wards Act, 1890 - Sections 27; Hindu Women's Rights to Property Act, 1937 - Sections 3, 3(1) and 3(2); Madras Hindu Women's Rights to Property Act, 1947; General Clauses Act, 1897 - Sections 6; Hindu Succession Act, 1956 - Sections 31

Reported in : AIR1957Mad695

them do not appear to have exercised their right to demand a partition. Their alleged right in the property has not yet been established or … provisions of Section 38(2) of the Interpretation Act, 1889, corresponding to Section 6(c) of the Indian General Clauses Act, 1897, were inserted. The result of this provision is to make into a general rule what had been a … on condition however of her furnishing security in a sum which would ensure her administration in the minor's estate efficiently. The annual income from the properties left by the deceased appears to have been subject to fluctuations

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 … 23--H--1 1880--1881 173.17 Kamatam. do.4. 23--B 1881--1882 190.89 Kamatam. do.5. 23-C 1884--1885 38 23 Immemorial Kamatamdo. 132.56 Relinquished by ryots and absorbed into 170.79 Kamatam.6.