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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 … doubt about it, I give direction under the second proviso of Clause 39 of the Letters Patent of the Patna High Court that this appeal

Sachindra Kumar Roy and ors. Vs. Nabendra Kishore Roy

Court : Kolkata

Subject : Property

Reported in : AIR1934Cal155

Kharija Taluk Gour Kishore Roy. The plaintiff applied to the Collector for partition of the estate under the Estates Partition Act (5 of 1897). To this the defendants objected on the ground of Section 7 of the Act, namely, … Kensington (1856) 2 K and J 753 and Lady Langdale v. Briggs (1856) 8 De GM and G 391.7. In Nilmony Singh v. Kally Churn (1875) 2 IA 83 (PC) and Kathama Natchier v. Dora Singh (1875)

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. - … to the arrangements in existence between the parties? The taluk consists of 39 mouzahs. It was, many years ago, divided into two blocks, one of

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 … 'Tweddle' v. Atkinson', (1881) 1 B. and Section 393 (M) was applicable in this country. Accordingly Alak

Rajah D.K. Thimmanayanim Bahadur Varu, Rajah of Kalahasti and ors. Vs. ...

Court : Chennai

Subject : FamilyProperty

Reported in : AIR1928Mad713

Phillips, Offg. C.J.1. All these appeals relate to the recovery of allowances payable out of the Kalahasti estate. Appeals Nos. 28, 39 and 387 are from O.S. No. 50 of 1916 and 58, 69 and 70 … to his other sons. In 1890 the second son Timma filed a suit against Rajah Muthu Venkatappa for partition of the estate alleging that it was joint family property and not an impartible estate. This suit was … her husband's will and under the decree in O.S. No. 15 of 1897, a suit brought to enforce the terms of the will.3. In the … in evidence for want of registration under the provisions of the Registration Act. Under Section 17 (2) (vi) of that Act a decree or order

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 … 23, 24, 26 to 33, 35 to 37, 39, 40, 42, 48 to 55, 60 to 63 … 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

Mussummat Gunjeshwar Kunwar Vs. Durga Prashad Singh

Court : Mumbai

Subject : FamilyProperty

Reported in : (1918)20BOMLR38

that all the proceedings in a suit against Bishambhar Prashad Singh for partition which Durga Prashad Singh's father-in-law, Mahabir Prashad Singh, had, on the 25th … Prashad Singh, nor can she under the law continue to be his guardian.Your petitioner therefore prays that under Section 39, Clause (1), Act VIII of 1890, your Honour will be graciously pleased to declare that the guardianship of … her conduct in entering into the said compromise, had ceased to be entitled to any rights in the estate of her deceased husband, Bishambhar Prashad Singh, and that the plaintiff was entitled to the present possession of … benefit of the minors until Mohun Kunwar died late in the year 1897.19. After the death of Mohun Kunwar, Mussummat Gulab Kunwar acted as sole

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 … Section 18(4)of the Abolition Act is the question. 39. The plaintiff was the holder of the impartible … 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

The Chief Commissioner of Sales Tax Vs. Raj Kishan Goel

Court : Delhi

Subject : Sales Tax

Acts : Bengal Finance (Sales Tax) Act, 1941 - Sections 2; Delhi Sales Tax Rules, 1951 - Rule 10

Reported in : 21(1982)DLT15; [1982]50STC1(Delhi)

Act, 1922 as is dear from Section 3 of that Act. The partition of the Hindu undivided family has' the effect of disruption of the … would include a firm being a body of individuals by force of Section 3(42) of the General Clauses Act, 1897. There is nothing repugnant in the subject or context to exclude the application of this definition contained in … The Legislature not having made any provision generally for the assessment of income receivable on behalf of the estate of the deceased person the expression 'any tax which would have been payable by him under this Act … Delhi framed the Rules called the Delhi Sales Tax Rules, 195t. Rote 39(IA) was inserted by notification dated March, 10, 1959 published in Delhi Gazette

Mrs. Leelawati Singh and anr. Vs. State and ors.

Court : Delhi

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 276; Banking Regulation Act, 1949 - Sections 45ZA; Hindu Succession Act, 1955

Reported in : 4(1998)CLT165; 75(1998)DLT694

this suit was filed by Mt. Sardarkhatun, one of the widows, for partition of the properties left by Moulabus, including the Rs. 5,000/-in the Provident … case. To these rules the provisions of the Provident Fund Act of 1897, as amended by the Act of 1903 apply. At this time Master … and Anr. v. Indian Insurance & Banking Corporation Ltd. Salem and Anr., : AIR1957Mad115 considered the scope of Section 39 of the Insurance Act, 1938. In paragraph 7 of the judgment Govinda Menon, J. on behalf of the … the third respondent.2. The petitioner had prayed for the grant of Letters of Administration in respect of the estate of late Shri Harikishan Singh. The second petitioner supports the petition. The third petitioner; Vijay Kumar Singh, opposes