Advanced Search Results

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 … Suraneni Lakshma Venkama Row 3 B.L.R. (P.C.) 41 : 12 W.R. (P.C.) 40 : 13 M.I.A. 113 : 2 Suth. P.C.J. 265 : 2 Sar.

Girwardhary Singh Vs. Bachu Singh and ors.

Court : Kolkata

Subject : PropertyCivil

Reported in : 5Ind.Cas.454

was approved and in April of that year the proprietors came, in under Section 51 of the Bengal Estates Partition Act (1897) and applied to have the partition made by arbitrators three of whom were named.2. It appears that the … in Secretary of State for India in Council v. Fahamidannissa Begum 17 C. 590 (P.C.) : 17 I.A. 40, and to the numerous cases where Collectors have executed certificates where no arrears of revenue were due or

Gopala Roy Vs. Ram Kishen Thakur and ors.

Court : Kolkata

Subject : Property

Reported in : 6Ind.Cas.450

of land under circumstances obtaining in this case.5. It is provided by Sections 64 and 65 of the Estates Partition Act (V of 1897) that the partitioning officer may assess a fair rent upon dwelling houses, gardens, etc., which … and equitable rents upon any plots of land under circumstances obtaining in this case.5. It is provided by Sections 64 and 65 of the Estates Partition Act (V of 1897) that the partitioning officer may assess a … proceedings in effectuation of a partition decree.2. One of the plots No. 40 fell to the share of the defendant No. 1. There is an

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 … of Rs. 6000, an annual sum or Rs. 40,000, in consideration of her surrender of certain rights

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 … 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 … division of the plaintiffs' 11315.87 shares out of 40254.87 shares in the suit property by metes and

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

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 … He was the holder of an impartible estate for the last about 40 years which was 'much before the passing of the Hindu Succession Act.' … '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

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 … Privy Council in Yerlagadda Mallikarjuna Prasad Nayudu v. Somayya ILR (1918) Mad 400 : 36 MLJ 257 (PC). Now applying that test, I shall proceed

Gomi Bai and ors. Vs. Uma Rastogi and anr.

Court : Andhra Pradesh

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 1 and 2 - Order 8, Rule 5(3); Specific Relief Act, 1963 - Sections 15, 19, 20 and 22(1); Transfer of Property Act - Sections 54; Evidence Act - Sections 102

Reported in : 2005(2)ALD631

should be explicit assignment of right of a party to the contract to a third person.54. General Clauses Act, 1897 also does not define the term 'representative in interest' or 'legal representative'. Indian Succession Act, 1925 also does … to obtain specific performance of contract of sale under Section 15(b) of the Specific Relief Act read with Section 40 of the Indian Contract Act, including assignee of the right under an agreement. In support of the submission, … In the insolvency proceedings, the Official Assignee of Madras as assignee or estate of Venkata Subrahmanya Ayyar conveyed the right, title and interest of the … creates a trust in favour of a stranger. Persons not parties to partitions or family arrangements claiming benefits provided for them in such transactions really

Shiva Prasad Gupta Vs. Gokul Chand and ors.

Court : Allahabad

Subject : Civil

Reported in : AIR1939All97

of the learned Civil Judge of Allahabad to the following effect:As the judgment-debtor has applied under the Encumbered Estates Act in Benares (vide order of Collector) execution cannot proceed and is shelved. Certificate sent shall be withdrawn.2. … of the reference was that there was a decree passed in a partition suit in regard to properties belonging to a joint Hindu family and … in these Sections for the Court which passed a decree sending a certificate to another Court, and under Section 40 the Court might be in another province. When such a decree has been sent for execution certain rules