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Ananda Kishore Chowdhry Vs. Daije Thakurain

Court : Kolkata

Subject : Contract

Reported in : (1909)ILR36Cal726

Court Fees Act. Partition - Estates Partition Act Bengal VIII of 1876), Section 63, and (Bengal v. of 1897), Section 2, Clause (6)--Private Partition--Partition Proceedings commenced under Act V of 1876 (B.C.) whether governed by Act V of … litigation, had been privately partitioned and could not form the subject-matter of partition by the Collector under the Estates Partition Act. There has been no investigation into the facts of the case, but the Subordinate Judge has dismissed the … of the order for partition made by the Revenue Court; and fourthly, that the suit was barred under Section 42 of the Specific Relief Act.2. The plaintiffs have appealed to this Court, and on their behalf it has

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, … of State (1899) 22 Mad 270, that a declaratory decree can be made independently of the provisions of Section 42, Specific Relief Act. In that case what happened was this: By the effect of Sections 5 and 6,

Ananda Kishore Chowdhury and ors. Vs. Daiji Thakurani

Court : Kolkata

Subject : Land Acquisition

Reported in : 1Ind.Cas.549

had been privately partitioned and could not form the subject matter of partition by the Collector under the Estates Partition Act. There has been no investigation into the facts of the case but the Subordinate Judge has dismissed the … partition--Estates Partition Act (VIII B.C. of 1876), Sections 12, 24, 26, 31 and 149--Estates Partition, Act (B.C.V of 1897), Section 2 Clause (c)--Limitation Act (XV of 1877), Schedule II, Article 14--Jurisdiction, order without, nullity--Evidence--Possession--Entry in Collector's order-sheet--Suit not … of the order for partition made by the Revenue Court; and fourthly that the suit was barred under Section 42 of the Specific Relief Act.2. The plaintiffs have appealed to this Court and on their behalf it has

Fatechand Mahesri and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : West Bengal Estates Acquisition Act, 1954 - Sections 6 and 14(3); ;Hindu Law; ;General Clauses Act - Section 3(42)

Reported in : AIR1972Cal177,76CWN137

the coparceners of a Mitakshara Joint Hindu family is an intermediary within the meaning of the West Bengal Estates Acquisition Act, 1953.2. The plaintiff No. 1 Fatechand Mahesri is the father of the plaintiffs 2, 3 and … April 1, 1955between the sons and grandsons ofFatchand, He, however pressed thealleged partition that took place between Fatechand and his sons, the plaintiffs Nos. 2, … individual or a person within the meaning of the word 'person' in Section 3(42) of the General Clauses Act. 1897. Under Section 3(42) 'person' includes a company or association or body of individuals whether incorporated or not. In

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 … 'Ramachandra Suru v. Venkatalakshmi Narayana', AIR 1919 Mad 429 (Z30) and --'Rajah of Kalahasti v. Venkatadri Rao',

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 … 26 to 33, 35 to 37, 39, 40, 42, 48 to 55, 60 to 63 and 67 … 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

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

Anand Prakash and anr. Vs. NaraIn Das-dori Lal and anr.

Court : Allahabad

Subject : Civil

Reported in : AIR1931All162

sell it under certain circumstances or that share which goes to the father in the event of a partition between himself and the sons. On the authority so long prevailing in this Court we take it that … 29 (2), Act 5 of 1920. But Section 52, Act 3 of 1897 has no counterpart in Act 5 of 1920.20. It has been strenuously … placed upon Jag Mohan v. Grish Babu [1920] 42 All. 515 and Om Prakash v. Moti Ram … his debts. The point which calls for determination is whether the interest of the sons in the joint estate vests in the receiver upon the father's bankruptcy or is the property of the insolvent, which the receiver … agreed that the first five firms mentioned above may be adjudicated insolvents. Acting upon this agreement the Court by its order dated 17th June 1926

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

Sashi Kumar Bhowmik and anr. Vs. Kamini Kumar Bhowmik

Court : Kolkata

Subject : Property

Reported in : AIR1931Cal576

landlord to whom the portion purchased has been allotted exclusively by a partition by the Collector under the Estates Partition Act 5 of 1897 (B. C ) made subsequent to the date of the purchase. Both] the Courts below … has not simply the effect of the splitting up the rent of the holding. The language of the section is plain and can lead to no other conclusion. This view also is in accordance with a line … annas 5 gandas share in a revenue paying estate bearing Touzi No. 420 in the Tipperah Collectorate records; under the 16 annas proprietor of this