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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 … of the Revenue authorities which cannot be questioned by a suit in any Civil Court. An order under Section 45 or 46 is not one of the orders mentioned in Section 119. The reason for the exclusion is

Chattra Nath Chowdhury and ors. Vs. Babar Ali and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1925Cal635

tenure, that in the year 1896-1897 there were partition proceedings between the landlords including the Appellants under the Estates Partition Act and in the batwara papers of these proceedings the lands are described as rent-free. On these facts the … derived from the cases of Bipradas Pal Chaudhury v. Manorama Debi (1917) 45 Cal. 574 and Jafer Ahmed v. Birendra Kishore Manikya (1913) 22 C.L.J. … and the tenure was recorded as rent-paying, the rent being fixed at Rs. 15. They then applied under Section 105, Bengal Tenancy Act, to have the entry corrected, but they were not allowed to proceed with their

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 … jewels claimed by her. These were items 20, 45, 49, 54, 186, 203, 230, 348, 349, two … 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

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 … 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 … 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 estate abolished under the provisions of the Abolition Act were declared by Section 18 of that Act. Section 45 regulated the apportionment of the compensat'on determined under the provisions of Section 27 of that Act. The validity

Ray Satindra Nath Choudhury Vs. Ray Jatindra Nath Choudhury and ors.

Court : Kolkata

Subject : Property Contract

Reported in : AIR1927Cal425,101Ind.Cas.530

Rs. 20,000.2. On the 18th March 1921 there was a deed of partition between the two brothers and their mother. The material portion so far … the claims of the others.11. The offer of a money debt does not operate to discharge the debt. Section 45 of the Act which deals with the right of joint promises to performance lays down that the right … the same would be taken into account at the time of the adjustment of accounts of the joint estate. Jatindra did not give any reply to the notice, but Jatindra instituted these two suits on the 2nd

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

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 … and South), Ranga Reddy District, being O.S. No. 45 of 1982. When the suit came up for … to the benefit of counterpart agreement. 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 insolvent in the house and 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 … husband and therefore suit by her as nominee is maintainable as per Section 15 of the Specific Relief Act, 1963. The respondents/ defendants did not

Brundaban Chandra Dhir Narendra Vs. the State of Orissa in the Revenue ...

Court : Orissa

Subject : Civil

Acts : Constitution of India - Articles 19(5), 31, 31(1), 31(2) and 226; Code of Civil Procedure (CPC) , 1908 - Sections 9; Orissa Court of Wards Act, 1947 - Sections 5, 10, 13, 14, 15, 16, 18 and 52(1); Evidence Act, 1872 - Sections 101 to 103 and 114; Tenancy Law; Orissa Tenancy Act, 1913 - Sections 65, 84 and 85; Orissa Board of Revenue Act, 1951 - Sections 3, 4, 4(2) and 5; Orissa Communal, Forest and Private Lands (Prohibition of Alienation) Act, 1948 - Sections 3

Reported in : AIR1953Ori121

the Bengal Land Registration Act (Act 7 of 1876); the Bengal Cess Act (Act 9 of 1880); the Estates Partition Act (Act 5 of 1897); and the Bengal Settled Estates Act (Act 3 of 1904). In-all these enactments 'estate' … in charge of the Wards Estate. The State Government by virtue of the powers conferred on it under Section 16, Orissa Court of Wards Act, 1947, issued notification No. 9876/R dated the 7th December 1951, in the

Mahomed Haji Abu Vs. Khatubai

Court : Mumbai

Subject : Family

Reported in : AIR1918Bom89; (1919)21BOMLR85

the summary of between thirty and forty Probate and Administration grants in Bombay in the matters of the estates of Halai Memons from 1857 to the date of this suit all except three relate to Bombay residents … of the Nyayadhish of Bantwa or the Sorath Prant establish that the Hindu law of succession, maintenance and. partition is applied to Memons of Bantwa. In a Vasavad case between Mentions it was decided by the Court … by the notice of the Bombay Government (Exh. L) of the year 1897 described as a 'Public notice to the Minion community by the Government … as well as in Bombay.10. In Exhs. A 45 and A 46, summaries of pleadings in 32 … though it does not accord with the rule of the Koran. The actual decision was limited to this that the custom pleaded that females are … been recognized and which are thus admissible under Section 13 of the Indian Evidence Act.26. In 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 … 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 … 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 … portion of the compensation and allotment of lands in patta as will be determined by the Tribunal under Section 45 of Act 26 of 1948.The amount due, under Ex. P-31 will be payable only out of the separate