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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 … had not been joined as a party and, secondly, that the suit was barred under the provisions of Section 25 of the Bengal Estates Partition Act.2. In respect of the first objection, the learned Judge held that … 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

Mahomed Haji Abu Vs. Khatubai and ors.

Court : Mumbai

Subject : Family

Reported in : 51Ind.Cas.513

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 Memons it was decided by the Court … by the notice of the Bombay Government (Exhibit L) of the year 1897 described as a 'Public notice to the Memon community by the Government … as in Bombay.10. In Exhibits A45 and A 46, summaries of pleadings in 32 suits for administration … 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 … bean recognised and which are thus admissible under Section 13 of the Indian Evidence Act.27. In the

YasIn Ali Mirdha and ors. Vs. Radhagobinda Chowdhury and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 69Ind.Cas.814

presented by the defendants to the Revenue Authorities on the ground that some of the lands of the estates sought to be partitioned were joint with the lands of other estates and the Revenue Authorities were not … be incorrect. It was assumed in that case that the Assam Land and Revenue Regulation repealed the Bengal Partition Act VIII of 1876, which in reality was not repealed by the Regulation, for the simple reason that it … which has been subsequently re-produced in Section 84 of Act V of 1897 (B. C.). The plaintiffs have contended at, by an oversight, the framers … with that formulated in Brojendra Kishore Ray Chowdhury v. Kali Kumar Chowdhury 46 Ind. Cas. 967 : 46 C. 236. But we have not plated

YasIn Ali Mirdha and ors. Vs. Radha Gobinda Chaudhuri and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 55Ind.Cas.180

presented by the defendants to the Revenue Authorities, on the ground that some of the lands of the estates sought to be partitioned were joint with the lands of other estates and the Revenue Authorities were not … be incorrect. It was assumed in that case that the Assam Land and Revenue Regulation repealed the Bengal Partition Act VIII of 1876, which in reality was not repealed by the Regulation, for the simple reason that it … which has been subsequently reproduced in Section 84 of Act V of 1897 B.C. The plaintiffs have contended that, by an oversight, the framers of … identical with that formulated in Brojendra Kishore Ray v. Kali Kumar Chowdhury 46 Ind. Cas. 967 : 46 C. 236. But we have not placed

Kesu Pandu Yelawande Vs. Indubai Ankush Khandagale

Court : Mumbai

Subject : Family

Reported in : (1970)72BOMLR471; 1970MhLJ751

Senior Division, Ahmednagar, the suit from which the present appeal arises for partition and separate possession of a half share in the property left by … meaning of the word 'instrument' to include an Act of the Legislature. Section 8 of the General Clauses Act, 1897 refers to an enactment or an instrument. The word 'instrument' is therein so used as to exclude an … exclude an enactment. In the case of Emperor v. Rayangouda Lingangouda (1944) 46 Bom. L.R. 495, a Division Bench of this Court observed that (p. … the plaintiff and in the net result the plaintiff would be entitled to a half share in the estate of Pandu. He, therefore, confirmed the decree of the trial Court with certain minor alterations. Defendant No. 1

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 … per annum.(ii) Defence of the Defendants 1 to 46. Fourth respondent herein, who is Defendant No. 4, … 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' … Turner L. J., in -- 'Hill v. South Staffordshire Rly Co.', (1864) 46 E R 363 (D) when he states that'powers such as those which … 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 … in Bombay.10. In Exhs. A 45 and A 46, summaries of pleadings in 32 suits for administration … 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

Sheo Prakash and anr. Vs. Ala-ud-dIn and ors.

Court : Allahabad

Subject : Land Acquisition

Reported in : 84Ind.Cas.599

The person who takes the security takes it subject to the rights of those other co-sharers to enforce partition and thereby to convert what was an undivided share of the whole into a defined portion held in … made by Moulvi Farid-ud-din and Munshi Shaikh Shams-ud-din on the 26th July 1897. This document is to be found in Part III of the printed … of Hakim Lal v. Ram Lal 6 C.L.J. 46 in an elaborate judgment Mookerji, J., has expressed … I am satisfied that according to their findings Sharf-ud-din had at least a 711/12 pies-share if the family estate be deemed to be sixteen annas. The plaintiff's Vakil in the oral pleadings printed at page 32 of … the entries made in the revenue registers bore no relation to the actual facts. Items of property recorded in the names of individual members of … share In the mortgaged properties. By virtue of Section 43 of the Transfer of Property Act 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 … in -- 'Bagabati v. Kali Charan', 38 Cal 468 (PC) (Z2), may usefully be quoted in this