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Mar 17 1930

Kedar Nath Sanyal and ors. Vs. Naresh Chandra Ghosh and ors.

Court : Kolkata

Decided on : Mar-17-1930

Subject : Civil

Reported in : AIR1931Cal29

defendant before us, two points have been taken : (1) that the suit is barred under Section 119, Estates Partition Act 1897; (2) that the suit is barred by limitation under Article 14, Lim. Act. It [may be noted that … the extent of eight annas odd share of the Dop Chak. But as he found that in the D Register in the Collectorate, which I understand is the Land Registration Register the plaintiff was not recorded as

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Jul 05 1927

Mt. Matangini Ghose and ors. Vs. Mt. Monmohini Ghose and ors.

Court : Kolkata

Decided on : Jul-05-1927

Subject : Property

Reported in : AIR1928Cal41

Page, J.1. This appeal depends upon the true construction of Section 149, Estates Partition Act (8 of 1876), now Section 119 of Act Section 1897. Section 149 runs as follows:No order of a

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May 10 1918

Brojendra Kishore Roy Chowdhury Vs. Kali Kumar Chowdhury

Court : Kolkata

Decided on : May-10-1918

Subject : PropertyCivil

Reported in : AIR1919Cal815,(1919)ILR46Cal236

provision regarding lands common to a number of estates to be found in Section 6 of the Bengal Estates Partition Act V of 1897. But the case provided for in that section is not the case with which we

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May 10 1918

Brojendra Kishore Ray Chowdhury Vs. Kali Kumar Chowdhury and ors.

Court : Kolkata

Decided on : May-10-1918

Subject : Land Acquisition

Reported in : 46Ind.Cas.967

provision regarding lands common to a number of estates to be found in Section 6 of the Bengal Estates Partition Act, V of 1897. But the case provided for in that section is not the case with which we

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Apr 25 1952

Dowager Rani Lalitha Kumari Devi and ors. Vs. the Raja of Vizianagaram ...

Court : Chennai

Decided on : Apr-25-1952

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 … Vijaya should be paid a sum of Rs. 5000 per month during his life on his attaining

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Jun 29 2012

Vasudeva Menon and Others Vs. M/S. K.J. Plantation

Court : Kerala

Decided on : Jun-29-2012

Subject : Land Acquisition

by document No.953/1978 executed by the above persons. According to the petitioner, M/s. K.J. Plantations consists of three estates that is Mount Rubi Estate, which is item No.1 in the E.P., Saphire Estate which is item No.2 … F. A. No.12/2010 is directed against the order in EA. No.38/09. The said Suit, OS.No.1/64 was one for partition. Following a preliminary decree, a final decree came to be passed. As per the final decree, the appellants … both the parties. A1 purports to be the lease of the year 1897. A2 is the copy of the agreement between the lessor and Anglo … efflux of time as per Section 111(g) of the Transfer of Property Act. The lease was not renewed and they have relinquished their leasehold right … the Judgment of the Madras High Court in D. Nataraja Achari v. Balambal Ammal (AIR 1980 Madras

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Sep 21 1918

Mahomed Haji Abu Vs. Khatubai and ors.

Court : Mumbai

Decided on : Sep-21-1918

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 … 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 … of, effect of. - Section 3: [S.B. Mhase, D.S. Bhosale & A.S. Oka, JJ] Offences of atrocities

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Aug 09 2005

Sunkana Sivaram and anr. Vs. Thota Venkata Seshubai (Died) and ors.

Court : Andhra Pradesh

Decided on : Aug-09-2005

Subject : FamilyCivil

Acts : Indian Succession Act, 1925 - Sections 15, 75, 83, 84, 86, 87, 88, 93, 97, 112, 113, 114, 115, 116, 124 and 192 to 195; Hindu Succession Act, 1956 - Sections 15 and 15(2); Land Acquisition Act - Sections 18; Hindu Transfers and Bequests Acts, 1914; Hindu Disposition of Property Act, 1916; Hindu Transfers and Bequests (City of Madras) Act, 1921; Transfer of Property Act - Sections 13; Hindu Law; Code of Civil Procedure (CPC) - Order 1, Rule 10

Reported in : 2005(6)ALT264

that absolute interest could be construed as having been cut down to a life interest where successive absolute estates are given and the dominant intention of the testator was to benefit each donee. In such a case, … of idea in the document but in constructing a Will executed in 1897, the Court should try its best to get at the intention of … death his wife used to collect rent and afterwards this defendant was informed that the properties had been partitioned and this item of property fell to the share of his brother Rama Rao and after the death … validity thereof in the light of the provisions of the Indian Succession Act, 1925, hereinafter in short referred to as 'Act' for the purpose of … the said Clauses especially in the light of Sections 88, 112 and 113 of the Act. The … the plaintiff in all the plaint A to D Schedule properties; to direct the defendants to deliver

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Sep 15 1922

C.S. Vadamalai Pillai and ors. Vs. P. Subramania Chettiar and ors.

Court : Chennai

Decided on : Sep-15-1922

Subject : Land Acquisition

Reported in : AIR1923Mad262; 71Ind.Cas.130

the Subordinate Judge in the light of the evidence that has been adduced. The 1st defendant got, by partition with his brothers in 1897, a piece of land worth Rs. 200 and a house worth Rs. 260 … Rs. 20,750 between 1st November 1906 and 6th September 1912 from his father who was Receiver of several estates under this High Court. This statement is borne out by the entries in his accounts, Exhibit A series, … house site No. 44 upon which there was a debt of Rs. 500. Exhibit E contains a reference to item No. 7, a property worth … regular and valid according to Section 59 of the Transfer of Property Act.3. In appeal the following contentions have been raised. First, that the loan

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Oct 15 1981

The Chief Commissioner of Sales Tax Vs. Raj Kishan Goel

Court : Delhi

Decided on : Oct-15-1981

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

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