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Nitya Gopal Samanta Vs. Pran Krishna Dau and ors.

Court : Kolkata

Subject : Civil

Acts : Partition Act, 1893 - Sections 2 and 9; ; Bengal, Agra and Assam Civil Courts Act, 1887 - Section 37(2); ; Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 18 - Order 26, Rule 13; ; Code of Civil Procedure (CPC) , 1882 - Section 396

Reported in : AIR1952Cal893,57CWN439

keeping the watery portion of the tank joint between the parties.33. I have already referred to Section 9, Partition Act, 1893. That section does not confer an independent power of sale. It is merely an enabling section and not

Jadu Nath Sarkar and ors. Vs. Haran Chandra Sarkar and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : AIR1923Cal221,70Ind.Cas.687

the 25th June and 17th July 1920, applications were made by various share-holders under Section 2 of the Partition Act, 1893, for an order for sale instead of division; but the Subordinate Judge declined to make an order under … a sale of the entire property in suit. No doubt, the section has to be read along with Section 9 which provides that, in any suit for-partition the Court may, if it shall think fit, make a decree

R. Jagadish Naik Vs. Gowramma since deceased by LRs and Others

Court : Karnataka

Subject : Land Acquisition

sum. All contentions are kept open. Subject to observation made herein above writ petition stands rejected. Ordered accordingly. Partition Act, 1893 Section 7 Code of Civil Procedure, 1908 Order 21 Rule 84 to 86 Auction purchaser Repayment of amount Petitioner … constitute the entire auction sale amount and as such contention of learned counsel for petitioner cannot be accepted. 9. In the light of aforestated facts it cannot be gain said by petitioner that deposit of portion of

G. Sathyavelu Vs. G. Pramila Devi and Others

Court : Karnataka

Subject : Land Acquisition

sale proceeds as per their entitlement. The said application was filed in terms of Section 2 of the Partition Act, 1893, read with Section 151, C.P.C. After hearing the learned advocates for the parties, the following order came to … such party in terms of Section 3 of the Partition Act at the price determined upon such valuation. 9. Section 6(1) of the Partition Act mandates fixation of reserve price. No such attempt is made by the

Kusum Kumria and Others Vs. Pharma Venture (India) Pvt. Ltd. and Anoth ...

Court : Delhi

Subject : Land Acquisition

would apply to such proceedings. 113. The statutory provision relating to partition of property are found in the Partition Act, 1893. For convenience, we extract hereunder the relevant provisions contained in Sections 2, 3, 4, 6, 7 and 8 … be a decree within the meaning of the expression in Section 2 of the Code of Civil Procedure. Section 9 enables partition of part of the property as well. 119. So far as the judgment and decree in

Baratam Satyanarayana Vs. Baratam Kantharao and ors.

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Partition Act, 1893 - Sections 2, 3, 3(2), 4, 4(2), 6, 6(1), 6(2), 6(3) and 7; Code of Civil Procedure (CPC), 1908 - Sections 96, 115 and 151 - Order 21, Rules 9, 9(1), 83, 84 and 85 - Order 32, Rule 12; Partition Rules - Rules 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 234 and 235

Reported in : AIR1989AP320

into Court before the Court closes on the 15th day from the sale of the property.7. But the Partition Act, 1893 provides in Section 2 for sale of joint property by public auction and in Section 3 for auction … of interpretation of the provisions of Sections 2, 3, 6(2), 7(b) of the Partition Act read with Rule 9(1) of the Rules framed under that Act and the applicability or otherwise of Order 21, Rules 84 and

Sukhendu Bikash Addy Vs. BipIn Behari Addy and ors.

Court : Kolkata

Subject : Property

Acts : Partition Act, 1893 - Sections 2, 3, 3(2) and 8

Reported in : AIR2002Cal60

of sale in favour of the said Amal Roy. According to respondent No. 2, Section 3 of the Partition Act. 1893 requires a valuation. But no such valuation was ever made before putting up the property for sale. Neither … on 26th November, 1997. The Special Leave Petition against the same was dismissed on 20th February, 1998. On 9th April. 1998 the said Amal Roy submitted the draft conveyance to the Joint Receivers for fixation of a

Khirode Chandra Ghoshal and anr. Vs. Saroda Prosad Mitra

Court : Kolkata

Subject : Civil

Reported in : 7Ind.Cas.436

by which the Court below has refused an application made by the petitioners under Section 4 of the Partition Act of 1893. The petitioners were two of the defendants in a suit for partition of joint property, commenced … Partition Act, may be made after the preliminary decree. The case of Kali Kumar v. Brahmananda 7 C.L.J. 98, where the earlier authorities do not appear to have been brought to the notice of the Court, may,

Balgobind Misra and anr. Vs. Sheo Nandan and ors.

Court : Allahabad

Subject : Tenancy

Reported in : (1923)ILR45All744

the plaint were recorded as fixed-rate holdings of Subhao's family. In the year 1893 there was a perfect partition of the entire village, which was divided into three distinct mahals. Mahal Bishen Dayal consisted of five pattis, … that these were separate transactions. It was further pleaded that the plaintiffs were precluded under the provisions of Section 9 of the Agra Tenancy Act from saying that the plots were not fixed-rate holdings but zamindari properties; and

Sheo Nandan and ors. Vs. Balgobind Misra and anr.

Court : Allahabad

Subject : Land Acquisition

Reported in : 74Ind.Cas.647

the plaint were recorded as fixed-rate holdings of Subhao's family. In the year 1893 there was a perfect partition of the entire village which was divided into three distinct mahals. Mahal Bishen Dyal consisted of 5 pattis, … that these were separate transactions, It was further pleaded that the plaintiffs were precluded under the provisions of Section 9 of the Agra Tenancy Act from saying that the plots were not fixed-rate holdings but zemindari properties, and