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Abdul Sathar Vs. A. Nawab
Chennai
Feb-19-1980
Family
Partition Act, 1893 - Sections 4
AIR1980Mad235; (1980)2MLJ287
eight years thereafter on 22-11-1977, the petitioner filed on application purporting to be under Section 4 of the Partition Act, 1893, praying that the share of the respondent may be valued and directed to be sold to the petitioner. … passed on 23-12-1969. Nearly eight years thereafter on 22-11-1977, the petitioner filed on application purporting to be under Section 4 of the Partition Act, 1893, praying that the share of the respondent may be valued and directed
Tag this Judgment! AI Brief & AskRam Bilas Tewari Vs. Smt. Shiv Rani and ors.
Allahabad
May-20-1977
FamilyProperty
Transfer of Property Act, 1882 - Sections 44; Partition Act, 1893 - Sections 4(1)
AIR1977All437
that neither the provisions of Section 44, Transfer of Property Act, nor those of Section 4 of the Partition Act, 1893 bar the relief for partition. Section 44 of the Transfer of Property Act reads as under:--'44. Where one … to Smt. Shiv Rani, respondent No. 1.3. For the appellant it was urged that neither the provisions of Section 44, Transfer of Property Act, nor those of Section 4 of the Partition Act, 1893 bar the relief
Tag this Judgment! AI Brief & AskKashi Nath Bhatt and ors. Vs. Atma Ram and ors.
Allahabad
Mar-07-1973
FamilyProperty
Partition Act, 1893 - Sections 4
AIR1973All548
owners of the remaining two third share and were entitled to the benefit of Section 4 of the Partition Act, 1893 (Act 4 of 1893). The suit was decreed in June 1959. It appears that the benefit of Section … the defendants were the owners of the remaining two third share and were entitled to the benefit of Section 4 of the Partition Act, 1893 (Act 4 of 1893). The suit was decreed in June 1959. It
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Gulamrasool SarfuddIn Malek and ors. Vs. Dulhanbibi and ors.
Gujarat
Oct-17-1979
FamilyProperty
Partition Act, 1893 - Sections 4
AIR1980Guj110
to the Full Bench is accordingly answered as under:-8. On a true interpretation of Section 4 of the Partition Act, 1893, we hold that the right conferred thereunder to compel a transferee of a share of a of an … has been referred to this Full Bench viz. whether in order to avail of the right conferred by Section 4 of the Partition Act of 1893 it is an essential precondition that the claimant must be arraigned
Tag this Judgment! AI Brief & AskGeeta Devi and anr. Vs. Daulati Devi and ors.
Supreme Court of India
Jan-15-2003
Family
Partition Act, 1893 - Sections 4
RLW2003(3)SC404; 2003(4)SCALE2; (2003)12SCC123
is : Whether a party to the compromise decree can file a petition under Section 4 of the Partition Act, 1893 where parties to a partition suit entered into a compromise and a decree was passed in terms thereof? … consideration in these appeals is : Whether a party to the compromise decree can file a petition under Section 4 of the Partition Act, 1893 where parties to a partition suit entered into a compromise and a
Tag this Judgment! AI Brief & AskGhantesher Ghosh Vs. Madan Mohan Ghosh and ors.
Supreme Court of India
Sep-18-1996
PropertyFamily
Partition Act, 1893 - Sections 4; Code of Civil Procedure (CPC) - Sections 11 and 47 - Order 21, Rule 16 - Order 22, Rules 10 and 12; Transfer of Property Act, 1882 - Sections 44 and 52
1996VIIAD(SC)217; AIR1997SC471; (1997)1CALLT26(SC); JT1996(8)SC410; 1996(6)SCALE734; (1996)11SCC446; [1996]Supp6SCR448
of Calcutta in Civil Revision Application No. 2250 of 1987. The question is whether Section 4 of the Partition Act, 1893 (hereinafter referred to as 'the Act') can be pressed in service in execution proceedings arising out of a … the case. Property - partition - Section 4 of Partition Act, 1893, Code of Civil Procedure, 1908 and Sections 44 and 52 of Transfer of Property Act, 1882 - whether Section 4 can be pressed in service
Tag this Judgment! AI Brief & AskRamzan Baksh and anr. Vs. NizamuddIn and ors.
Allahabad
Mar-30-1955
FamilyProperty
Partition Act, 1893 - Sections 4 and 4(1)
AIR1956All687
arises for partition of the entire property. They claimed that they were entitled under Section 4 of the Partition Act, 1893, to include in the property the subject of the suit the share of the first appellant upon payment … of which this appeal arises for partition of the entire property. They claimed that they were entitled under Section 4 of the Partition Act, 1893, to include in the property the subject of the suit the share
Tag this Judgment! AI Brief & AskSeraj Ahmad Vs. Mohammad Ramjan and ors.
Allahabad
Feb-01-2002
PropertyContract
Partition Act, 1893 - Sections 4; Specific Relief Act, 1963 - Sections 16
2002(1)AWC770
on which the appeal was admitted. Therefore, I consider the same.6. Clause 1 of Section 4 of the Partition Act. 1893, on which the learned counsel relied upon, reads as follows :'Partition suit by transferee of share in dwelling … the following substantial question of law :'As to whether view taken by the courts below regarding applicability of Section 4 of the Partition Act, as prayed by the appellant, before passing of the preliminary decree is incorrect?'3.
Tag this Judgment! AI Brief & AskSrilekha Ghosh (Roy) and anr. Vs. Partha Sarathi Ghosh
Supreme Court of India
Jul-09-2002
FamilyProperty
Hindu Woman's Right to Property Act, 1937 - Sections 3(3); Hindu Succession Act, 1956 - Sections 23; Partition Act, 1893 - Sections 4 and 4(1); Transfer of Property Act - Sections 44
AIR2002SC2500; 2002(4)ALD136(SC); 2002(2)BLJR1674; (SCSuppl)2002(4)CHN170; [2002(3)JCR61(SC)]; JT2002(5)SC169; (2002)3MLJ90(SC); (2002)6SCC359; [2002]SUPP1SCR45
on 12 June, 1976.Before her marriage the plaintiff no.2 had filed an application under Section 4 of the Partition Act, 1893 (for short 'the Act') Misc. Case No.21 of 1972 praying for pre- emption of the share of plaintiff … to acquire property in certain cases particularly in respect of the dwelling houses, is dealt with. The said Sections are quoted hereunder:"23. Special provisions respecting dwelling-houses Where a Hinduintestate has left surviving him or her both male
Tag this Judgment! AI Brief & AskB. Rajamma Vs. S. Ananthakrishnan Potti and ors.
Kerala
Aug-10-1990
Property
Partition Act, 1893 - Sections 4
AIR1991Ker272
was held (at page Guj 117 & 118; AIR 1980): 'On a true interpretation of Section 4 of Partition Act, 1893 we hold that the right conferred thereunder to compel a transferee of a share of a member of … shares in schedule hem No. 1 as far as possible. The learned counsel in this context relied on Section 4 of the Partition Act. 11. The question of applicability of Section 4 of the petition Act has
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