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Shah Tajmul Ali and anr. Vs. Kamala Ranjan Roy

Court : Kolkata

Subject : Civil

Reported in : AIR1936Cal138

Manager of the Court of Wards, for a declaration that certain proceedings purported to have been taken under the Estates Partition Act (Act 5 of 1897 B. C.) are void from a particular point of time and that every thing … on a construction of Sub-section 57, 58 and 59, and Sub-section 90 and 113, Estates Partition Act. Under Section 58 of the Act the Deputy Collector submitted the papers to the Collector for the sanction of the

Kuppu Alias Kuppammal Vs. Kuppuswami Mandiri and ors.

Court : Chennai

Subject : FamilyProperty

Reported in : (1984)2MLJ224

Act 30 of 1956. The 1st defendant filed a suit O.S. No. 59 of 1963 on the file of the trial court for partition claiming … contending as follows: Beeki Mandiri and Ramasami Mandiri became divided as early as 1943 both in status and estate by means of a koorchit dt. 7-10-1943. About two years after the partition, Ramasami died. Thereafter, the plaintiff's … learned Counsel for the respondents herein also refers to the provisions of Section 6 of the General Clauses Act, 1897 dealing with the effect of repeal of an enactment.18. The provisions of the Hindu Women's Rights to Property

Anil Kumar Biswas and ors. Vs. Rash Mohan Saha and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1924Cal245,81Ind.Cas.29

go into the question of the correctness of the orders passed in the partition proceedings.7. Section 119 of the Estates Partition Act (V of 1897) provides that no order made under certain sections and Chapters of the Act including Chap. … think proper.(a) approving the partition, with or without amendments.' It is unnecessary to refer to the other clauses.10. Section 59 provides : 'When the partition has been approved by the Collector, the Deputy Collector shall, after making such

Maganti Veerabhadrayya Vs. Sree Rajah Bommadevara Naganna Nayudu Bahad ...

Court : Chennai

Subject : Property

Reported in : (1927)52MLJ38

1st defendant's claim to permanent right of occupancy in them is based on Clause 1, Section 6 of the Estates Land Act and for that clause to apply the land.must be a 'ryoti land not being old waste'. … have made so far, I have dealt with these lands till the year 1895. In 1896 began the partition suit between the North and the South Vallur Zamindars. A Receiver was appointed by Court and all the … a period of twenty years, that is, from the year 1878 to 1897. These are statements relating to collection and arrears of revenue maintained by … extent of the village: Acres 3112.29. 508.77 Poramboke (burial grounds, tanks, etc.) 597.73 Banjar or waste 122.38 Kamatam 8.87 Dumbala Inam 149.13 Inams and Sarva

Katreddi Ramiah and anr. Vs. Kadiyala Venkata Subbamma and ors.

Court : Chennai

Subject : FamilyProperty

Reported in : AIR1926Mad434; 94Ind.Cas.83; (1926)50MLJ308

is called 'An Act to provide for the grant of Probates of Wills and Letters of Administration to the estates of certain deceased persons.' And the preamble runs as follows: 'Whereas it is expedient to provide for the … to the death of the testator, or, in the alternative, for a partition and delivery over to them of their shares in the estate of … executor could always sell personalty in order to pay debts, and since 1897 he can sell, lease, or mortgage reality for that purpose (vide pages … the death of the testator and all intermediate acts of the testator will not be rendered valid. In Section 59, it is provided that probate or letters of administration shall have effect over all the property, moveable or

Manager, Valia Amma Thampuran Kovilakam Estate Vs. Agricultural Income ...

Court : Kerala

Subject : Direct Taxation

Reported in : [1968]69ITR304(Ker)

Estate has now been partitioned under the provisions of the Valiamma Thampuran Kovilakam Estate, and the Palace Fund (Partition) Act. 1961, and a document of partition has been executed on June 24, 1963. The period to which exhibit … was different from 'repeal' and, therefore, would not attract the provisions of section 24 of the General Clauses Act, 1897 (Central Act 10 of 1997), or the corresponding provision in section 22 of the Cochin General Clauses Act. … agricultural income-tax is founded on exhibit P-1 notification dated 5-5-1112 (17th December, 1936), issued under the provisions of section 59 of the Cochin Income-tax Act VIII of 1108. The said notification reads as follows :'No. 26. Under section … Agricultural Income-tax Act, 1950, of the properties of the Valiamma Thampuran Kovilakam Estate, known compendiously as the V.T.K. Estate. It is agreed that the properties

M.T. Joseph and ors. Vs. State of Kerala and ors.

Court : Kerala

Subject : PropertyConstitution

Acts : Kerala Land Reforms Act, 1964 - Sections 81(1), 84, 84(1), 85(2), 88(1A) and 88(5); Kerala Land Reforms (Amendment) Act, 1972; Constitution of India - Articles 31A and 226

Reported in : AIR1974Ker28

in respect of such lands, it was said, cannot be regarded as a law relating to acauisiton of estates. The argument was, that whatever may be the position in regard to acquisition etc. of Government lands, held … Reforms Bill, 1963, in the Gazette, otherwise than (i) by way of partition: or (ii) on account of natural love and affection: or (iii) in … is not defined in the Constitution. But by reason of Article 367 of the Constitution, the General Clauses Act 1897 is made applicable to the interpretation of the Provisions ofConstitution. That Act again does not define 'land'. But … I may reproduce the relevant portions of Clauses (a) and (1) of Section 81 as they stood prior to 1-1-197.0.'81. Exemptions -- (1) The provisions

Ram Das Rae and ors. Vs. Brindaban Ram

Court : Allahabad

Subject : Property

Reported in : AIR1931All113; 129Ind.Cas.719

in the proprietary column in place of the vendors. (3) In the partition proceedings in the revenue Court, the plaintiffs or their pre-decessors-in-title neither repudiated … that the document exactly fulfilled the requirements of the definition of a mortgage by conditional sale given in Section 59, Clause (c), T. P. Act. The document in question was dated 23rd March 1871. Reference was made to … noticed in detail.21. In Bal Kishan Das v. Legge [1900] 22 All. 149, Legge purported to sell his estate to his former creditors, namely Balkishan Das and another, for Rs. 1,50,000. Part of the sale consideration .

Rajah D.K. Thimmanayanim Bahadur Varu, Rajah of Kalahasti and ors. Vs. ...

Court : Chennai

Subject : FamilyProperty

Reported in : AIR1928Mad713

to his other sons. In 1890 the second son Timma filed a suit against Rajah Muthu Venkatappa for partition of the estate alleging that it was joint family property and not an impartible estate. This suit was … her husband's will and under the decree in O.S. No. 15 of 1897, a suit brought to enforce the terms of the will.3. In the … Phillips, Offg. C.J.1. All these appeals relate to the recovery of allowances payable out of the Kalahasti estate. Appeals Nos. 28, 39 and 387 are from O.S. No. 50 of 1916 and 58, 69 and 70 … in evidence for want of registration under the provisions of the Registration Act. Under Section 17 (2) (vi) of that Act a decree or order … v. Govinda Doss Krishna Doss A.I.R. 1921 Mad. 599, that a partial transfer of a decree is

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 … 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 … Singh 58 Ind. Cas. 171 : 43 A. 596 : 18 A.L.J. 807 : 2 U.P.L.R. (A.)