Court : Patna
..... assets incurred or borne by the previous owner or the assessee, as the case may be.' 8. clause (iv) of section 49(1) of the act was inserted by the taxation laws (amendment) act, 1975, with effect from april 1, 1976. but it will have its application only in such cases where a coparcener has thrown his separate property ..... property of the assessee- (i) on any distribution of assets on the total or partial partition of a hindu undivided family ; (ii) under a gift or will ; (iii) (a) by succession, inheritance or devolution, or .... (iv) such assessee being a hindu undivided family, by the mode referred to in sub-section (2) of section 64 at any time after ..... (i) deals with the situation of partition of a hindu undivided family which is not the case here. clause (ii) takes into account the transfer under a gift or a will. this is also not applicable. clause (iii) provides for passing of property by succession, inheritance or devolution. reading these three words ejusdem generis, this can only .....
Tag this Judgment!Court : Patna
..... court in the case of r. kuppayee vs. rajagounder(air 200.sc 1284). it has lastly been faintly argued by the learned counsel that after the recent amendment in the hindu succession act, 1956, the plaintiff no.1 who is daughter of kailash dubey has become coparcener of kailash dubey with regard to the suit properties.6. it has not ..... the submission in this regard. the claim of the appellants to have become co-parcerners with their father kailash dubey by virtue of the amendment in hindu succession act, 1956 is equally misplaced because the said amendment has been brought in the year 2005 and much before that the gift in question had been executed and kailash dubey had died.11. ..... the trial court or the appellate court, this point was raised. it has been also accepted that the fact regarding absence of permission had been introduced by way of amendment in the plaint but from the issue framed in the suit, it appears that no issue, in this regard, has been framed. however, in view of the .....
Tag this Judgment!Court : Patna
..... on which both parties have already been heard. the substantial question of law is whether in my view the provisions of section 23 of the hindu succession act, 1956 as prior to its amendment in the year 2005, was the trial court and the appellate court correct in law in awarding a share to the plaintiff, who was a ..... could operate. but so far as the residential house is concerned, the position is slightly different. section 23 of the hindu succession act, 1956 is quoted hereunder.section 23. special provision respecting dwelling house - where a hindu intestate has left surviving him or her both male and female heirs specified in class i of the schedule and his or ..... her property includes a dwelling-house wholly occupied by members of his or her family, then notwithstanding anything contained in this act the right of any such female heir .....
Tag this Judgment!Court : Patna
..... of the trial' court and held that it was proved that hern narain pandey died some time in the year 1928, i.e. prior to coming into force of the hindu succession act, 1956 and, therefore, the defendants' mother as his daughter did not inherit the estate left by him. the defendant had, therefore no right, title and interest in the ..... with the plaintiff that of tenant and landlady, the plaintiff did not express her wish to get the question of title decided in instant suit. she did not ask amendments in the plaint nor paid ad-valorem court fee. even the title deed dated 20.6.1975, whereby she claimed to have acquired the suit house was not brought ..... for default in payment of rent by the defendant nor the plaintiff had any personal necessity of the suit house.7. in additional written statement filed by the defendant after amendment of plaint, the sale-deed dated 20.6.1975 in favour of the plaintiff was challenged as collusive, showy, fictitious and without consideration, conferring no title on the .....
Tag this Judgment!Court : Patna
..... the provisions of which are not in dari materia. the relevant part of section 417 of the 1898 code and section 378 of the present code (prior to the 2005 amendment act) are reproduced below.417.(1) subject to the provisions of sub-section (5), the state government may in any case, direct the public prosecutor to present an appeal ..... in the 1898 code there was no provision for the central government to file an appeal against acquittal. for the first time sub-section (2) introduced by the amendment act, 1955 conferred such right upon the central government but expressly use the word 'also' to make it clear that an additional right was being created in favour of ..... inadequacy of sentence.38. in this context, it is interesting to note that immediately after the decision in eknath shankarrao mukkawar's case (supra) section 377(2) was amended by act 45 of 1978 with effect from 18.12.1978 by introducing the word 'also' in between the words 'may' and 'direct' therein, for making section 377 in .....
Tag this Judgment!Court : Patna
..... of compensation in view of the fact that the insurance company is liable for compensation up to the limit of rs. 1,50,000/- in view of the motor vehicles (amendment) act, 1982.8. mr. m.y. eqbal, learned counsel appearing on behalf of the insurance company, on the other hand, has drawn my attention to a decision reported in general manager ..... for the assessment of compensation. some judgments of the high courts have justified a departure from the multiplier method on the ground that section 110-b of the motor vehicles act, 1939, in so far as it envisages the compensation to be just', the statutory determination of a 'just' compensation would unshackle the exercise from any rigid formula. it must be .....
Tag this Judgment!Court : Patna
..... petitioners case being pending before recovery officer, the said clause would be applicable. he also relied upon section 27 of the drt act, sub-sections (2) and (4) of which provided amendment and withdrawal of the said certificate and hence the scope of settlement has not yet vanished and the drt has authority under section 19(25 ..... are harmoniously considered, the petitioner would be fully entitled to avail the ots scheme of 2010 and certificate could have been amended accordingly. 9. learned counsel for the petitioner ..... ) of the drt act and rule 18 of the drt (procedure) rule, 1993. he, thus, submitted that if the scheme and the aforesaid provisions .....
Tag this Judgment!Court : Patna
..... took place.4. initially the proviso as originally inserted in clause (1) was challenged. but during the pendency of the writ application the original provision was amended as explained about. we shall presently notice the texture of the scheme excluding the second category of promoters from entering the ots scheme.5. the contention of ..... corporation, yet the ownership right remain with the corporation until such assets are transferred and vested to transferee. sub-section (2) of section 29 of the act unequivocally states that any transfer of property made by the financial corporation, in exercise of its powers under sub-section (1), shall vest in the transferee all ..... the property pledged, mortgaged, hypothecated or assigned to the financial corporation as well those industrial concerns against which action has been taken under section 29 of the act, but no attempt for transfer of such assets of the industrial unit has been made by the corporation are classified as one class and (ii) those .....
Tag this Judgment!Court : Patna
..... modify or rescind any such order in such manner as the court may deem just].22. admittedly, section 25(3) of the hindu marriage act, 1955 was amended by section 17 of the marriage laws amendment act, 1976 and under the unamended section the liability to pay maintenance was restricted to the period during which the applicant remained unmarried. after ..... , her admission in exhibit 6/b clearly suggest this fact that she has alias name as rani. therefore, it can easily be said that the husband successfully proved this fact that his wife sujata devi has alias name as rani but mere proving the aforesaid fact does not amount to proof of the factum of ..... to litigation expenses and maintenance expenses.12. on the strength of the aforesaid decisions, learned counsel appearing for the husband argued that in the instant case, husband successfully proved this fact that his wife solemnized second marriage with another man and, therefore, she is not entitled for any maintenance.13. on the other hand, learned .....
Tag this Judgment!Court : Patna
..... no knowledge about the gift deed earlier. she came to know the same in 1999 and therefore, they challenged by amending the plaint within three years from date of knowledge according to article 59 of the limitation act. therefore, the suit is not barred.15. in view of the above submissions of the parties, the following ..... it appears that the learned court below observed that there is presumption of jointness among the hindu family and since the defendant has not taken a plea that, there had been partition; the learned court below found that the plaintiff has successfully established unity of title and possession. so far this finding is concerned, it may be ..... mentioned here that no doubt there is presumption of jointness of hindu family but there is no presumption that a family because it is joint possessed, .....
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