Court : Gujarat
Reported in : AIR1997Guj121; (1996)2GLR688
..... provides about the determination of local area for the purpose of the act. section 4 deals with settlement of standard areas. section 5 deals with determination and revision of standard areas for the purpose of the act. section 6 prescribes that on notification of the standard area under section 5(3) of the act for a local area all fragments in the local area shall be entered as such in ..... ) any person unauthorizedly occupying or wrongfully in possession of any land the transfer or partition of which, either by the act of parties or by the operation of law, is void under the provisions of this act, may be summarily evicted by the collector.' this is the scheme and object of the act.6. it is a settled proposition of law that any action, transaction, decision ..... total land of 6 acres and 17 gunthas and thereby created fragment of the agricultural land which is prohibited under section 8 of the act. in case of any violation of the provisions of the act, penalty for transfer or partition contrary to the provisions act is prescribed under section 9. the proceedings were started by the col-lector, respondent no. 1, against the petitioners in 1988 pursuant .....Tag this Judgment!
Court : Gujarat
Reported in : (1966)7GLR244
..... passed on 15th june 1961, came into operation only on 1st september 1961. in section 2, sub-section (4) of the act, this is described as the 'appointed day'. section 2(5) defines a 'ceiling area' as meaning the extent of land determined under section 5 to be the ceiling area section 2, sub-section (6) defines the 'class of land' as meaning any one of four classes of lands ..... contravention of the provisions of the act, forfeiture follows; but he submits that, in the other three cases, obviously, the parties cannot be blamed as they happen to acquire surplus lands on account of either the operation of law or by exercise of the right to demand a partition or by the change of character of the land from exempted to non-exempted ..... land. mr. nanavati contends that inasmuch as no distinct provision has been made forbidding acquisition of land by succession, partition ..... or conversion of exempted lands into non-exempted lands, a provision has been made under section 26 of the act for dealing with such cases and such cases are dealt with exactly in the same manner as cases of ordinary surplus lands .....Tag this Judgment!
Court : Gujarat
Reported in : (1977)18GLR257
..... that behalf. the relevant law is the partition act, 1893 to the provisions of which i will immediately advert.9. the partition act was enacted to amend the law relating to parti tion. sections 2 and 3 are as follows:2. whenever in any suit for partition in which, if instituted prior to the commencement of this act, a decree for partition might have been made, it appears to ..... partition if, it appears to the court that for the reasons stated in section 2 a division of the ..... that the partition act was enacted with a view to meeting situations such as those which are found in the present case and the act, under the sections cited above, confers an independent authority on the court to meet with such difficult situations.10. the provisions of sections 2 and 3 of the partition act fell for con struction before the supreme court in r. ramamurthi v. rajeshwarrao : ..... 1scr904 . analysing those two sections it was pointed out that the various stages under sections 2 and 3 would be as follows:1. in a suit for .....Tag this Judgment!
Court : Gujarat
Reported in : (1981)22GLR1246
..... it had become functus officio, that situation would be with reference to the provisions of section 54 and order xx, rule 18(1) only. the power which the court derives under section 2 of the partition act would be an independent and distinct power to do complete justice between the parties and to give effect to its own final decree. there is no question whatsoever of ..... proceeds thereof in accordance with the respective shares of the parties. while coming to this conclusion, shelat, c.j. followed with approval the observations of venkatasumma rao, j. in subbamma v. veerapa air 1932 madras 15. those observations are:it is well to bear in mind in this connection that independent of the partition act the court has an inherent power to refuse to ..... /- only. his argument centered round the provisions of order 20, rule 18 of the code of civil procedure, 1908 (hereinafter referred to as 'the code') and the partition act, 1893 (hereinafter referred to as 'the act') and submitted that it was not open for the courts below, firstly to direct the plaintiff to lose the right in the properties and to be satisfied by ..... property jointly and also that the plaintiff had 1/7th share in the immovable property and 1/2 share in the movable proper ties, as ordered by the trial court.5. mr. s.h. sanjanwala, learned advocate appearing for the appellant-plaintiff, submitted before me that the courts below have committed a mistake in awarding an amount of rs. 1,000 .....Tag this Judgment!
Court : Gujarat
Reported in : (1985)2GLR658
..... is against the intent and purport of section 8(1).section 8(3) of the agricultural lands ceiling act in terms provides that on receipt of an application under section 8(2) the collector shall hold an inquiry and after giving an opportunity to the transferor and the transferee or, as the case may be, to the parties to the partition, to be heard and after considering ..... , the word 'transfer' would include even agreement to sell wherein the possession of the land is parted in favour of purchaser.5. even under section 7 of the agricultural lands ceiling act the legislature has used the word 'transfer' in a broader sense. section 7 provided that notwithstanding anything contained in any law for the time being in force, no land shall, after the appointed ..... expression 'property cannot be transferred or otherwise dealt with by any party' used in section 52 of the transfer of property act. the court held that delivery of possession of land would be otherwise dealing with the property which is prohibited under section 52 of the transfer of property act.in the case of kubra bibi v. khudaija bibi a.i.r. 1917 oudh 193. the court ..... property after the institution of the suit in which the decree was passed or to the dispossession of any such person, the madras high court in the case of kangasabhai v. poornathammal a.i.r. 1947 madras 458, had held that the 'words 'transferred the property' should be understood in a wide sense so as to include both 'transfer of title .....Tag this Judgment!
Court : Gujarat
Reported in : (1993)2GLR1100
..... called upon to decide the question of validity of definition of the word 'family' as contained in section 2(f) of the said act, while upholding the said definition as constitutionally valid, y.v. chandrachud, c.j. held mat the definition of 'family' as contained in section 2(f) which in relation to a person means the individual, the wife or husband, as the ..... required to be filed. the competent authority did not mention anything about second son of hargovindbhai, namely, dinesh who was minor on the date on which the act came into force.(v) as regards holding of chimanbhai (petitioner no. 2) the competent authority found that his total holding was 3116. 50 sq. mts. the competent authority found that the petitioner no. 2 ..... notional partition of the members of the family on the date of coming into force of the said act. in that view of the matter, i am of the opinion that the submission made by mr. vyas cannot be accepted and it shall have to be held that the state government was justified in reviewing the order passed by the competent authority under section ..... which is noticed by the state government the order passed by the state government should be upheld.5. in order to appreciate the rival contentions of the parties, it is necessary to make reference to some of the provisions of the act. the urban land (ceiling & regulation) act, 1976 came to be passed by the parliament for the imposition of ceiling on vacant land .....Tag this Judgment!
Court : Gujarat
Reported in : (1983)1GLR32; 51STC115(Guj)
..... can be withdrawn by the plaintiff after he has himself requested for a sale under section 2 of the partition act and the defendant has applied to the court for leave to buy at a valuation the share of the plaintiff under section 3 and thereby acquired an advantage or privilege. in that view of the matter ..... rejecting the said application, the calcutta high court observed as follows : 'there does not appear to be any provision in the income-tax act under which a party who has caused a reference to be made can be allowed to withdraw it after the tribunal has made a reference to this court. a ..... defendant had come into existence at the point of time when withdrawal was sought. 14. in r. ramamurthi aiyar v. rajeswararao : 1scr904 the suit was for partition of a cinema which the parties owned in equal shares. one of the prayers in the suit was that the court in exercise of its ..... to defeating, in some sort, a vested right, if any, which has come into existence in favour of the other party. 19. a contrary view appears to have been taken in karnani industrial bank ltd. v. commissioner of income-tax, west bengal : 30itr16(cal) . in that case, the reference was made at ..... circumstances, and for that purpose, to afford a hearing to the party-opponent. in support of this submission, mr. pathak invoked the aid of the decisions in karnani industrial bank ltd. v. commissioner of income-tax : 30itr16(cal) and k. ch. venkataratnam v. commissioner of gift-tax : 95itr277(ap) . 2. .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1980Guj110
..... with the majority of the high courts in india. the question referred 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 undivided family ..... bench proceeded to observe that this dual capacity of a party in a partition suit does not preclude even a defendant who claims a share into a dwelling house from being treated as plaintiff for the purposes of section 4 of the partition act. the decision rendered by the bombay high court earlier in ..... . this will become evident from the following passage extracted from paragraph (8) of the judgment:-'it is a well established principle that a party to a partition suit, whether plaintiff or defendant, is for many purposes at the same time a plaintiff as well as a defendant; and it has ..... bench consisting of suhrawardhy and jack, jj. the division bench sought support from the well-known principle that a party in a partition suit whether a plaintiff or a defendant, is at ..... prosecution or defence of the case. (4) in a suit for partition every party, is in the position of a plaintiff. the earliest decision which has subscribed to this point of view is that--of the calcutta high court in satyabfiima v. jatindra mohan : air1929cal269 . the matter came up before a division .....Tag this Judgment!
Court : Gujarat
Reported in : 100ITR577(Guj)
..... given by the high court of bombay in kisansing mohansing balwar v. vishnu balkrishna jogalekar and held that the disbursement in question amounted to partition and, therefore, it did not amount to a gift contemplated by section 10 of the estate duty act. the tribunal, therefore, concluded that so far as this amount ..... the accountable person, contended that if the account entry which is posted by the deceased in his personal account furnishes satisfactory evidence about the partition, then the antecedent step such as blending his self-acquired property with the family property by the deceased should be presumed to have come into ..... real nature of the transaction, it is not always necessary to confine one's attention merely to the actual wordings which are used by the parties at the relevant time. it is the real substance of the transaction which should be taken into account. if the deceased wanted to distribute ..... that the partnership business which was to come into existence from the next year should be saddled with the liabilities of these two amounts. under these circumstances, even the setting apart of these two amounts is not found inconsistent with the theory of gift. 11. from the above ..... to come into existence on the next day, the transaction would necessarily be a single transaction which would be entered into on the same day. under the circumstances, the fact that the distribution constituted a single transaction on the same day, is also not potent enough to exclude the theory .....Tag this Judgment!
Court : Gujarat
Reported in : (2005)3GLR1852
..... case of govindsingh v. g. subbarao [supra] has prescribed the procedure in detail to be followed by the collector. it ..... possession of any land, the transfer or partition of which, either by the act of parties or by the operation of law, is void under the provisions of this act, may be summarily evicted by the collector.'chapter iii of the act deals with procedure for consolidation. section 35 of the act confers revisional power on state government. it is as under :-'35. power of state government to call ..... on the owner of the land as per sub-section (2) and the summary eviction of the unauthorized occupant or a person in wrongful possession of the land in question on account of any transfer or partition either by the act of parties or by operation of law. though specifically it is not provided for, under section 9 the division bench of this court in the ..... .] has held that when the transfer or partition of any land is made contrary to the provisions of the act, it is void as declared under section 9(1) of the act and as a result the collector has to take further action as prescribed under section 9(2) and (3) of the act. in yet another case, namely patel jividas trikamdas v. district collector reported in 1996 (2 .....Tag this Judgment!