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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Court: kerala Page 1 of about 56 results (0.164 seconds)

Aug 10 1990 (HC)

B. Rajamma Vs. S. Ananthakrishnan Potti and ors.

Court : Kerala

Reported in : AIR1991Ker272

..... counsel for the appellant also relied on a full bench decision of gujarat high court in gulamrasool sarfuddin malek v. dulhanbibi (air 1980 guj 110). it 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 an ..... if she really had no other house. according to the learned counsel for the above reasons, 1st plaintiff in o.s. 283/81 is not entitled to any relief under section 4 of the partition act. learned counsel submitted that what was placed in the plaint in o.s. 283/81 and in the written statement in o.s. 432/80 is that the ..... in schedule item no. 2 and 1/5 shares each in schedule item no. 3 and defendants 4 to 11 together are entitled to 5/70 share in schedule item no. 2 and they are entitled to get their shares partitioned. it was further ordered that any of the parties can take out a commission to effect partition. there is also a direction that the ..... commissioner will effect partition of schedule item no. 1 in such a way that .....

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Feb 23 2016 (HC)

Yunus C.M., Vs. C.M. Aboobacker and Others

Court : Kerala

..... property, and especially when he is occupying the building therein as his residence, equity demands the principle of owelty to come into play under section 3 of the partition act, 1893. obviously, the learned judge took the view that section 3 of the partition act was applicable to the facts of the case, for which reliance was placed on the decision of the supreme court in badri narain ..... prasad choudhary v. nil ratan sarkar (air 1978 sc 845). a direction was issued to the trial court to ascertain the market value of the ..... order sale in public auction. 13. in antony's case (supra) the learned judge has observed: a sale among the sharers can be ordered by the court so that third parties will not outbid the sharers and acquire the property. an auction in a closed circle, namely, among the sharers, may appear to the court to be the most ideal solution ..... or shares at the price so ascertained, the applicant or applicants shall be liable to pay all costs of or incident to the application or applications. 6. in manapurath abdulla v. assiya and others (2014 (3) khc 146 = 2014 (3) klt 466) a learned single judge of this court considered a similar question. the extent of the land in that case .....

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Jul 07 2015 (HC)

K.J.Joseph Vs. Yacob Joseph

Court : Kerala

..... valuation made by the commissioner before the court below from the petitioner herein and they are not standing in the way of the petitioner for purchasing their shares also under section 3 of the partition act, based on the valuation made by the commissioner. it seems that the commissioner has valued the property with the building at 88,47,691/-. there is no subsisting ..... , who is entitled to bid the property in such a private auction by paying the shares of others based on the commissioner's valuation, under section 3 of the partition act, and that anyone of the defendants 3 to 5 are not in any way entitled to bid the property in auction and they are not expected to bid the shares of others. o.p ..... has disposed of all those ias thereby reviewing the earlier order passed by the court below for public auction, with a view to invoking the power of the court under section 3 of the partition act. the court below through ext.p10 order has ordered auction of the property among all the o.p.(c) 1774 of 2014 -:3. :- defendants. of course, it seems ..... of the order passed by the court below for public auction thereby expressing his willingness to purchase the shares of others and for getting the power of the court under section 3 of the partition act invoked. together with it, the other defendants also filed ias expressing their willingness to purchase the shares of others.3. ultimately, through ext.p10 common order, the court .....

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Jul 25 1991 (HC)

Commissioner of Income-tax Vs. Palace Fund (individual)

Court : Kerala

Reported in : [1992]196ITR505(Ker)

..... decision. the number of members entitled to a share on division would naturally be determined by the date of a division in the status of the family. section 3 of the palace fund (partition) act makes the partition contingent on the maharaja's declaration. once such a declaration is made, the supreme court held that, instantaneously, a division in status takes place entitling each ..... ? 2. whether, on the facts and in the circumstances of the case, was the tribunal right in law in finding that the enactment of section 5(iii) of the hindu succession act cannot be taken to mean that the properties under consideration belonged to the palace fund and not to the state ? 3. whether, on the facts and in the circumstances of the case ..... kerala was converted into tenancy-in-common as if a partition had taken place among all members. the effect of this act is that a partition is deemed to have taken place from december 1, 1976, onwards. section 7 of the said act repeals certain enactments. but the proclamation of 1124 and the palace fund (partition) act (act 16 of 1961) were not repealed. therefore, the cochin kovilakam ..... kovilakan estate and palace fund. the division bench accepted the contention of the revenue and came to the conclusion that the non-consideration of the effect of the palace fund (partition) act has resulted in miscarriage of justice. this court also held that the tribunal ought to have considered the scope of the said enactment and, in so far as the tribunal .....

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Jul 09 2015 (HC)

M.K.Fathima Vs. Anthru

Court : Kerala

..... to the learned counsel for the petitioner, these two recitals in the plaint will show that the plaintiff should have paid court fee under section 37(1) of the kerala court-fees and suits valuation act, 1959 ( for short ' the act').5. per contra, the learned counsel for the o.p.(c).no.1789 of 2013 3 plaintiffs/respondents contended that the entire averments in ..... petitioner. plaintiffs are the contesting respondents. an additional issue was raised in the suit at the instance of the petitioner challenging the sufficiency of court fee paid in respect of partition of money shown in d schedule to the plaint. the case of the plaintiffs is that the properties scheduled to the plaint belonged to one edavana moidu. after his death ..... a clear and specific admission that the plaintiff had been excluded from possession." 10. it is well settled that the question regarding court fee cannot be raised by a party subsequent to the start of evidence as per section 12 of the act; but that embargo does not apply to the court. it is well settled that the court can direct the concerned ..... parties to pay court fee at any time before conclusion of trial. so, i do not find any reason to interfere with the order passed by the court below, when totality .....

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Feb 09 1996 (HC)

Kandankutty and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1996Ker337

..... scheduled to the declaration. it was held that government cannot under section 52(1) of the kerala land acquisition act, withdrawn the proceedings in respect of a portion of land comprised in declaration under section 5 of the cochin land acquisition act and therefore entire acquisition proceedings will become invalid. in this case under consideration a small portion of the land was excluded from acquisition ..... may choose to claim enhanced compensation as provided under the act. the enquiry conducted after the section 6 declaration is thus limited to the nature of the respective ..... properties were split up into two groups : vacant lands and lands with buildings. accordingly enquiry relating to vacant lands was completed first after serving notice under sections 9(3) and 10. after hearing the parties award was passed in respect of those lands. thereafter award enquiry was initiated in respect of building sites. therefore, passing separate awards in respect of ..... seem to follow the same direction. an award under the land acquisition act is an offer made by the government to pay a certain amount of compensation for a well defined land acquired for public purpose. the party may accept the offer and receive the compensation; or he may accept under protest or refuse to accept the compensation and he .....

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Jul 03 2008 (HC)

Sathi Lakshmanan K.C. and anr. Vs. P.C. Mohandas and ors.

Court : Kerala

Reported in : 2008(3)KLJ190; 2008(4)KLT401

..... hands of third parties in the event of a sale as provided under section 2. considering the scope of section 2 and 3 apex court in ramamurthi v. rajeswara rao : [1973]1scr904 held:the various stages in the proceedings would be as follows under sections 2 and 3 of the partition act.1. in a suit for partition if, it appears ..... a sale at which any outsider could bid. on the facts it was held:if such a request is treated as a request under section 2, it is apparent from section 3, partition act, that if the shareholder of a smaller interest chooses be can ask for leave to buy the property at a valuation by the ..... court, and if he does not do so, then the property is to be sold under the provision of section 6 of partition act, when the plaintiff can bid for the property to ensure that a proper price is obtained for the property at that sale. in ..... in sreedharan v. bhaskaran 1963 klt 692 it was argued that court has the inherent power to sell any item of property for its equitable distribution and that right is apart from the provisions of the act and in such circumstance, the writ petition is only to be dismissed.5. the partition act (act iv of 1893) was ..... enacted to amend the law of relating to partition. the statement of objects and reasons reveals that as per the law then stood, court must give a share to each of the parties and cannot direct sale and division of the .....

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Nov 21 1967 (HC)

Parameswaran Nambudiripad Vs. Inspecting Assistant Commissioner of Agr ...

Court : Kerala

Reported in : [1969]72ITR664(Ker)

..... be assessed only as tenants-in-common under section 3(5) of the act, that it was not open to the legislature by any contrivance henceforward to make them members of a hindu undivided family, that the petitioner ceased to be the manager of an undivided family by the partition, that no income was received by ..... right of succession by survivorship. it is trite law that the filing of a suit for partition may have this effect though it may take years before the shares of the various parties are determined or partition made by metes and bounds. meanwhile the family property will belong to the members as it ..... right of succession by survivorship. it is trite law that the filing of a suit for partition may have this effect though it may take years before the shares of the various parties are determined or partition made by metes and bounds. meanwhile the family property will belong to the members as it ..... that of a neutral official charged with the recurring duty of bringing into evidence a valuation list, and he cannot properly be described as a party so as to make the proceedings lis inter partes. in coming to the conclusion that the doctrine of res judicata would not apply in such ..... citing numerous authorities, said :' it is seen from this citation of authority that if in any court of competent jurisdiction a decision is reached, a party is estopped from questioning it in a new legal proceeding. but the principle also extends to any point, whether of assumption or admission, which was in .....

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Dec 08 2011 (HC)

Rajan Vs. John

Court : Kerala

..... undertaking or applying to buy it at a valuation. the purpose underlying the section undoubtedly appears to be to prevent the property falling into the hands of third parties if that can be done in a reasonable manner. it would appear from the objects and reasons for the enactment of the partition act that as the law stood the court was bound to give a ..... these circumstances, i am not persuaded to hold that the plaint discloses the request for sale of the properties under section 2 of the partition act. we also notice that a learned single judge of the rajasthan high court in ram gopal v. bhikam chand and ors. (air 1964 raj.29) also dealt with a case of request for sale among the shareholders and as ..... in paras.64 and 66: 64. the core question which arises for our consideration is as to whether the said purported auction was held de hors the provisions of the partition act, 1893 or in accordance therewith. indisputably, the property situated at netaji subhas road, calcutta, is a double storeyed building on a land measuring 12 cottah. it is situated at a prime ..... to the other sharers, so much so, the request cannot even be permitted to be withdrawn as is clear from the decision in r. ramamurthi ayyar (dead) by l.rs. v. raja v. rajeswararao (air 1973 sc 643) (supra), in this case, such a request has not been made, as explained above. furthermore, we have already noted that the whole purpose behind .....

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Jan 20 1960 (HC)

Parvathy Amma Vs. Lakshmikutty Amma

Court : Kerala

Reported in : AIR1960Ker313

..... the plaintiff and subsequently got herself transposed as an additional plaintiff in the suit.thereafter on 12-7-1958 the additional plaintiff herself filed another application purporting to be under section 4 of the partition act for the purchase of the shares of defendants 1 and 2. she also opposed m. p. no. 2969 of 1956 filed by defendants 1 and 2. the lower ..... under section 4 and her application ought to have been allowed. this argument ignores the fact firstly there is no revision before me against the ..... partition act.2. it is now urged before me on behalf of the petitioner that the lower court erred in holding that the petitioner could not resist the defendant's claim as she was only a transferee of the rights of the stranger plaintiff pending suit. the petitioner's learned counsel relies on a decision of the calcutta high court, boto krishna v ..... 1 and 2 made the application, m. p. no. 2969 of 1956, the original stranger purchaser plaintiff was seeking to get a partition o the homestead and on that date the defendants were entitled to an order under section 4.5. another argument that is advanced before me on behalf of the petitioner is that the petitioner herself has applied on-12-7-1958 .....

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