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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Year: 1954 Page 1 of about 9 results (0.384 seconds)

Dec 22 1954 (HC)

Haradhone Haldar Vs. Usha Charan Karmakar and ors.

Court : Kolkata

Decided on : Dec-22-1954

Reported in : AIR1955Cal292

..... are the only points, requiring consideration in this appeal. 5. before taking up the two points, enumerated above, i ought to mention here that the plaintiff's first prayer for declaration and injunction has been refused by the lower courts and his suit has succeeded only on his alternative prayer under section 4, partition act. as the plaintiff is making no protest and as the ..... fully achieved -- if the narrower interpretation is adopted. the language again, though not quite happy, is not altogether incapable of a widermeaning. the section refers to a suit for partition and it is well known that a party in a partition suit, whether a plaintiff or a defendant, is at the same time a plaintiff as well as a defendant. this dual capacity arises ..... speaking', those words mean 'to bring actions' and refer to the plaintiff, they 'may be applied' indifferently either to the plaintiff or to the defendant, for the suit of one party or of the other must be followed'. the wider interpretation, suggested above, thus sufficiently satisfies the plain literal test as well and the rule of strict grammatical construction does not ..... from the very nature of a partition proceeding where each party who is a co-sharer or 'share-holder', be he in the category of the plaintiff or of the defendant, is entitled to ask for partition of his share and separate allotment. it will, therefore, be not very inappropriate to speak of .....

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Sep 24 1954 (HC)

Gangadhar Rout and anr. Vs. Subhashini Bewa and ors.

Court : Orissa

Decided on : Sep-24-1954

Reported in : AIR1955Ori135

..... share would be liable to fluctuations and that the share would be determined when partition takes place.'42. in the case of -- 'gangabai v. sm. parmesharibai', air 1949 sind 5 (u), it was held by a division bench of the sind high court that under s 3(2) of the act a hindu widow's interest in her husband's coparcenary estate, so long as ..... of the joint hindu family and, as such, can be represented by the karta in proceedings in court. she has the same interest in the property, subject to sub-section (3) of section 3 as the last male owner had. her interest is, therefore, liable to fluctuation by variations in the number of coparceners. her interest is a limited one of the ..... husband's brother but by inheritanceto ner husband's heirs.but reuben j. who was a party to the decision in air 1945 pat 116 (h) observes in his judgment as follows:'to sum up, the weight of judicial opinion appears to be that under the act the widow succeeds not by survivorship but by inheritance or 'something akin theretd'.' (his lordship does ..... could take ahare in the family property as it existed at the timeher suit.8. in a suit for partition the court has to ascertain who the parties are that are entitled to a share, besides determining the assets and liabilities available for partition. the plaintiff's rights have got to be determined on a consideration of both the factors. i would, therefore .....

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Apr 15 1954 (HC)

L. Baij Nath Vs. Commissioner of Income-tax, U. P. and Ajmer-merwarA.

Court : Allahabad

Decided on : Apr-15-1954

Reported in : [1954]26ITR324(All)

..... family, must be proved to have been divided between the various members before the assessee could get an order in his favour under section 25a(1) of the act and partial partition or mere division of status was not the amending act of 1939 the words 'that a separation of the members of the family has taken place and' were omitted. it was ..... be treated as a hindu undivided family till such time as an order under section 25a was obtained and as it was not shown by the assessee that actual partition of the joint family property had taken place under the order of the civil judge, no order under section 25a(1) could be passed.5. the assessee appealed against the order to the appellate assistant commissioner, who ..... ) whether the accepting of the application made under section 25a was justified in law, holding that either there was no hindu undivided family during the previous yea ?(5) or the alleged hindu undivided family ceased to exist when it was disrupted by the order of the civil judge dated 22nd september, 1941, wherein definite shares of the parties were define ?7. the commissioner in ..... his reply filed under rules 53 and 54 of the appellate tribunal rules contended that .....

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Aug 12 1954 (HC)

Kaveri and ors. Vs. Ganga Ratna and ors.

Court : Chennai

Decided on : Aug-12-1954

Reported in : (1956)1MLJ98

..... in the documents restraining alienation which will be a circumstance showing the intention of the parties not to disrupt the family corporation, though if this were to be considered as a partition deed such restraints on alienation would be void under section 10 of the transfer of property act. mudara v. mulhu hengsu : air1935mad33 . sixthly, only a life estate is given to padmanabha ..... in extenso as in my view sub-section (6) of section 36 statutorily has converted exhibit b-i into an outright partition. sub-section (6) of section 36 of the act runs as follows:a registered family settlement (by whatever name called) or an award to which all the major members of a kutumba are parties and under which the whole of the kutumba properties ..... the d schedule properties should be construed as properties remaining undistributed and therefore inasmuch as there was no exhaustion of the distribution of all the kutumba properties under this arrangement, this would not become a partition under section 36(6) of the aliyasantana act, 1949. therefore we have got to see whether there was an absolute dedication or a family trust created ..... is an independent power of disposition which is inconsistent with joint status. it need hardly be said that after partition the karnavan of the whole family can no longer represent the divided branches and any sale in execution without proper representation of the branches by their own karnavans would not bind sometimes happens that while some properties are .....

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Oct 28 1954 (HC)

In Re: Reference Under Section 5, Court-fees Act

Court : Mumbai

Decided on : Oct-28-1954

Reported in : AIR1955Bom287; (1955)57BOMLR180; ILR1955Bom530

..... were rs. 18-12-0 and that was on assumption that suits for partition by a coparcener when he is in constructive possession of joint family property fall under sch. ii, article 17 (vii), court-fees act. at one time this court had taken the view that suits for partition fell under section 7(v) and the court-fees must be paid on an 'ad valorem' basis ..... 1. this is a reference made to me under section 5, court-fees act by the taxing officer, appellate side, of this court. it raises a very interesting and important question as to whether a certain provision of bombay act 12 of 1954 is retrospective. the question that i have to decide is, what are the proper court-fees to be paid by the appellant in ..... the appellant than before, the legislation which imposes this heavier burden is not a legislation that regulates the proceedings of the court, but interferes with the substantive right of the party with regard to his appeal.10. mr; dcsai has also contended that it is always open to the legislature to increase the court-fees and to permit an appeal only ..... amendment of the court-fees act, by which a right of appeal was created against the decision of the court as to what were the proper court-fees payable, was a procedural law or it affected any vested right of the parties, and what the allahabad high court held was that the right of appeal given under the amended section was a part of .....

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Feb 11 1954 (HC)

In Re: Maddela Yerra Channugadu and ors.

Court : Chennai

Decided on : Feb-11-1954

Reported in : AIR1954Mad911

..... case there is no interference with the power of the court and therefore the court still has got the power to enquire into the validity of the conviction or sentence.5. section 401, criminal p. c. has been enacted at a time when the right of reprieve, mercy or pardon, had been vested in the british crown, and the governor general or ..... offender is as innocent as if he had never committed the offence. if granted before conviction, it prevents any of the penalties and disabilities, consequent upon conviction, from attaching; if granted after conviction it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit ..... resume regarding the effect of the leading decisions of the united states supreme court interpreting section 2 of article ii would therefore clearly show that in republican countries like ours, where under a written constitution the head of the state is given authority by means of an executive act to tender pardons and reprieves, those functions can be exercised even before conviction.that ..... disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity.'21. '(1914) 59 law ed 476 (e)' also throws some light on this matter. i need not refer to the principles laid down therein as they do not carry us any further. in -- 'united states v .....

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Sep 23 1954 (HC)

Manipuzha Illath Sankaram Namboodiri and ors. Vs. Manipuzha Illath Mad ...

Court : Chennai

Decided on : Sep-23-1954

Reported in : AIR1955Mad579

..... embrandiris.4. it makes of course a substantial difference in partition whether the parties are embrandiris, who are governed by mitakshara law, or are nambudiris entitled to partition under the nambudiri act of 1933. prior to this latter act there was no right of partition amongst nambudiris except by consent of all members of the illam ..... by going and settling in another country. . in that decision reliance was placed on an observation of sankaran nair j. in -- 'muthuswami mudaliar v. masilamani', 33 mad 342 (e), that it was open to a hindu who was governed by one law of inheritance to accept another law of ..... 1918 some embrandiris brahmins called themselves also nambudiris. so long ago as 1884, collins c. j. and muthuswami aiyar j. held in -- 'vasudevan v. secretary of state', 11 mad 157 (a), that nambudiri brabmans were governed by hindu law as modified by special customs adopted by them sinee their ..... 1 for his immediate illam of three members will get only 3/25th, & the other defendants each l/25th. the difference therefore is substantial.5. before determining the personal law, which governed this family, we may first dispose of the plaintiffs' claim to a share in b and c ..... how it is open to us to convert forcibly a section of an embrandiri family into nanibudiris against their will at the instance of another section, merely on the basis that the whole family agreed in 1918 to call themselves -- . 'venkataraman v. janaki air 1939 mad 595 (d), venkataramana rao .....

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Sep 08 1954 (HC)

Kalathooru Raghavareddi Vs. Kalathooru Venkataredii and ors.

Court : Andhra Pradesh

Decided on : Sep-08-1954

Reported in : AIR1955AP22

..... allowed. if the award was invalid, the legal position would be, as held by the full bench in -- 'ramayya v. achamma', air 1944 mad 550 (c) that there was no partition at all & the party relying upon an invalid partition should bring a suit for partition on the basis of co-ownership. this suit for a declaration that the plaintiffs are entitled to a specific ..... held that as the defendants admitted that an award was made, whereunder the suit property was allotted to the plaintiffs' share, the plaintiffs need not prove the award, or the partition effected under the award. in that view, he set aside the decree of the trial court and gave a decree to the plaintiffs. hence the second appeal.(2) mr. satyanarayana raju ..... do not see how the plaintiffs can get a decree on the basis of an invalid award. a combined reading of s. 17 and s. 49, registration act clearly shown that an unregistered partition deed or an award cannot. affect any immovable property comprised therein. it is not a question of admissibility of a document. the non-registration invalidates the transaction altogether ..... chettiar'. air 1947 mad 422 (a) and -- 'alimane sahib v. subbarayudu', air 1932 mad 693 (b), it was held that when the execution of a promissory note is accepted in the written statement, s. 58, evidence act, enables the plaintiff to get a decree without further proof. in these cases, after the execution of the promissory note was admitted, objection was raised .....

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Oct 13 1954 (SC)

Saghir Ahmad Vs. the State of U.P. and ors.

Court : Supreme Court of India

Decided on : Oct-13-1954

Reported in : AIR1954SC728; (1954)IIMLJ622(SC); [1955]1SCR707

..... and four judgments were delivered dealing with various questions that were raised by the parties. a majority of the judges expressed the opinion that the state, purporting to act under section 42(3) of the motor vehicles acts, could not discriminate against other persons in their own favour and that the sub-section, in so far as it purports to exempt state transport buses from the ..... in accordance with the above declaration and objections to such scheme can be made by interested persons in the manner laid down in section 5. as soon as the scheme in finalised, certain consequences follow which are detailed in section 7. so long as the scheme continues in force, the state government shall have the exclusive right to operate road transport services, ..... this view and made a distinction between 'regulation' and 'restriction'. in the opinion of the learned judges the observations of lord davey in municipal corporation of the city of toronto v. virgo (supra) referred to above could be distinguished on the ground that the expression used in that article was not 'restriction' but 'regulation' and 'governing'. it is said that ..... a very thin and attenuated form - of the thing upon which the restrictions were imposed. kania c.j. in his judgment (vide page 106) expressly said : 'therefore article 19(5) cannot apply to a substantive law depriving a citizen of personal liberty. i am unable to accept the contention that the word 'deprivation' includes within its scope 'restriction' when interpreting .....

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Jan 28 1954 (HC)

Bhaskaran Thirumulpad and ors. Vs. Kavunni Thirumulpad and ors.

Court : Chennai

Decided on : Jan-28-1954

Reported in : AIR1954Mad987; (1954)IIMLJ294

..... the various respondents expressed their willingness to abide by the said partition. by reason of our aforesaid findings it is not disputed that the partition should have ..... property by the wife, her sons and daughters by such person and the lineal descendants of such daughters in the female line : provided that in the event of partition or the property taking place under chap. vi, the property shall be divided on the stirpital principle, the wife being entitled to a share equal to that of a son or daughter,' 4 ..... , by necessary implication, shows that the section must be applied retrospectively. there, the learned judges held that the right to partition provided therein cannot be claimed by a person in whose case the other party to the union died before the act came into force and there was no legalised marriage. in -- 'thath amma v. than-kappa', air 1947 mad 137 (b), a division bench ..... is not the concern of the defendants. the suit is, therefore, maintainable.22. the learned counsel for the respondents then argues that the entire partition effected between the parties under ex. b. 31 need not be reopened, for the parties to the document other than the plaintiffs have neither questioned it nor have they any grievance in respect of it. the advocates appearing for .....

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