Court : Kolkata
Decided on : Aug-08-1967
Reported in : AIR1969Cal59,72CWN299
..... the parties or co-owners only.3. the importance is because of certain provisions in the partition act 1893 and also of certain decisions of this court.4. the premises forming subject-matter of the suit, 24, guruprosad chowdhury lane, calcutta are owned by several sharers. the real importance of this matter is whether the court in directing a sale under section 2 of the partition act 1893 is ..... between the english partition act and our partition act. to illustrate, section 3 of the english partition act contains a provision to the effect that if it appears to the court that by reason of the nature of the property to which the suit relates, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of ..... sought to have sale while owners of thirteen sixteenths objected to a sale. under the english partition act any party could ask for a sale under section 3 of the english act. section 4 of the english act provided that one half or more of the owners could ask for sale. section 5 of the english act enacted that if any opposing party undertook to buy at a valuation the interest of the .....Tag this Judgment!
Court : Kolkata
Decided on : May-19-1967
Reported in : AIR1969Cal88
..... second appeal has been filed by the plaintiffs, who press their claim for pre-emption under section 4 of the partition act and challenge the findings and the decision of the lower ..... was modified by disallowing the plaintiffs' claim under section 4 of the partition act and giving them, in lieu thereof, only a decree for partition to be worked out in the ordinary way by a commissioner by allotment of the disputed property to the parties in accordance with their shares, keeping in view their present possession.5. from this appellate decree, the present ..... ' family. thereafter, the suit proceeded for some time and, eventually, on september 22, 1959, there was a specific application for pre-emption under section 4 of the partition act, mentioning all the requirements under the said section.3. the learned trial judge, after finding that the plaintiffs had l/3rd share in the disputed property and the defendant the remaining 2/3rds ..... suit, brought themselves within the category of persons, entitled to claim pre-emption under the above section 4 of the partition act (vide botokrishna ghose v. akhoy kumar ghose : air1950cal111 ). 12. it is also well settled in this court that the above statutory provision (section 4 of the partition act) applies not only in the case of a suit by the stranger purchaser as .....Tag this Judgment!
Court : Kolkata
Decided on : May-23-1967
Reported in : AIR1968Cal245
..... no further consideration and the point is overruled.3. we now come to the real question as to whether the petition under section 4 of the partition act should be allowed. section 4(1) of the partition act is as follows:'where a share of a dwelling-house belonging to an undivided family has been transferred to a person ..... next been referred to a decision reported in : air1953cal259 dulal chandra chatterjee v. gosto behari mitra where it has been held that family dwelling house does not cease to be so within the meaning of section 4(1) of the partition act simply because it is let not to tenant of the ordinary kind. the ..... of 13' x 10' to the immediate north of the municipal drain, be sold in terms of section 4 of the partition act. with regard to the afore-said block, 'a' there may be a partition if the parties so desire and the trial court will pass further orders. we have held that block 'a' is ..... if those parts be detached from the residential portion.6. we have next been referred to 60 cal wn 871 in case of ganga dutt murarka v. bibhabeti debi. here also their lordships relied upon the aforesaid decision in 12 cal lj 325. the facts were that there were different premises and ..... the meaning of the word 'dwelling house' has been considered in a large number of decisions. sir asutosh mukherjee in 12 cal lj 525, kshirode chunder ghosal v. saroda prosad mitra, deduced the meaning of the term 'house' from various cases both english and indian and that meaning is as follows:'the term 'house .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-02-1967
Reported in : AIR1968Kant216; AIR1968Mys216; (1968)1MysLJ599
..... capable of being attached and sold in execution. but where an undivided member or members did not constitute a kavaru or were not entitled to demand a partition under section 35 of the madras act, his or their undivided interest in kutumba properties could not be attached or sold in execution.(30a) the learned advocate-general contended that no member not ..... kavaru also takes absolute interest in the properties allotted to it. sub-section (4) of section 36 provides that the life interest taken by a nissanthathi kavaru at a partition shall enlarge into absolute interest, if the aforesaid two conditions cease to exist subsequently. sub-section (5) of section 36 provides that where a nissanthathi kavaru takes only a life interest in ..... to mr. karanth, the changes brought about by the provisions of the mysore act cannot be regarded as 'reasonable restrictions' as understood in clause (5) of art.19.(52) the statement of object and reasons annexed to the madras aliyasantana (mysore amendment) bill, 1961, reads:'representations have been received from the jains governed by the aliyasantana law that the provisions ..... of the madras aliyasantana act, 1949, should be amended to enable the members of a .....Tag this Judgment!
Court : Kerala
Decided on : Nov-21-1967
Reported in : 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 .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-12-1967
Reported in : 65ITR19(KAR); 65ITR19(Karn)
..... , with respect, that the incidental observation that the matter would fall under section 4(d) is difficult of acceptance. even assuming, without conceding, that blending may be regarded as an act of a person absolutely entitled to property whereby he causes it to be vested in himself and others jointly, a partition being not a transaction involving any transfer but a readjustment of pre ..... and to increase the value of the property of the done, and the securing of that result by a transfer of property, not to the done, but to a third party, subject to terms intended to secure the enjoyment of the intended benefit by the done. 21. we are therefore clearly of the opinion that even sub-clause (d) of clause ..... j. delivering the judgment of the court, quoted with approval the following passage from the judgment of a bench of the madras high court reported as subramania iyer v. commissioner of income-tax 'under the hindu law there is no necessity for joint family property to exist in order that there may be a joint family. the assessee and his son undoubtedly ..... the done. 19. that such is the correct view also receives support from the discussion of the principle contained in a ruling of the high court of australia in grimwade v. federal commissioner of taxation. in that case, one grimwade, who held all but five shares described as class 'a' shares in a company which alone had the right of voting .....Tag this Judgment!
Court : Chennai
Decided on : Jul-19-1967
Reported in : (1968)1MLJ406
..... under section 10(3)(c) of the act while it was originally one filed under section ..... petition is dismissed.5. the last observations ..... c), sub-section (3) of section 10 also, ..... be viewed as one under section 10(3)(c) ..... of eviction under section 10(3)(a)(iii ..... landlord applies again under the same clause ..... proviso to sub-section (3)(a) ..... as one under section 10(3)( ..... under section 10(3)(c) of madras act xviii ..... of sub-section (3) of section 10 covers ..... appeal under the provisions of the act. ..... section (3)(a) or clause (c) of that sub-section ..... under this provision, he is debarred from applying again under ..... under section 10(3)(c)(iii) of the act.3 ..... section 10(3)(c). on behalf of the respondent, attention is also invited to clause (ii) of the second proviso to sub-section 3(a) of section ..... act, 1960. subsequently, when the law was amended and the tenancy of my coffee bar came within the purview of the act ..... that very clause for eviction of a tenant from another non-residential building of its own. the various clauses of section ..... section 10(3)(a). this is not a case where the petitioner has obtained possession of the whole or part of a non-residential building under section 10(3)(a)(iii) and applied again under ..... 10 will have to be read and understood in the context of each other and a comparison of clause (a) and (c) of sub-section (3) of section .....Tag this Judgment!
Court : Chennai
Decided on : Jul-19-1967
Reported in : (1968)2MLJ117
..... under section 10 (3) (c) of the act while it was originally one filed under section ..... for all.5. there is ..... of sub-section (3) of section 10 also, ..... be viewed as one under section 10 (3) (c] ..... an order of eviction under section 10 (3) (a) ..... applies again under the same clause ..... proviso to sub-section (3) (a ..... be regarded as one under section 10 (3) (c ..... under section 10 (3) (c) of madras act ..... of sub-section (3) of section 10 ..... appeal under the provisions of the act. ..... section (3) (a) or clause (c) of that sub-section ..... under this provision, he is debarred from applying again under ..... under section 10 (3) (c) (iii) of the act ..... section 10 (3) (c). on behalf of the respondent, attention is also invited to clause (ii) of the second proviso to sub-section (3) (a) of section ..... act, 1960. subsequently when the law was amended and the tenancy of my coffee bar came within the purview of the act ..... that very clause for eviction of a tenant from another non-residential building of its own. the various clauses of section ..... section 10 (3) (a). this is not a case where the petitioner has obtained possession of the whole or part of a non-residential building under section 10 (3) (a) (iii) and applied again under ..... 10 will have to be read and understood in the context of each other and a comparison of clauses (a), and (c) of sub-section (3) of section .....Tag this Judgment!
Court : Allahabad
Decided on : May-10-1967
Reported in : AIR1968All322
..... , was the date of vesting under section 4 of the u.p. zamindari abolition and land reforms act, 1950. section 3 of the act invests' the court with the power to reduce the debts at the time of passing the decree. section 4 of the act empowers the court to reduce debts after passing the decree. section 5 lays down that 'for purposes of sections 3 and 4 every mortgagor ..... india excluding the area situate to the north of the ganges. the situation on the date of the coming into force of the constitution of india was that under section 29 of the arms act no sanction was required to prosecute persons whose cases fall within the first category but, on the other hand, sanction was required for prosecution of persons whose cases ..... the assent of the president on the 24th of january, 1951, and was published in the uttar pradesh gazette (extraordinary) on the 26th of january, 1951. the notification under section 4 of the act for vesting of estates in uttar pradesh as a whole (with some exceptions) was published on the 1st of july, 1952. the object of the u.p. zamindari abolition ..... are offered for the solution of any puzzle based upon the building up, arrangement, combination or permutation oi letters, words or figures'. sections 4 and 5 of the said act made the promotion or conduct of prize competitions penal except under restrictions and conditions prescribed therein. rules 11 and 12 laid down requirements regarding the charge of entry fees and the maintenance of registers .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-17-1967
Reported in : AIR1969Bom77; (1968)70BOMLR517; ILR1969Bom297; 1968MhLJ441
..... high court, that decision operates as res judicata and the matter should not be reagitated.5. on the pleadings of the parties several issues were framed. the trial court held that there was a partition between gadi and santosh under which 7.60 acres were allotted to gadi and 3.80 acres were allotted to ..... become a coparcener with her husband even during his lifetime. the act of course in-tended to redress the widow's disabilities even in such a case, but that redress is provided by sub-section (2) and not by sub-section (1) of section 3. when the sons become coparceners with their father in property ..... in support of her contention that this is a case which is not provided for either by sub-section (1) or sub-section (2) of section 3 of the hindu women's rights to property act, and therefore, under the general law her husband santosh would be the preferential heir as against janabai. as against this ..... which was originally held by him as sole surviving coparcener or as his share obtained on partition, the father ..... become coparceners and there will be no occasion for the property devolving on them at the death of the father the closing words of section 3(1) of the act, vii. 'devolve upon his widow along with his lineal descendants in like manner as it devolves upon a son' will be appropriate .....Tag this Judgment!