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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Year: 1970 Page 1 of about 14 results (0.440 seconds)

Mar 30 1970 (HC)

Gopal NaraIn and anr. Vs. Durga Prasad Goenka and ors.

Court : Delhi

Decided on : Mar-30-1970

Reported in : AIR1971Delhi61

..... abrogated. it was accordingly held in that case that 'the interest of a hindu mitakshara coparcener available for division under this section (section 6(1) of the hindu succession act) will be such share in the property as would be allotted to him if a partition of the property had taken place immediately before his death amongst the coparceners according to the rules of hindu ..... durga prasad is defendant no. 1, who along with his son shri narain, defendant no. 2, and grandsons, defendants nos. 3, 4 and 5 from another branch, which for convenience of reference is described herein as 'defendants first party'. son, ganga dhar had died earlier in 1942, leaving behind him his sons, suraj narain, defendant no. 6, and rajinder kumar who had ..... her rights merely by speculation.10. shri bishamber dayal, the learned counsel for defendants nos. 1 to 5 (defendants first party) contended that the rule of mitakshara law, which prevailed prior to hindu women's rights to property act, 1937, has been modified by the hindu succession act, 1956, which has an overriding effect. the mother's share, which was a limited estate, was ..... be given to her at the time of partition. she denied that the plaintiffs were entitled to 1/3rd share in the joint family property as claimed by them. defendant no. 6 in his written statement denied that the plaintiffs were entitled to 1/3rd share in the property. defendants nos. 1 to 5 (first party) in their written statements stated that they .....

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Aug 07 1970 (HC)

Varadammal and anr. Vs. Ambalal J. Vyas and ors.

Court : Chennai

Decided on : Aug-07-1970

Reported in : AIR1971Mad371; (1971)1MLJ65

..... the question then arose how far this principle could be applied, when the suit for partition was instituted not by a major but by a minor acting through his next friend. the view was expressed that as the minor had under the law, no volition of his own, the rule in question had no application ..... latter is the natural resultant from his decision, the division and separation of his share, which may be arrived at either by private agreement of the parties or, on failure of that, by intervention of the court. once the decision has been unequivocally expressed and clearly intimated to his co-sharers, his ..... with the view to injure the opponent, and there can be no question of its having been initiated as the result of an understanding between the parties. while in collusive proceedings the combat is a mere sham in a fraudulent suit it is real and earnest.'thus there being a vital and ..... it is unreal, and the decree passed therein is a mere mask having the similitude of a judicial determination and worn by the parties with the object of confounding third parties. but when a proceeding is alleged to be fraudulent, what is meant is that the claim made therein is untrue but that ..... for purposes of family necessity but also far his own antecedent debts.'in sat narain v. rai bahadur sri kishendas , the privy council had to consider the scope of sub-section (2) of section 52 of the presidency towns insolvency act. in that context, the privy council pointed out--'turning to the first contention of .....

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Dec 29 1970 (HC)

M. Sulochanamma and ors. Vs. Commissioner of Wealth-tax

Court : Andhra Pradesh

Decided on : Dec-29-1970

Reported in : [1972]85ITR201(AP)

..... ), which came into force on september 8, 1948, for the purpose of regulating the mines and oil fields and to develop minerals. in exercise of its rule-making power under section 5 of that act, the mineral concession rules, 1949, which came into force on october 25, 1949, for regulating the grant of prospecting licences and joining leases for minerals other than petroleum and ..... of the lease relating to sitararaa mica mine should not be curtailed to 20 years, was issued by the controller of mining leases under rule 4 of the mining leases (modification of terms) rules, 1956. after considering the representations of the assessees, the controller of mining leases, by his order, dated june 27, 1959, reduced the term of the lease from 30 ..... although the rule of res judicata is applicable in respect of matters or decisions relating to the same assessment year. see amalgamated coalfields v. janapada 'sabha and devilal modi v. sales tax officer. 18. that apart, on merits, with great respect to the ..... estate duty act where one of the assessees herein, i.e., a. jayalakshmamma, was the accountable person. for wealth-tax assessments, just like income-tax assessments, each year is a distinct and specific unit for the purpose of assessment. any decision relating to a point in a particular year of assessment is not binding on the parties in the next assessment year .....

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Feb 26 1970 (HC)

Kunji Thomman and ors. Vs. Meenakshi and ors.

Court : Kerala

Decided on : Feb-26-1970

Reported in : AIR1970Ker284

..... appellants' counsel based on the above decision was that since the allotment of property under ext. p-1 was in lieu of the second defendant's pre-existing right of maintenance section 14(1) of the hindu succession act should apply. though there is no specific reference to partition in section 14-(2) the expression 'any other instrument' therein must be construed ejustlem generis which ..... her death. the allotment of properties therefore to parvathi, raman, first defendant and plaintiff was not on the basis of any preexisting right. the object of sub-section (2) of section 14 is only to remove the disability on hindu woman imposed by law and not to interfere with contracts, grants etc., by which a restricted right is created in her favour. sub ..... by the person who had no interest previously.17. in order to decide whether the case is governed by sub-section (1) or sub-section (2) of section 14 we have to examine the circumstances under which ext. p-1 was brought into existence. the parties to ext. p-1 are senior gouri bai, parvathi, raman, defendants 1 and 2 and plaintiff. on the death ..... possession only of self-acquired properly is not legally compellable to maintain his son's widow, yet the hindu law imposes a moral obligation on him to provide further maintenance.(5) an essential element of the sons's right of inheritance from his father is the spiritual benefit which in the contemplation of the hindu law the son confers upon the .....

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Nov 04 1970 (HC)

Goswami Brijratanlalji Maharaj Vs. Commissioner of Wealth-tax, Gujarat ...

Court : Gujarat

Decided on : Nov-04-1970

Reported in : [1971]79ITR373(Guj)

..... and bounds. if he is not so satisfied about the joint family properties having been partitioned by metes and bounds amongst the various members, he has to declare under sub-section (2) of section 20 that such family shall be deemed for the purposes of section 5(1)(ii) of the act, the interest of any undivided family of which he is a member can be safely ..... an assessment, it is brought to the notice of the wealth-tax officer that a partition has taken place among the members of a hindu undivided family, and the wealth-tax officer, after ..... excluded. the words for the purposes of this act occurring in section 20(2) would include within their ambit section 5(1)(ii) as well and so long as the satisfaction about the properties of the joint family having been partitioned by metes and bounds is not reached by the wealth-tax officer, he has to declare ..... or any of the requirements which may be included in a notice under sub-section (2) of section 14, and may proceed to assess or reassess such net wealth, and the provisions of this act shall, so far as may be, apply as if the notice had issued under that sub-section.' 5. section 20 of the act provides as follows : '20. (1) where, at the time of making .....

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Mar 11 1970 (HC)

Kesu Pandu Yelawande Vs. Indubai Ankush Khandagale

Court : Mumbai

Decided on : Mar-11-1970

Reported in : (1970)72BOMLR471; 1970MhLJ751

..... the case of lakshmi perumallu v. krishnavenamma : [1965]1scr26 , that the quantum or interest to which a hindu widow is entitled under section 3(2) of the hindu women's rights to property act, 1987 is to be determined as on the date on which she seeks to enforce partition under sub-section (3) of section 3. similarly, the plaintiff ..... within the meaning of that phrase in section 14(1) of the hindu succession act, 1956. it is not necessary under that section that she should reduce her share to possession either by actual partition or even by asking for partition. it would, therefore, appear to us that when the hindu succession act came into force, harnabai was possessed ..... mr. pendse, appearing for defendant no. 1, drew our attention to the provisions of the hindu women's rights to property act, 1937. under the provisions of section 3(2) of the said act, when a hindu governed by the mitakshara school of hindu law dies having at the time of his death an interest in a ..... , no question of defendant no. 1 not having had an opportunity to meet the case on that footing. the courts are to decide the rights of parties on the facts established. there is no material variance between the pleading and what has been proved in this case. the plaintiff has succeeded to her father ..... so varied shall stand confirmed. the mesne profits will also be computed on the basis of the share awarded to the plaintiff under this judgment. in the circumstances of the case, each party shall bear its own costs throughout. .....

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Mar 24 1970 (HC)

Damodar Hansraj Vs. Income-tax Officer, Ward a

Court : Orissa

Decided on : Mar-24-1970

Reported in : [1971]82ITR83(Orissa)

..... supreme court in joint family of udayan chinubhai, etc. v. commissioner of income-tax, [1967] 63 i.t.r. 416, [1967] 1 ..... discussed by the punjab high court in commissioner of income-tax v. ganeshi lal sham lal, [1966] 61 i.t.r. 408 (punj.). their lordships were clearly of opinion that the assessment cannot be reopened under section 34 of the old indian income-tax act, 1922, so long as the order under section 25a recognising partition has not been set aside. this view was approved by the ..... , an order under section 25a is essential.5. in this case, the order under section 25a was passed on february 28, 1945, recognising the partition with effect from october 29, 1943. there-fore, this becomes effective for all subsequent years until it is set aside by the commissioner, in revision, under section 33b of the income-tax act, 1922, which corresponds to section 263 of the income-tax act, 1961.6 ..... , would be without jurisdiction so long as the order under section 25a of the income-tax act, 1922, recognising partition, stands.7. the aforesaid view is not bereft of authority.8. the question was canvassed before the supreme court in income-tax officer, a-ward, lucknow v. bachu lal kapur, [1966] 60 i.t.r. 74, [1966] 3 s.c.r. 68 (s.c.). but .....

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Oct 07 1970 (HC)

Smt. Vraj Kuwar Bai and ors. Vs. Kunjbiharilal Krishnachandra and ors.

Court : Madhya Pradesh

Decided on : Oct-07-1970

Reported in : AIR1971MP109; 1971MPLJ44

..... the firm. it was not at all necessary to join the insolvency court as party-defendant. section 28(2) of the provincial insolvency act merely provides for cases on the basis of debts and liabilities which are provable under the act. this not being a case of that kind, it was not necessary for the ..... of land was entitled to have it divided between himself and co-owners, but not (except by virtue of the partition acts) to have it sold against their consent. a partner has no right to partition in specie, but, speaking generally, is entitled, on a dissolution, to have the partnership property, whether land or ..... be dismissed even on that ground.16. we are supported in this view of law by another division bench decision of this court reported in laxminarayan v. dwarkaprasad, air 1964 madh pra 55. in that case, the auction-sale of partnership property was upheld even though one of the partners had been ..... of immovable property. there is ample authority for this proposition almost in all the high courts in india. we may merely refer to gouri dutt maharaj v. sukur mohammed, air 1948 pc 147. in this case, the doctrine was applied to a suit for specific performance which was decreed on compromise.15 ..... of a partner has vested, with regard to the disposal of property by the solvent partners in the course of winding up of the partnership affairs.5. lindley, on partnership, 12th edition, has brought out the distinction between partnership property and other joint property at pages 57 and 58. as many .....

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Sep 23 1970 (HC)

Mihir Kumar Sarkar and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-23-1970

Reported in : AIR1972Cal355

..... inherited the same. the name of giri mohan mallick appeared in the resent settlement record and the said heirs duly filed their claim under section 9 of the land acquisition act. an award was made in their favour for the acquisition of their interest by the state and the compensation was duly received by ..... convenient to try in a writ petition. this conclusion he arrived at after considering the affidavits which had been filed by both the parties. in sarajuddin and co. v. michael golodetz, air 1960 cal 46 this court has observed with regard to the discretion used by the judge.'that it should not ..... not be proper for the court to determine complicated questions of title and possession involving protracted hearing involving title of persons who are not even parties in the proceedings. such question should appropriately be tried in regular suit and i feel unable to concede to the prayer of the petitioners for ..... compensation had also been paid to them on the 11th of july, 1969, long before the instant application had been filed. the mallicks are not parties also in this proceeding. in the circumstances, the complicated questions of title in the plot itself cannot be properly decided in this proceeding. so far ..... such a disputed issue as to title on such materials alone and in a proceeding like the present one wherein even the alleged benamdars are not parties.' he also came to the conclusion that the petitioners have no locus standi and dismissed the case. hence this appeal.4. mr. nani coomar .....

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Mar 03 1970 (HC)

Veligati Lakshminarayana and ors. Vs. the State of Andhra Pradesh and ...

Court : Andhra Pradesh

Decided on : Mar-03-1970

Reported in : AIR1972AP19

..... the constitutional validity of section 17 (4) read with section 17 (1) of the central act. this contention has been raised because in all these cases, along with section 4 (1) notification, a notification was made under section 17 (4) of the central act dispensing with the enquiry under section 5-a of the act. the argument in ..... of sovereignty and the decision that the acquisition of land in a particular case is urgent so as to dispense with the inquiry under section 5-a may reasonable be left to the determination of the government. if the question of urgency was not left to the determination of ..... opinion of the government there was emergency and the land was waste or arable land, the government would dispense with the inquiry under section 5-a. section 17, sub-section (4) thus on the face of it made a classification between lands of which acquisition was urgent and lands of which acquisition ..... , in pithana appear v. state of andhra pradesh, w. p. no. 364 of 1964 and batch d/- 31-12-1969 = : air1970ap318 (fb). in these writ petitions, ..... act, the act in its entirety was declared void. we do not think that in this latest case, the supreme court made any significant departure from the rule stated in shantilal's case, : [1969]3scr341 .29. we must also refer to a recent decision of a full bench of this court, to which one of us. viz., kumarayya, c. j. was a party .....

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