Court : Kolkata
Decided on : Feb-20-1996
Reported in : AIR1997Cal59,(1996)2CALLT12(HC)
..... the court the method of assessing the value is different from the method adopted for determining the valuation for allotting shares to the different parties. in the case of a sale to an outsider under s. 2 of the partition act the valuationis fixed only for the purpose of having a reserve price above which outsiders would be required to bid. in the case ..... of a sale under s. 3 of the partition act the co-sharers applicants become entitled to get the property at the valuation fixed by the court. as was observed in nitish chandra ghose v. promode kumar ghose, : air1953cal18 (see also manick lal dutt v. pulin behari pal, : air1950cal431 that requires. 'a very careful decision by ..... ) 60cal wn 829 at page 833 (subal v. gostha) onthe basis of which this court decided in (1971)75 cal wn 195. in the decision cited suprathis court has held :--'there is another aspect of the question to which also reference may be made. while dealing with the application under s. 4 of the partition act the court is required to value the stranger ..... the report by examining any other witnesses to countermand the effect of the report. it has been held in a decision reported in : air1966ori121 in the case of harihor misra v. narhari setti sitaramiah (para 4) :--'rule 10 of o. 26 does not make the report of the commissioner as concluding the question of valuation. on the contrary, the rule gives .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-18-1996
Reported in : 1996VIIAD(SC)217; AIR1997SC471; (1997)1CALLT26(SC); JT1996(8)SC410; 1996(6)SCALE734; (1996)11SCC446; Supp6SCR448
..... to the cleavage of judicial opinion amongst different high courts on the scope and ambit of section 4 of the act, it would be profitable to have a look at the provision itself. the statement of objects and reasons for enacting the partition act, 1893 amongst others, provided as under:it is also proposed in the bill to give the court the power of compelling a ..... this is a fair stand taken by both the parties to put an end to this litigation which was triggered off as early as on 5-9-1960. it is high time that it reaches its final terminus at least after 36 years. we, therefore, grant application of respondent no. 1 under section 4 of the partition act and direct him to pay rs. four lakhs ..... stranger, who has acquired by purchase a share in a family dwelling-house when he seeks for a partition, to sell his share to the members of the family who ..... of the high court of calcutta in civil revision application no. 2250 of 1987. the question is whether section 4 of the partition act, 1893 (hereinafter referred to as 'the act') can be pressed in service in execution proceedings arising out of a final decree for partition, by one of the co-owners of a dwelling house belonging to an undivided family against a stranger transferee .....Tag this Judgment!
Court : Orissa
Decided on : Mar-18-1996
Reported in : AIR1996Ori189; 82(1996)CLT205
..... in appeal has placed reliance on the decisions reported in air 1968 cal 380 (birendra nath banerjee v. smt. snehalata devi) and air 1943 peshawar 79 (mian jaffar shah v. mt. bibi gulla d/o mohd. shah), wherein the question of relief under section 4 of the partition act was permitted to be raised for the first time in appeal. in those cases, the facts were ..... wholly or partially, when he withholds evidence in his possession.'the learned counsel for the respondents, on the other hand, submits that the impugned transactions being very old and the parties to the documents being dead, it is not expected that direct evidence in support of existence of such legal necessity, or of reasonable enquiry by the vendee relating to the ..... be remembered that the actual proof of the necessity which justified the deed is not essential to establish its validity. it is only necessary that a representation should have been made to the purchaser that such necessity existed, and that he should have acted honestly and made proper enquiry to satisfy himself of its trum. the recital is clear evidence of the ..... representation, and, if the circumstances are such as to justify a reasonable belief that an enquiry would have confirmed its truth, then when proof of actual enquiry has .....Tag this Judgment!
Court : Chennai
Decided on : Feb-08-1996
Reported in : 1996(2)CTC213
..... held that the word 'family', as used in the partition act ought to be given liberal and comprehensive meaning and it does not include a group of persons related in blood, who live in one house or under one head or management, and ..... the ancestral family among the sharers. in kishore chunder chosal and anr. v. sarada prosad mitra, 1910 (12) c.l.j. 525 a division bench of the calcutta high court had an occasion to consider the scope of the word 'family' in the context of section 4 of the partition act, 1893. on an exhaustive consideration of the case law on the subject it was ..... given to the sharers, even their heirs or, at any rate, the family members and instead it should be confined to only the parties to the transaction the original sharers, parties to the transaction evidenced by ex.a.l.5. per contra, mr.l.k.sankaran, learned counsel appearing for the 1st respondent/plaintiff, relied upon the reasons assigned by the courts below ..... law. the learned counsel while placing reliance upon the decision reported in ram baran prasad v. ram mohit hazara, : 1scr293 contended that a partition among the original sharers containing a clause, giving preferential right of purchase to the sharer among themselves is enforceable by and against the parties thereto as also their legal heirs and legal representatives, including assignees and transferees, and .....Tag this Judgment!
Court : Kerala
Decided on : Feb-09-1996
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 .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-02-1996
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 : Kolkata
Decided on : Jul-19-1996
Reported in : (1997)2CALLT319(HC)
..... 13. mr. bhattacharyya the learned advocate appearing for the plaintiff/ respondents has invited my attention that of course it is open to the parties in a partition suit to resort to the remedy available under sections 2 and 3 of the partition act. but it is premature to make observation regarding such remedy. it is further contended by mr. bhattacharyya that preliminary decree should not indicate ..... of the land be given to the plaintiff, their interest will neither be prejudiced or jeopardised. if the partition be destructive of the value of the property, the court may under section 2 of the partition act direct the sale of the land to which a party is entitled to. in this case the plaintiffs have been already found to have possessed l/3rd interest of ..... destructive of the intrinsic value of the property, the court may, in case coming under section 2 of the partition act, direct a sale under that section. but, where section 2 of the partition act is not attracted, there also the court has jurisdiction to direct sale independently of the partition act. a sale among the co-sharers subject to a valuation made by the court is the best method ..... the land.12. reliance was also placed upon a decision reported in : air1991ori83 in the case of fakir khan v. kuanr khan and ors. wherein .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-10-1996
Reported in : 225ITR142(Raj); 1996(3)WLC373; 1996(1)WLN36
..... respect to one asset.4. we have considered the submissions made by learned counsel for the parties.5. section 20 of the wealth-tax act, which deals with the assessment after partition of a hindu undivided family states :' section 20. assessment after partition of a hindu undivided family. -- (1) where, at the time of making an assessment, it is brought to the notice of ..... family. the concept of partial partition is alien to section 20 of the wealth-tax act. the legislature was conscious of the words 'partition' and 'partial partition' and recognised the partial partition under the income-tax act, while the words 'partial partition' have been deliberately omitted from the section of the wealth-tax act. for the applicability of section 20 of the wealth-tax act, there must be a severance ..... of the assets of the hindu undivided family, i.e., jewellery, in the present case, can be recognised under section 20 of the wealth-tax act the expression used in section 20 of the wealth-tax act is 'joint family property has been partitioned as a whole among the various members or groups of members in definite portions'. the words 'as a whole' ..... in question has rightly been included by the wealth-tax officer in the net wealth of the assessee. the assessee thereafter moved an application under section 27(1) of the wealth-tax act, 1957 (for short, 'the act'), for referring five questions of law, mentioned in the application, for the opinion of the high court. the tribunal referred the question mentioned .....Tag this Judgment!
Court : Kerala
Decided on : Feb-15-1996
Reported in : 221ITR442(Ker)
..... authority and the applicant-assessees are assessed on the said basis for the years in question. it was emphasised in addition that a bare perusal of the partition deed shows that three brothers alone were parties thereto. the tribunal examined the question and affirmed the decision of the authorities below.10. in this process, the tribunal considered the documents referred to hereinbefore ..... of them started enjoying the properties that fell to their share as a consequence of the act of partition. it is also contended that in pursuance of the provisions of section 4 of the kerala hindu joint family (system) abolition act, 1975 (30 of 1976), inevitably a notional partition took place between this ishwara bhat and his 11 children as a result of which even ..... family of a larger magnitude. with regard to the particulars in the matter of distribution of the amount of consideration learned counsel submitted that the exigencies of the occasion compel parties to distribute the amount and by mere method of distribution an inference of the situation cannot be drawn and should not have been drawn by the tribunal.20. apart from ..... v.v. kamat, j.1. whether in the facts and circumstances of the case, the tribunal was justified in reaching the conclusion that the properties held by the appellant-assessees under leasehold right were his self-acquired or separate properties and that the assessments completed on the basis of the status of the applicant-assessees as individual was correct or not .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-17-1996
Reported in : AIR1996All342
..... family which owns the house but not divided ' it.'27. the words 'family' and 'undivided family' have been construed as under:'the word 'family' as used in the partition act, ought to be given a liberal and comprehensive meaning, and it does include a group oi persons related in blood, who live ..... in one house 01 under one head or management. there is nothingin the partition act to support the suggestion that the term 'family' was intended to be used is a very narrow and restricted sense, ..... parties being muslim the concept of undivided family as is envisaged among hindus cannot be attracted. such contention is devoid of rationale. transfer of property act is applicable to the property and it does not make difference as to the cast creed or religion of the holder of the properties. section 4 of the partition act ..... and confer a corresponding right on the other members of the family to deny the right to joint possession to a stranger transferee. section 4 if the partition act gives a right to a member of the family who has not transferred his share to purchase the transferee's share on a ..... thejudg-ment in the case of udayanalh sahu v. ratnakar bej, air 1967 orissa 139 that 'we may respectfully state that this is a correct statement of thelaw. there could be no doubt that the ratio of the decisions rendered under section 4 of the parti-tic act equally applies to the interpretation of the .....Tag this Judgment!