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Registration Act, 1908 Complete Act

Title: Registration Act, 1908

State: Central

Year: 1908

.....present documents for registration Section32A - Compulsory affixing of photograph, etc. Section33 - Power-of-attorney recognizable for purposes of section 32 Section34 - Enquiry before registration by registering officer Section35 - Procedure on admission and denial of execution respectively Part VII Section36 - Procedure where appearance of executant or witness is desired Section37 - Officer or Court to issue and cause service of summons Section38 - Persons exempt from appearance at registration-office Section39 - Law as to summonses, commissions and witnesses Part VIII Section40 - Persons entitled to present wills and authorities to adopt Section41 - Registration of wills and authorities to adopt Part IX Section42 - Deposit of wills Section43 - Procedure on deposit of wills Section44 - Withdrawal of sealed cover deposited under section 42 Section45 - Proceedings on death of depositor Section46 - Saving of certain enactments and powers of Courts Part X Section47 - Time from which registered document operates Section48 - Registered documents relating to property when to take effect against oral agreements Section49 - Effect of non-registration of documents.....

Registration Act, 1908 Complete Act

State: Central

Year: 1908

.....after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:- (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 12[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of.....

Registration Act, 1908 Part XIV

Title: Of Penalties

State: Central

Year: 1908

..... Whoever-- (a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or (b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or (c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or (d) abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. STATE AMENDMENTS 1Goa: In section 82 of the principal Act, for the words and figures "section 19 or section 21", the words "this Act or the rules made thereunder" shall be substituted. 2Karnataka: Amendment to section 82(b) is the same as in Kerala. 3Kerala: In clause (b) of section 82, for the words "section 19 or section 21", substitute the words "this Act or.....

Registration Act, 1908 Section 83

Title: Registering Officers May Commence Prosecutions

State: Central

Year: 1908

.....this Act shall be commenced save by or with the permission of the Inspector-General or any officer empowered in this behalf by the Government." 3Tamil Nadu: In section 83, in sub-section (2), for the word "Offences", the words, figures and letter "Save as provided in section 80G, offences" shall be substituted. 4West Bengal: In sub-section (2), for the word "Offences", substitute the words, figure and letter "Save as provided in section 80F, offences". ______________________________ 1. The words "the Branch Inspector-General of Sindh", omitted by A.O. 1937. 2. Vide Goa Act 2 of 1968, section 3. 3. Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988). 4. Vide Bengal Act 5 of 1942, section 11 (w.e.f. 1-11-1943).

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

Code of Civil Procedure, 1908 Rule 1 to 3

Title: Suits by or Against Military or Naval Men or Airmen

State: Central

Year: 1908

.....1 [, sailor] or airman]. 3. Service on person so authorized, or on his pleader, to be good service Processes served upon any person authorized by an officer 6[soldier 1[,sailor] or airman] under rule 6 or upon any pleader appointed as aforesaid by such person shall be as effectual as if they had been served on the party in person. ____________________________ 1. Inserted by Act 35 of 1934, section 2 and Schedule. 2. Inserted by Act 10 of 1927, section 2 and Schedule I. 3. The words "soldier or airman" were Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier" and "or a soldier" and the word "sailor" was Inserted by Act 35 of 1934, section 2 and Schedule. 4. Substituted by the A.O. 1937, for "serving the Government". 5. Substituted by Act 35 of 1934, section 2 and Schedule, for " military or air force". 6. Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier".

Code of Civil Procedure, 1908 Part IV

Title: Suits in Particular Cases

State: Central

Year: 1908

.....prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler. (2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler. (3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto. Section 86 - Suits against foreign Rulers, Ambassadors and Envoys (1) No 1 [***] foreign State may be sued in any Court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government: Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid 2[a foreign State] from whom he holds or claims to hold the property. (2) Such consent may be given with respect to a specified suit or to several.....

Code of Civil Procedure, 1908 Section 85

Title: Persons Specially Appointed by Government to Prosecute or Defend on Behalf of Foreign Rulers

State: Central

Year: 1908

(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler. (2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler. (3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.

Registration Act, 1908 Part XI

Title: Of the Duties and Powers of Registering Officers

State: Central

Year: 1908

.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....

Registration Act, 1908 Section 89

Title: Copies of Certain Orders, Certificates and Instruments to Be Sent to Registering Officers and Filed

State: Central

Year: 1908

.....purpose of this Act. (b) the word "agriculturist" shall have the meaning assigned to it in sub-section (3) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955). 12 [13 [14 [Tamil Nadu: After sub-section (4), insert the following sub-section, namely:-- "(5) Every officer granting, a certificate of sale of immovable property under the Madras Co-operative Land Mortgage Banks Act, 1934, or the rules made under the Madras Co-operative Societies Act, 1932, shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such registering officer shall file the copy in his Book No. 1." After sub-section (5), insert as under: "(6) Every officer in charge of collection of the loans mentioned in subsection (1), or sub-section (3) shall send to the registering officer to whom a copy of the order under sub-section (1), or a copy of instrument or order under subsection (3) has been sent, an intimation of the discharge of such loans. Such intimation shall be in such form as may be prescribed and the registering officer.....