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Javvadi Koteswara Rao Vs. Sonti Sambasiva Rao
Andhra Pradesh
Nov-24-2003
Civil
Registration Act, 1908 - Sections 49
2004(1)ALD629; 2004(4)ALT614
of sale to be admitted as evidence in suit for specific performance not required to be registered. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … as follows;Heard. Objections regarding the admissibility of agreement of sale. As this being a suit for specific performance, Section 49 of Registration Act expressly exempted this class of cases. I hold that the suit document namely this agreement
Tag this Judgment! AI Brief & AskHindustan Lever Limited and anr. Vs. Board of Trustees, Visakhapatnam ...
Andhra Pradesh
Jul-16-2002
Civil
Major Port Trusts Act, 1963 - Sections 49 and 49; Constitution of India - Article 226
2003(1)ALD323
requirement of publication in official gazette not complied with - held, respondent's demand to enhance rent arbitrary. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … any express provision and the powers vested thereunder and whether the procedure as contemplated under the provisions of Section 49 of the Act is followed or not.35. I have gone through the material available on record. The impugned
Tag this Judgment! AI Brief & AskKarnati Sriramulu Vs. J.A. Qureshi and ors.
Andhra Pradesh
Oct-09-1980
Civil
Provincial Insolvency Act, 1920 - Sections 49, 49(1) and 49(2)
AIR1981AP69
does not have any application when debt is disputed one - disputed debt has to be proved. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the appellant 43rd respondent in I.P. No. 1 of 1969 contends that having regard to the provisions of Section 49(1) of the Provincial Insolvency Act, a debt could be proved by delivering or sending by post in a
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Hari Shankar and ors. Vs. U.P. State Electricity Board and anr.
Allahabad
Sep-21-1973
ElectricityCivil
Electricity (Supply) Act, 1948 - Sections 49; Constitution of India - Article 226
AIR1974All70
held, alternative remedy of arbitration available and Court need not to go into disputed question of fact. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … Upbhokta Sangh v. Union of India (decided on 26-4-1972) (All) about the construction of term 'traiff contained in Section 49 of the Electricity (Supply) Act, 1948. He referred the entire writ petition to a larger Bench although the
Tag this Judgment! AI Brief & AskArshad Ali Khan Vs. State of Uttar Pradesh
Allahabad
Oct-13-1977
PropertyCivil
Registration Act, 1908 - Sections 49; Transfer of Property Act, 1882 - Sections 105
AIR1978All59
deed can be received as evidence of collateral transactions not required to be effected by registered instruments. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the defendants has urged that the lease deed being inadmissible in evidence in view of the provisions of Section 49 of the Indian Registration Act it cannot be looked into for any purpose other than a collateral purpose.
Tag this Judgment! AI Brief & AskDalel and anr. Vs. Baroo and ors.
Allahabad
Nov-09-1962
Tenancy
Tenancy Law; U. P. Consolidation of Holdings Act, 1954 - Sections 3(5), 4 to 12, 40(1) and 49
AIR1967All59
covered by Section 12(5) - held, civil suit in respect of grove land barred by Section 49. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.
Tag this Judgment! AI Brief & AskGedela Lalitha Kumari Vs. Bonumahanthi Neelakantham and ors.
Andhra Pradesh
Dec-29-2003
Civil
Registration Act, 1908 - Sections 49
2004(2)ALD315; IV(2004)BC447
if two transactions are separable from each other transaction which registration is not required can be enforced. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … any transaction affecting such property that is to say, in this case, as evidence of the charge. But Section 49 does not say that the document cannot be received in evidence at all. All that it says is
Tag this Judgment! AI Brief & AskRanga Reddy Vs. Sadhu Padamma and ors.
Andhra Pradesh
Oct-24-2002
PropertyCivil
Registration Act, 1908 - Sections 49
2002(6)ALD752; 2003(1)ALT228
conferring right in immovable property cannot be allowed to be admitted in evidence even for collateral purpose. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … to be marked though is an unregistered gift deed, it comes within the scope of the proviso to Section 49 of the Registration Act, 1908 ('the Act' for brevity) and therefore it is admissible in evidence.4. Sri K.
Tag this Judgment! AI Brief & AskSanghi Polyesters Ltd. Vs. Commr. of C. Ex.
Andhra Pradesh
Jul-24-2001
Excise
Central Excise Rules, 1944 - Rules 49 and 173 (G)
2002(79)ECC542; 2001(134)ELT344(AP)
treated as the date of payment--Only 2 defaults committed--2nd Respond cannot invoke his power under the rules. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … would authorize the Deputy Commissioner of Central Excise, the 2nd respondent herein, to withdraw the facility under Rule 49 read with Rule 173 (G) of Central Excise Rules. Therefore, what should be seen at the threshold is
Tag this Judgment! AI Brief & AskLal Bahadur and ors. Vs. the State of U.P. and ors.
Allahabad
Nov-07-1973
PropertyCivil
Land Acquisition Act, 1894 - Sections 49
AIR1975All9
Court - possession of such land cannot be acquired till the matter is pending in the Court. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the petitioners was that they made an application on 27th February. 1969 to the Land Acquisition Officer under Section 49 of the Act for acquisition of whole of the property but the Land Acquisition Officer failed to exercise
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