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The Land Acquisition Officer, Vijayawade thermal Station Vs. Nutalapat ...

Court : Andhra Pradesh

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Order 13, Rules 1, 3, 4, 4(1), 5, 6 and 7 - Order 41, Rule 27; Evidence Act, 1872 - Sections 60, 61, 63, 65, 74(2) and 79; Evidence Act, 1877 - Sections 61 to 90 and 114; Registration Act, 1908 - Sections 57(5) and 61(2); Registration Act, 1877 - Sections 60(2); Land Acquisition Act, 1894 - Sections 11, 18, 22, 23, 24, 25, 26, 51-A and 53; Stamp Act

Reported in : AIR1991AP31

not retained by the Sub-Registrar but had to be returned to the party under S. 61(2) of the Registration Act, 1908. The Privy Council, as already stated above, upheld the first contention that if a document is admitted under … sale transactions relied upon by the L.A.O. and disclosing a lower value but not brought on record as part of the evidence should not also be the basis for fixing the compensation.2. On the facts of the … other document is marked as an exhibit in a case under O. 13, R. 4, C.P.C. any objection as to mode of proof can be

Dattaprasad Co-operative Housing Society Limited and ors. Vs. State of ...

Court : Karnataka

Subject : CivilConstitution

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 38; Karnataka Co-operative Societies (Amendment) Act of 2001; Registration Act, 1908 - Sections 17(1) and 17(2); Karnataka Stamp Act, 1957 - Sections 68 - Schedule - Article 20(1) and 20(2); Co-operative Societies Act, 1912 - Sections 27; Constitution of India - Articles 246 and 254

Reported in : ILR2004KAR1892; 2004(3)KarLJ310

has exempted the Co-operative Societies from the application of provisions of Section 17(1)(b) and (c) of the Indian Registration Act, 1908 (hereinafter referred to as the 'Registration Act') for compulsory registration of the documents and payment of stamp duty … transfer of shares is enjoying the privilege of occupation of the apartment/flat. There is no transfer of any part of immovable properties which vests in the Society. However, transfer of shares creates interest in the apartment attached … a pre-constitutional law, the same is passed on the test under Article 13 of the Constitution of India and therefore, it is made applicable with

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

Subject : Land Acquisition

to be constructed. Transactions of the nature referred to above are not required to be registered under the Registration Act, 1908. Such arrangements confer the privileges of ownership without transfer of title in the building and are a common … 74, 90, 110, 136, 191, 192, 253, 254, 278 and 398 of 2014, as learned counsel for the parties are agreed that common substantial questions of law are involved therein in all these appeals. However, the facts … 361 of 2013, 10 to 16, 25, 26, 73, 74, 90, 110, 136, 191, 192, 253, 254, 278 and 398 of 2014, as learned counsel

Smt. G. Kusuma Devi Vs. Smt. Gowramma and ors.

Court : Karnataka

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 53A, 106 and 107; Registration Act, 1908 - Sections 2(7), 17, 17(1) and 49; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Specific Relief Act, 1877

also shall have to be treated a lease deed in view of provision of Section 2(7) of the Registration Act, 1908, for the purpose of Section 17(1)(d) of the Registration Act; that even assuming that the defendant has got … of lease and there is no illegal construction or encroachment on Schedule 13' property as alleged by the plaintiffs; that though there is an agreement … appearing on behalf of both sides and perused the material on record. For the sake of convenience, the parties are referred to as per their ranks before the Trial Court.3. Brief facts of the case are:The plaintiffs-respondents

The Collector of Gorakhpur Vs. Ram Sundar Mal

Court : Mumbai

Subject : Civil

Reported in : (1934)36BOMLR867

sale-deed of October 30, 1922, was valid?The deed is a registrable instrument under Section 17 of the Indian Registration Act, 1908. Section 28 of that Act: requires that every registrable document ' shall be presented for registration in the … properties purchased. It was a sum suitable for the finance of the contemplated litigation, or for a substantial part of it.On January 5, 1923, two suits were as a result filed in the Court of the Subordinate … formed to exploit the title of Indarjit Mal. He died on August 13, 1921, and they, on October 30, 1922, purchased from his son, Balbhadra

Amiya Kumar Datta Vs. Hindustan Petroleum Corporation Limited and Anot ...

Court : Chhattisgarh

Subject : Land Acquisition

of transfer of property by operation of law, provisions of the Transfer of Property Act, 1882 or the Registration Act, 1908 have no application. 14. It is not disputed that the lease deed Ex.P-1 was effective and binding upon … plaint allegation, the plaintiff is owner of land bearing plot No.243/2, area 24.80 acres situate at Namnakala, Ambikapur. Part of aforesaid land was given on lease on 27-3-1964 for one year to defendant/respondent No.1 with condition for … in India) Act, 1974 (Act No.4 of 1974) came into force from 13th March, 1974 and assets and liabilities were stand transferred to and vested

Raj Prasanna Kondur Vs. Arif Taher Khan and ors.

Court : Mumbai

Subject : Tenancy

Acts : Maharashtra Rent Control Act, 1999 - Sections 7(5), 24, 43, 43(2), 43(3), 43(4), 44(1), 44(2), 47, 55, 55(1), 55(2) and 55(3); Registration Act, 1908 - Sections 17, 23 and 49; Bombay General Clauses Act, 1897 - Sections 27; Bombay General Clauses Act, 1897 - Sections 28; Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 - Sections 3; Constitution of India - Articles 227 and 254(2)

Reported in : 2005(4)BomCR383

it was contended that there was no valid registration of the agreement in terms of the provisions of Registration Act, 1908, and consequently, the agreement in question is not admissible in evidence, and therefore, no application under Section 24 … for registration by the respondents on 31st December, 2002. A notice dated 13th January, 2003 came to be served upon the petitioner by the respondents … rejecting the Application No. 19 of 2003 which was filed by the petitioner for setting aside the ex parte order of eviction of the petitioners from the suit premises.3. The respondent Nos. 1 and 2 are the

Baijnath Vs. Ramadhar and anr.

Court : Allahabad

Subject : PropertyCivil

Acts : Registration Act, 1908 - Sections 2(6), 17 and 49

Reported in : AIR1963All214

13 and 14:'Owing, perhaps, to the varying definitions of 'immovable property' and to the wording in Section 2, Registration Act, 1908, there is considerable want of uniformity in the practice followed in different parts of the country when registering … of timber takes into consideration only the fitness of the wood and not the use contemplated in the particular case. It is the nature of the wood that is decisive and not the particular use that its

Hamda Ammal Vs. Avadiappa Pathar and 3 ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) - Sections 64 - Order 38, Rules 5 and 10; Registration Act, 1908 - Sections 47 and 49; Transfer of Property Act, 1882 - Sections 53 and 54

Reported in : 1991(39)BLJR615; JT1990(4)SC391; (1991)1MLJ52(SC); 1990(2)SCALE970; (1991)1SCC715; [1990]Supp2SCR594

60(1) and copying out the endorsement and the certificate in the relevant register under Section 61(1) of the Registration Act, 1908. The appellant had in his said application claimed to be entitled as a co-sharer to the right of … any decree that may be passed against him, -(a) is about to dispose of the whole or any part of his property, or(b) is about to remove the whole or any part of his property from the … Avadiappa filed a money suit for the recovery of Rs. 5,200/- on 13.9.1970, against the vendors andobtained attachment before judgment of the property in question

The State of Kerala rep. by Secretary, Forests and Wildlife Department ...

Court : Kerala

Subject : Land Acquisition

register the sale deed. The mere issuance of direction by this Court to register a document under the Registration Act, 1908 does not mean that the High Court has pronounced about the validity or otherwise of the document which … so fixed, such forest shall be deemed to be a reserved forest. 13. The State in the counter affidavit has brought on record two notifications … in W.P(C) No.18339 of 2011 shall suffice in deciding the Writ Petition as well as the Writ Appeal. Parties shall be referred to as described in the Writ Petition. 3. The Cochin State had enacted The Cochin