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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 … 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

State of Kerala Vs. George Jacob

Court : Kerala

Subject : Civil

Acts : Kerala Finance Act, 2005; ;Kerala Stamp Act, 1959 - Sections 2, 2(12), 3, 9, 17, 27, 33, 35, 40, 60 and 64 ;Registration Act, 1908 - Sections 23, 25, 31, 32, 35, 47, 49, 61, 74, 88 and 89; ;Transfer of Property Act, 1882 - Sections 53A, 54 and 59; ;Code of Civil Procedure (CPC) - Sections 64 - Order 38, Rule 10; ;Transfer of Property (Amendment) Supplementary Act, 1929 - Sections 10; ;Theft Act, 1968 - Sections 20(2); ;Indian Stamp Act, 1899 - Sections 2(14) and 2(17); ;Government of India Act, 1935 - Sections 175(3)

Reported in : AIR2006Ker111; 2005(4)KLT709

of Kerala shall be stamped before or at the time of execution, read with Section 23 of the Registration Act, 1908 providing for four months' time for presentation of documents for registration, from the date of its execution, concluded … sale deeds is as obtaining on the date of presentation of the sale deeds for registration whereas, the parties took the stand that stamp duty payable is as on the date of signing the sale deeds. Since … for the disposal of these cases are as follows.2. By Finance Act, 2005 (Act 10 of 2005), with effect from 1-4-2005, the Legislature amended the

R.G. Lakhmidas and Co. Vs. Sir Dorab Tata

Court : Mumbai

Subject : PropertyContract

Reported in : AIR1927Bom195; (1927)29BOMLR19; 101Ind.Cas.229

is whether the purchasers can recover their deposit inasmuch as the contract was not registered under the Indian Registration Act, 1908. No such point was taken in the Court below. It was not to the interest of either party … to the defendants, and (2) whether the defendants should be ordered to specifically perform the agreement between the parties.2. Under Rules 212 and 220 the procedure in force on the Original' Bide with reference to such summonses

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

K.V. Sudha Rani and ors. Vs. the Vijayawada-guntur-tenali-mangalagiri ...

Court : Andhra Pradesh

Subject : Property

Acts : Andhra Pradesh Urban Areas (Development) Act, 1975 - Sections 3; Indian Registration Act, 1908 - Sections 17; Registration Rules, - Rule 26; Evidence Act, 1872 - Sections 91; Transfer of Property Act, 1882 - Sections 5, 6, 7, 8, 54 and 55; Specific Relief Act, 1963 - Sections 31, 31(1) and 31(2)

Reported in : 2008(4)ALD545; 2008(3)ALT760

has any power or jurisdiction to unilaterally cancel the sale deeds validly registered under the provisions of the Registration Act, 1908 (for short 'the Act'). If the respondent-authority is satisfied that fraud is played in the registration of the … if the respondent-authority is satisfied that sale deeds were executed on account of fraud or misrepresentation on the part of the petitioners, the only remedy for the respondent-authority lies in approaching the competent court of law for … cases are similar, for convenience facts in Writ Petition No. 13032 of 2006 are narrated hereinbelow:The respondent-authority was constituted under the provisions of Section 3

M/S.Harshal Developers Pvt.Ltd. and Another Vs. Manohar Gopal Bavdekar ...

Court : Mumbai

Subject : Education

persons who are to take or have taken such flats, and the agreement shall be registered under the [Registration Act, 1908(XVI of 1908)]; [and such agreement shall be in the prescribed form] ; [(1A) The agreement to be prescribed … office of Registrar. Suit was decreed on 14.11.2006. Civil Appeal No.159 of 2009 filed by the respondent was dismissed on 15.11.2005. 2 The appellant is … the time of hearing of the appeal at the stage of admission it was agreed by both the parties that the substantial questions of law may be framed and the appeal would be argued finally on the

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

and order it to be delivered up and cancelled.(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the Court shall also send a copy of its decree to the officer in whose … Special Leave Petition to the Hon'ble Supreme Court of India. In the Supreme Court, the counsel for the parties agreed for setting aside the impugned judgment of this Court and remitting the appeals to the High Court

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

V.V.S. Rao, J.PART - IINTRODUCTION:1. Almost a century old Registration Act, 1908, which came into force on 01.01.1909, after about fifteen amendments, has now thrown up sea-saw situation played by … Bench.BACKGROUND FACTS:2. At the outset, brief reference may be made to the pleadings, in these petitions. W.P. No. 23005 of 2004 is filed by the petitioner seeking a writ of Mandamus declaring the action of the third

Kothapalli Sreeramulu and Company and ors. Vs. Krishna Gur and Khandas ...

Court : Andhra Pradesh

Subject : Civil

Acts : Registration Act, 1908 - Sections 17, 17(1) and 49; Transfer of Property Act, 1882 - Sections 18 and 107

Reported in : 2003(3)ALD319; 2003(3)ALT360

instrument or by oral agreement without delivery of possession.' 26. Then coming to the relevant provisions of the Registration Act, 1908, Section 2(7) defines 'lease' as under: 'Lease' includes a counterpart Kubuliyat, an undertaking to cultivate or occupy, and … Aggrieved by the same, the defendants filed A.S. No. 633 of 1982. Regarding future interest, which was disallowed partly by the trial Court, the plaintiff filed Cross-objections. A learned single Judge dismissed both the appeal as well

Amritpal Singh Vs. Chandigarh Administration and Others

Court : Punjab and Haryana

Subject : Land Acquisition

on 11.08.2004. The Registration and Other Related Laws (Amendment) Act, 2001 (Parliament Act No.48 of 2001) amended The Registration Act, 1908; The Transfer of Property Act, 1882 and The Indian Stamp Act, 1899. Section 11 thereof inserted clause 23A … TRANSFER charged or exempted under No.62 -Where conveyance amount to sale ofimmovable propertyOther conveyancesXxxXxxXxxXxxAnd for every Rs.500 or part thereof in excess of RS.1000Sixty three RupeesFifteen Rupees(vide Punjab Act No.17 of 1994)*23.Conveyance,(a) xxx (b) for the purpose … petitioner has sought quashing of the orders dated 02.09.2009 (Annexure P-10) and 22.09.2009 (Annexure P-11) requiring the original owner to apply for 'No Objection Certificate'