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Nov 30 2015

The Inspector General of Registration, Pattinapakkam, Chennai and Anot ...

Court : Chennai Madurai

Decided on : Nov-30-2015

Subject : Land Acquisition

judgment dated 13.08.2014, reported in 2014 (6) CTC 13, the learned Judge went into the provisions of the Registration Act, 1908 and the Rules framed thereunder and came to the conclusion that the Circular was ultra vires the Act … as the first one. A Division Bench of this Court, to which one of us (VRSJ) was a party, dismissed the writ petition by an order dated 13.06.2014, pointing out the public interest sought to be protected … writ petition was dismissed by a learned Judge, by an order dated 21.03.2014. The operative portion of the said order reads as follows: "5. In

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Nov 26 2012

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

Court : Mumbai

Decided on : Nov-26-2012

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 … 19.7.2011 this court held that in view of sub-section 2 of section 21 of Code of Civil Procedure, the appellants could not have been permitted … 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

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Jan 22 1999

Shri Victor De Graca Pinto and Another Vs. Smt. Lourdes De Graca Pinto ...

Court : Mumbai

Decided on : Jan-22-1999

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 115 and 151 - Order 21, Rule 19; Indian Stamp Act, 1899 - Schedule 1 - Sections 35 - Article 45; Registration Act, 1908 - Sections 17(2)

Reported in : 1999(3)ALLMR39; 1999(3)BomCR441; (1999)1BOMLR704

the applicants relates to compulsory registration of decree/order of the Court in view of section 17(2)(vi) of the Registration Act, 1908. In this respect, reliance has been placed by learned Advocate for the applicants on Bhoop Singh v. Ram … fruits thereof. The instant case under consideration is an example of this state of affairs. A deed of partition was executed between the parties on 21-12-1989, by which the property, in question, was divided into three parts.

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Oct 24 2006

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

Court : Andhra Pradesh

Decided on : Oct-24-2006

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 … 7, 25, 38, 42 - 48, 52, 53 and 55 of TP Act and Sections 13, 15, 17, 21, 31 and 34 of the Specific Relief Act). Dealing with this aspect of the matter, one of us

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Nov 02 1993

Mahadeo Nathuji Patil Vs. Surjabai Khushalchand Lakkad and ors.

Court : Mumbai

Decided on : Nov-02-1993

Subject : ContractProperty

Reported in : (1994)96BOMLR846

10 of the aforesaid Supplementary Amending Act, 1929, the proviso was introduced in Section 49 of the Indian Registration Act, 1908 in which it was provided that unregistered documents affecting immovable property and required by the said Act or … Section 53-A of the Transfer of Property Act (for short, 'the Act') to maintain one's possession derived through part performance. In the case of Nanasaheb reported in AIR 1957 Bom. 138, the Division Bench of this Court … de hors the rules. In the instant case the Government Resolution dated 21.7.1983 held that the said pension scheme is only applicable to the employees

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Nov 05 2002

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

Court : Andhra Pradesh

Decided on : Nov-05-2002

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 … finding recorded by the Courts below as to the nature of Ex.A3. 21. It may be pointed out that the defendants never denied the lease … 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

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Jun 13 2011

Kutch Construction Industries and Rehabilitation Federation Vs. State ...

Court : Gujarat

Decided on : Jun-13-2011

Subject : Constitution

Acts : Constitution of India - Article 226; Bombay Stamp Act 1958 - Rules 3, 4, 7, 8; The Indian Trust Act 1985; The Society Registration Act 1908 - Section 32A; The Indian Stamp Act 1899 47A

a trust registered under the Indian Trust Act, 1985 and is also a society registered under the Society Registration Act, 1908. There are more than 100 individuals are members of the Federation and the petitioner No.1 is the President … and void and being inconsistent and incompatible with Articles 14, 19 and 21 of the Constitution of India and also ultra vires the provisions of … receipt of instrument under sub-section (1), a reasonable opportunity of being heard is to be given to the parties and Rule 8 of the Rules, 1984 postulates various factors to be taken into consideration while determining market

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Sep 12 2013

K. Anantha Rao S/O. K. Sriranga Rao Aged Vs. State of Andhra Pradesh R ...

Court : Andhra Pradesh

Decided on : Sep-12-2013

Subject : Land Acquisition

right in land to produce the title deed and pass book before the registering authority appointed under the Registration Act, 1908 along with the documents he proposes to get registered. It is further obligation under the said provision on … share in the property inherited from his ancestors apart from the said land. His brother has filed a partition suit in the Court of Additional District and Sessions Judge, Jagityal, Karimnagar, wherein his father is the first

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Aug 08 2008

Ram Sagar Devi Vs. Most Ghutru Devi @ Mahabati Devi and ors.

Court : Patna

Decided on : Aug-08-2008

Subject : PropertyCivil

findings:(i) Yaddasht (Ext. F) was unregistered and hence inadmissible in evidence in view of Section 17(1)(b) of the Registration Act, 1908 as by it, a right accrued by registered document was sought to be taken away,(ii) Plaintiff offered money … pay the amount fixed in the deed but the defendant was never ready and willing to perform his part of the said agreement.4. On the other hand, the defendant admitted the execution and registration of deed of … schedule-I land, after receiving Rs. 1,800.00 as per agreement of reconveyance dated 21.07.1978 on which date plaintiff had executed a sale deed in favour of

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Jul 07 2009

T. Yogaiah Naidu and anr. Vs. Mohd. Lateefullah Shareef

Court : Andhra Pradesh

Decided on : Jul-07-2009

Subject : CivilProperty

Acts : Evidence Act, 1872 - Sections 63(1) and 65; Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Sections 20 and 20(2); Indian Registration Act, 1908 - Sections 17, 89, 89(4) and 89(91); Land Improvement Loans Act, 1883; Agriculturists' Loans Act, 1884; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 16, Rule 6; Displaced Persons (Compensation and Rehabilitation) Rules, 1955 - Rule 90(15); Andhra Pradesh Registration Rules - Rules 113 and 118

Reported in : 2009(6)ALT181

registration, and once a sale certificate is required to be made part of Book No. 1, under the Registration Act 1908, the certificate is comparable to a sale deed. It is also her case that there is no requirement … prayer to permit them to lead secondary evidence, by filing a certified copy of the sale certificate, dated 21-01-1963. Obviously, with a view to prove the sale certificate, dated 21-01-1963, they filed I.A. No. 1158 of 2008,

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