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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 … which is presented before the Registering Officer as a document optionally registrable. According to the learned counsel, Section 35 of the Registration Act contemplates only two situations when the Registering Officer can refuse a registration and the

Avinash Kumar Chauhan Vs. Vijay Krishna Mishra

Court : Supreme Court of India

Subject : Civil

Acts : Indian Stamp Act 1899 - Sections 2(15), 2(23), 3, 21, 32, 33, 33(2), 35, 36, 38 and 47a - Schedule - Article 23; Indian Registration Act, 1908 - Sections 17 and 49; Merchant Shipping Act, 1894; Indian Registration of Ships Act, 1841; Special Economic Zones Act, 2005 - Sections 2; Transfer of Property Act, 1882 - Sections 17; Specific Relief Act, 1877; Constitution of India - Article 227

Reported in : 2009(2)ALT19(SC); 2009(2)AWC1272(SC); 2009(6)BomCR334; (2009)2GLR1202(SC); JT2009(1)SC656; 2009(4)MhLJ349(SC); 2009(3)MPHT6(SC); 2009(1)SCALE80; (2009)2SCC532; 2009AIRSCW979; 2008(17)SCR944; 2009(1)LHSC360; 2009(3)KCCRSN91; MANU/SC/8502/2008

document has nothing to do with the validity thereof as provided for under the provisions of the Indian Registration Act, 1908.17. We have noticed heretobefore that Section 33 of the Act casts a statutory obligation on all the authorities … S.B. Sinha, J.1. Leave granted.2. Interpretation of Sections 33 and 35 of the Indian Stamp Act 1899 (for short `the Act') calls for … rest of the amount of Rs. 181050 be deposited within the next date of hearing and the Opposite Party shall also file its counter reply by the next date of hearing.6. As noticed hereinbefore the High Court

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 … the decree that the pedigrees were filed is evidence either under Section 35 as an entry in a public record, or under Section 13 as

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

Court : Chennai Madurai

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 … specific provisions incorporated in the Registration Act, 1908, more particularly Sections 23, 35(1)(c) and 35(3)(c) were not even taken into account in the Circular on … 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

Appourva J.Patel. Vs. the Inspector General of Registration and ors.

Court : Chennai

Subject : Property

Acts : Registration Act, 1908 - Section 73, 74, 36, 34(1), 35(3), 36, 77; Tamil Nadu Stamp (Prevention of Under-valuation of Instruments) Rules 1968 - Rule 3(1-A); Constitution of India - Articles 226; Indian Stamp Act, 1899 - Section 2(12); Evidence Act, 1872 - Section 68, 70, 71

should proceed with further action.(iv) Thereafter, the third respondent filed an appeal purportedly under Section 73 of the Registration Act, 1908, as against the order dated 21.10.2010 passed by the second respondent under Section 36 of the Act. Taking … portion of the judgment of Viswanatha Sastri, J., is as follows:-"Under Section 35, Registration Act, a Registrar is bound to register a document if the … Section 36 of the Act. Taking up the same on file, the second respondent issued notices to both parties, calling upon them to appear for an enquiry.(v) The petitioner submitted preliminary objections to the notice issued by

The Sub Registrar Amudalavalasa Vs. M/s Dankuni Steels Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

or development of Industries. NOTIFICATION - II In exercise of the pówers conferred under Section 78 of the Registration Act, 1908 (Central Act XVI of 1908), the Governor of Andhra Pradesh hereby makes the following amendment to the "Table … in C.A. No.1202 of 2004 as stated in Clause E (supra), we may notice the prayers and relevant part of the order. They read as under: “Application under Section of the Companies Act, 1956 R/W Rule 9 … (1), call for an examine the instrument for the purpose of satisfying 35 himself as to the correctness of the market value of the property

K. Chidambara Manickam Vs. Shakeena and ors.

Court : Chennai

Subject : PropertyBanking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(4), 13(6), 13(8), 17, 35 and 37; Transfer of Property Act, 1882 - Sections 2, 54, 57 and 60; Registration Act, 1908 - Sections 10(2), 17, 17(1) and 17(2); Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Security Interest (Enforcement) Rules 2002 - Rule 9 and 9(7); Constitution of India - Article 226

Reported in : AIR2008Mad108; [2009]152CompCas196(Mad)

not come to end by issuance of a sale certificate. But, after considering the relevant provisions in the Registration Act, 1908, we are not in agreement with the conclusion arrived by the learned single Judge in allowing the writ … 3 has submitted that the provisions of SARFAESI Act, as per Section 35, shall have effect notwithstanding anything inconsistent therewith contained in any other law … SARFAESI Act to set aside the sale and the sale would become final and is binding on the parties.5.1 The learned Counsel for the borrowers has submitted that even prior to the issuance of the sale certificate

Dr. Yadla Ramesh Naidu Vs. Sub-registrar, Sabbavaram and ors.

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956 - Sections 4; Right to Information Act (RTI), 2005 - Sections 6; Registration Act, 1908 - Sections 17, 19, 20, 21, 22A, 34, 34(3), 35, 71, 72 and 81; Andhra Pradesh (Andhra Area) Inams Abolition Act - Sections 4; Transfer of Property Act, 1882; Andhra Pradesh Registration Rules - Rules 26, 58 and 63

Reported in : 2009(1)ALT256

a document is presented for registration, respondent No. 1, namely the registering authority, under the provisions of the Registration Act, 1908 (for short 'the Registration Act'), is not empowered to go into title disputes, except to the extent of … registered by respondent No. 1.9. He contended that under Sections 34(3)(b) and 35 of the Registration Act, when a document is presented for registration, respondent … to go into title disputes, except to the extent of verifying the genuineness of the persons who are party to the document that has been presented for registration, has no other option, but to receive and register

Smt. Bolleddula Lakshmi Devi Vs. Bolleddula Papanna and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Stamp Act - Sections 35; Registration Act, 1908 - Sections 17 and 49; Code of Civil Procedure (CPC) - Sections 114 - Order 47, Rule 1

Reported in : 2003(3)ALD50; 2003(3)ALT513

under Section 35 of the Indian Stamp Act for collateral purpose under proviso to Section 49 of the Registration Act, 1908.10. The Civil Revision Petition is accordingly allowed. No order as to costs. Civil - insufficiently stamped document - … of 1991 on the file of the learned Senior Civil Judge, Nandyal. The said suit is filed for partition and separate possession of the petitioner's share in the suit schedule properties.2. It is evident from the record

Puttalinganagouda @ Veeranagouda B Patil Vs. The Union of India

Court : Karnataka Dharwad

Subject : Education

this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is … to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 … and subsequent part of Amended Section 6(1). Unfortunately clause (b) conferring rights 35 in coparcenary property on daughters was not referred to in Vaishali Ganorkar’s