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Arethia Sava Vishram Vs. Mah Hari Bhuva

Court : Gujarat

Subject : Property

Acts : Registration Act, 1908 - Sections 23 and 32; Bombay Agricultural Debtors' Relief Act, 1947 - Sections 32 (5), 38 and 46G

Reported in : AIR1967Guj222; (1966)GLR396

46-G of that Act also provided that except as provided in the Act, the provisions of the Indian Registration Act, 1908 shall mutatis mutandis apply to the registration of awards and that therefore the combined effect of Sections 58 … of the Section 38 as to whether the Court should sent it direct for registration or whether the parties had to get it registered. By virtue of the substitution of Section 38 and by the insertion of

Sri K S Basavanagowda Vs. Sri Prahlada Rao

Court : Karnataka

Subject : Land Acquisition

this Court?. (ii) Whether the Court below has committed an error in not considering Section 28 of the Registration Act, 1908 and whether it requires interference of this Court?. (iii) What order?. Point No.(ii):32. The main contention of the … O.S.No.7102/2009 and O.S.No.7174/2009, respectively on the file of the XLI Additional City Civil Judge, Bangalore (CCH- No.42).2. The parties are referred to as per their original rankings before the Court below to avoid the confusion and for … one witness as D.W.2 and got marked the documents at Exs.D.1 to 38.17. The Court below after hearing the arguments of the plaintiff counsel and

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 … of property whether movable or immovable' (Sections 5 - 34). Part-B deals with 'Transfer of immovable property' (Sections 38 to 53A). A transfer as defined by Section 5 of TP Act is conveyance of property by one

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 … and 'KCS Rules' respectively). They are aggrieved of the amendment to Section 38 by inserting proviso to the KCS Act by Act No. 6 of

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 … decide the above controversy we would advert to some relevant provisions. Order 38 Rule 5 C.P.C. which provides the conditions for attachment before judgment reads

Puttalinganagouda @ Veeranagouda B Patil and Others Vs. The Union of I ...

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

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Subject : Arbitration

with a document, which is compulsorily registerable but which is not registered. Under Section 49 78 of the Registration Act, 1908, an unregistered document may be used for proving a collateral transaction. Even this is impermissible, if the document … QUESTION UNDER THE CAPTION ‘VALIDITY OF AN ARBITRATION AGREEMENT IN AN UNSTAMPED AGREEMENT’................................................... 5 D. SUBMISSION OF THE PARTIES ....................................................................................................... 15 E. ANALYSIS ....................................................................................................................................... 29 F. THE ACT ......................................................................................................................................... 30 G. WHAT LED TO THE INSERTION OF … IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 3802-3803 OF2020M/S. N.N. GLOBAL MERCANTILE PRIVATE LIMITED … APPELLANT(S) VERSUS M/S. INDO UNIQUE

Rajambal Vs. the Inspector General (Registration) and ors.

Court : Chennai

Subject : Registration

Acts : Registration Act, 1908 - Section 34 (1); Tamil Nadu Patta Pass Book Act, 1987 - Section 5; Indian Registration Act, 1908; Constitution of India - Article 246(2)

made in the impugned order. Therefore, it is necessary to have a look at the provisions of the Registration Act, 1908, the Registration Rules, Tamil Nadu Registration Rules 1983 and the Tamil nadu Patta Pass Book Act. THE ROLE … executant of a document who is examined under a commission under Section 38 of the Act is reported by the Commissioner to be a minor, … conducted under Section 35 is also limited only to the question of finding out the identity of the parties and the admission or denial of execution of the document. The Registering Officer may also conduct an enquiry

Mahadeo Nathuji Patil Vs. Surjabai Khushalchand Lakkad and ors.

Court : Mumbai

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 … of an agreement of sale of the said field dated 20-5-1974 (Ex. 38) executed by the husband of the respondent No. I by name Khushalchand

Dattatreya Shanker Mote and ors. Vs. Anand Chintaman Datar and ors.

Court : Supreme Court of India

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 5, 8, 12, 13, 17, 38, 48, 50, 54, 58, 100, 105, and 118; Registration Act - Sections 48; Specific Relief Act, 1877 - Sections 27; Code of Civil Procedure (CPC) - Sections 11 - Order 21, Rule 66 - Order 34, Rules 4, 6, and 15

Reported in : (1974)2SCC799; [1975]2SCR224

to effecting a transfer of an interest or ownership in a specific immoveable property.27. Section 48 of the Registration Act, 1908, as it now emerges after the amendment Act 21 of 1929, gives a priority to an oral agreement … 27, 28, 31 and 33 are like Sections 11 and 13. Section 38 again clearly refers to the transfer of the whole of the interest … more fact that a specific immoveable property becomes the subject-matter of a decree subsequently by agreement of the parties will not justify a claim for protection under Section 52. If the charge has been created by consent