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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 … of the property in law is entitled to the benefit of an obligation arising out of contract (Sections 39 and 40 of the TP Act); (iii) If the transfer is made by an ostensible owner (who on

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

Court : Karnataka Dharwad

Subject : Education

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 … 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

Sundrabai Sonba Tendulkar Vs. Ramabai Jayaram

Court : Mumbai

Subject : Property

Reported in : AIR1947Bom396; (1947)49BOMLR298

to an inquiry before registration by a registering officer which is indicated in Section 34 of the Indian Registration Act, 1908. According to Section 34(3)(b) the registering officer shall satisfy himself as to the identity of the persons appearing … answered the issue by saying that defendant No. 1 did not prove the same, and on the second part of the first issue he held that the gift-deed was not attested as required by Section 123 of … holding that the plaintiff had failed to prove that the document (exhibit 39) was attested as required by law. The plaintiff appeals.7. It is argued

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 the Act does not fall in any of the said exceptions. 39. The facts in the above case clearly show that since the suit

Puttalinganagouda @ Veeranagouda B Patil Vs. The Union of India

Court : Karnataka Dharwad

Subject : Education

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 … 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

Vasantha C. Kerur and Others Vs. B. Basavaraj and Others

Court : Karnataka

Subject : Land Acquisition

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.] In interpreting the above Section, the … the amended provisions of the HS Act, as amended by Act no. 39 of 2005, with effect from 9.9.2005, is prospective and would not be … in O.S.No.235/2009 on the file of the I additional District and Sessions Judge, Davanagere, decreeing the suit for partition and separate possession.) 1. This appeal is filed by the legal representatives of the plaintiff. The plaintiff is

Vasantha C Kerur Vs. B Basavaraj

Court : Karnataka

Subject : Land Acquisition

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.]. In interpreting the above Section, the … of Section 6 of the HS Act, as amended by the Act 39 of 2005. Point I (a) & (d) : It would be useful … in O.S.No.235/2009 on the file of the I additional District and Sessions Judge, Davanagere, decreeing the suit for partition and separate possession. This Regular First Appeal having been heard and reserved on 4-6-2015 and coming on for

Asset Reconstruction Company (india) Limited Vs. S.p. Velayutham

Court : Supreme Court of India

Subject : Land Acquisition

the Registering Authority to follow the mandate of law as prescribed in Sections 32 to 35 of the Registration Act, 1908 and that the Registrar failed to verify the deed of PoA dated 23.08.2006, before allowing registration of the … writ jurisdiction of the High Court is to ensure that statutory authorities 39 perform their duties within the bounds of law. It must be noted … Reconstruction Company (India) Limited, to whom the Indian Bank assigned the loans and the underlying security of a particular borrower, has come up with the above appeals challenging the judgment of the Division Bench of the High

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 … their case on that ground in the Court below, viz under Section 39 of the Indian Contract Act, but relief on their right to repudiate … 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

A. Jitendernath Vs. Jubilee Hills Coop. House Bld. Soc. and anr.

Court : Supreme Court of India

Subject : Trusts and SocietiesProperty

Acts : Andhra Pradesh Cooperative Societies Act, 1964 - Sections 61; Registration Act, 1908 - Sections 47; Andhra Pradesh Cooperative Societies Rules, 1964 - Rule 17; Constitution of India - Article 142

Reported in : 2006(4)ALT1(SC); JT2006(7)SC183; 2006(5)SCALE130

at the outset, submitted that the order the High Court as regards interpretation of Section 47 of the Registration Act, 1908 holding that the sale deed registered in favour of the said Srinivas by the First Respondent on 13.6.1991 … its letter dated 3.1.1990 declined to make any allotment in his favour. Questioning the said action on the part of the Society, the Appellant filed an application on 4.3.1990 before the Assistant Registrar of the Cooperative Society … 15.8.1977. It was not notified to the Society. A plot bearing No. 39 in Phase III in Jubilee Hills admeasuring 600 sq. yards was allotted