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K.R. Varadaraja Iyengar Vs. T. Lakshminarayana Setty

Court : Karnataka

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 40 and 58; Registration Act, 1908 - Sections 47

Reported in : ILR1985KAR1268; 1985(2)KarLJ89

was held against the defendants. On the admitted and undisputed facts, in accordance with S. 47 of the Registration Act, 1908 the mortgage deed had taken effect from the date of execution by operation of law and therefore, the … at 12% p.a. Before the registration of the deed of mortgage, the said defendants 1 and 2 sold part of the mortgaged property to defendants, among others, by separate sale deeds on July 21, 1949. On that … had been put up on those sites at a cost of Rs. 40,000/-. In the circumstances, they contended that the purchases had been made from

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 … 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 the face

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 … 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

Veena Singh(dead) Through Lr Vs. The District Registrar/ Additional Co ...

Court : Supreme Court of India

Subject : Land Acquisition

that: ―31. When cancellation may be ordered.- [...]. (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 … recourse by the Second Respondent ............................... 27 C.3 Meaning of ―execution‖ ............................................................................ 33 D Conclusion ..................................................................................................... 61 2 PART A A Introduction 1 This appeal has arisen from a judgment dated 31 May 2018 of a Single … decide which of these two interpretations should be adopted by this Court. 40 The first interpretation of ―execution‖ is supported by the definition provided in

Association of Commerce House Block Owners Ltd. Vs. Vishandas Samaldas ...

Court : Mumbai

Subject : Civil

Acts : Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Sections 4, 7 and 7(1); Contract Act, 1872 - Sections 56; Registration Act, 1908 - Sections 23 to 26, 28 to 31 and 32

Reported in : (1981)83BOMLR339

who are to take or have taken such flats, and the agreement shall be registered under the Indian Registration Act, 1908 and such agreement shall contain the prescribed particulars; and to such agreement there shall be attached such documents … No. 1, who is the promoter, and the construction was completed finally in 1961, though most of the part of the construction was completed in 1959. Prior to the owners of the Blocks in the Commerce house … flat purchaser and the intervals at which instalments thereof may be paid. 40. If we carefully read the provisions of section 4, it will be

Gohil Amarsing Govindbhai (Decd.) by L.Rs. Vs. Shah Mansukhlal Chhagan ...

Court : Gujarat

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 12; Registration Act, 1908 - Sections 17(1), 17(1A) and 49; Registration Gujarat (Amendment) Act, 1982

Reported in : AIR2003Guj78

record that agreement to sale dated 29-12-1962 is not registered. By the Registration (Gujarat Amendment) Act, 1982, the Registration Act, 1908 is amended and now such documents are required to be registered. By inserting Clause (aa) in Sub-section (1) … judgment and decree dated 31st March, 1978 passed in Civil Appeal No. 40 of 1977 by the learned 2nd Extra Assistant Judge, Baroda, whereby the … the conclusion that the amount of Rs. 900.00 was paid by the defendant to the plaintiff and, hence, partly allowed the suit of the plaintiff and directed the defendant to hand over the possession of the suit-house

Dr. (Miss) Chandrakanta Rohatgi Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Subject : Direct Taxation

Reported in : (1986)16ITD243(All.)

It was submitted before him that no legal formalities under the Transfer of Property Act, 1882 and Indian Registration Act, 1908, needed to be complied with in the present case. The ITO observed that under the general principles of … whereas I have been carrying on practice in medical profession for over 40 years; and whereas during my long career in medical profession under the … charitable purposes of rendering medical services and relief to the poor and weaker sections of the society in particular and the public in general. The said dedication was made in favour of the aforesaid Chandrakanta Jawaharlal Public

State Bank of India and Others Vs. State of Maharashtra, through the S ...

Court : Mumbai

Subject : Land Acquisition

section 30A in the Act. Then, Annexure B onwards is an extract of the relevant provisions of the Registration Act, 1908. It is then stated that the office of the Inspector General of Registration and Controller of Stamps, Maharashtra … 2013, issued by respondent No.2 which is annexed as Exhibit-C at page 40 to the petition on the ground that it is in direct conflict … expected to be aware of or know the appropriate stamp duty payable on any instrument executed on a particular date in the past, which could be as early as the year 1959 when the Stamp Act came

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 … the violations do not shock the conscience of the Court. Lack of 40 jurisdiction is completely different from a refusal to exercise jurisdiction.54. In the … 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

C.Radhakrishnama Naidu and Oth Vs. The Government of andhra Pradesh,re ...

Court : Andhra Pradesh

Subject : Land Acquisition

Rc.No.N1/27520/2009 dated 19.04.2010 forwarded by the Commissioner Endowments/2nd respondent to the 4th respondent under Section 22-A of the Registration Act, 1908 (for short the Act) prohibiting registration of documents of properties covered by the list appended to the letter … appellate or the revisional power exercised by the High Court under Section 40 of the Act as the case may be. The section enables passing … petitioners in these writ petitions are different individuals and the respondents are common. The pleadings set out by parties in W.P.No.24587 of 2014 are referred to and would suffice for the disposal of this batch of writ