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Dattatreya Shanker Mote and ors. Vs. Anand Chintaman Datar and ors.
Supreme Court of India
Oct-03-1974
Property
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
(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 … whole of the interest in a property. So do Sections 39, 40, 41. 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, … 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
Tag this Judgment! AI Brief & AskYanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.
Andhra Pradesh
Oct-24-2006
Property
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
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 … 882, 979, 980 and 981 of 2006, all the petitioners purchased various extents of lands out of Acs. 41.34 guntas in survey Nos. 262 to 271, 272, 272/1, 273 and 274 situated Puppalguda village of Rajendranagar Mandal
Tag this Judgment! AI Brief & AskUsha Arvind Dongre Vs. Suresh Raghunath Kotwal
Mumbai
Dec-11-1989
Trusts and SocietiesArbitration
Registration Act, 1908 - Sections 17(1); Maharashtra Co-operative Societies Act, 1960 - Sections 14; Maharashtra Co-operative Societies Rules, 1961 - Rule 10
1990(3)BomCR389; (1989)91BOMLR233
looked at by the Court because, according to him, the award requires registration under section 17(1)(b) of the Registration Act, 1908. Since the award has not been so registered the award is bad in law and can confer no … cannot have any application to such an award.9. In fact under section 41 of the Maharashtra Co-operative Societies Act, 1960 it is provided as follows … the respondent as her only heirs and legal representatives under the provisions of Hindu law by which the parties are governed. Thereafter disputes and differences arose between the petitioner and the respondent relating to the distribution of
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Sundrabai Sonba Tendulkar Vs. Ramabai Jayaram
Mumbai
Aug-02-1946
Property
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 … took the gift-deed and handed it over to the Sub-Registrar. Shivram (exhibit 41), who is the writer of the deed, says that the Sub-Registrar and
Tag this Judgment! AI Brief & AskEast City Defence Personnel Welfare Association Vs. District Collector ...
Andhra Pradesh
Apr-25-2002
PropertyCivil
Registration Act, 1908 - Sections 22A and 72; Bhoodan Act - Sections 12 and 15; Andhra Pradesh (T.A.) Land Revenue Act, 1317-Fasli; Agricultural Land Accessment Act; Andhra Pradesh Assigned Lands Prohibition of Transfer Act, 1977
2002(6)ALD41
through the third respondent and they relied on Rule 9 of Bhoodan Rules and Section 22-A of the Registration Act, 1908 to justify the impugned action of respondents not to register any lands in Rangapur Village.11. Bhoodan Board also … respondent the plots comprised in S. Nos. 1 to 27, 29 to 41, 43 to 68, 70 to 74 and 79 to 87 of Rangapur … learned Judge also observed that the High Court has not decided the dispute as to title between the parties and it was open to Bhoodan Board or any aggrieved party for any adjudication of dispute and title.
Tag this Judgment! AI Brief & AskManaging Committee Vs. T. Sesha Reddy and anr.
Andhra Pradesh
Dec-28-2001
PropertyCivil
Evidence Act - Sections 64 and 90; Registration Act, 1908 - Sections 57 and 57(5); Land Acquisition Act - Sections 51A and 65
2003(4)ALT383
by any other law in force in India, to be given in evidence.' 12. Section 57 of the Registration Act, 1908 enables anyone to apply for a copy of the entries in Book No. 1 (the said Book is … his sister and this land was sold under Ex.A-1 to the Plaintiff. 41. It is also to be noted in this regard that under Ex.A-11, … 1983. 3. O.S. No. 604 of 1983 was filed by M/s Saradhi Engineering Corporation represented by its Managing Partner K.P. Reddaiah along with Alia Begum and Akeela Begum seeking permanent injunction restraining the defendants and the associates
Tag this Judgment! AI Brief & AskM/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...
Supreme Court of India
Apr-25-2023
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 … referring to the Judgment in SBP (supra) and the views expressed in 41 National Insurance (supra), the Law Commission, inter alia, submitted the following recommendations: … 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
Tag this Judgment! AI Brief & AskVeena Singh(dead) Through Lr Vs. The District Registrar/ Additional Co ...
Supreme Court of India
May-10-2022
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 … one C P Singh. During his life time, he had alienated approximately 415 square yards of the land to four distinct persons. After his death,
Tag this Judgment! AI Brief & AskThe Cosmos Co. Operative Bank Ltd. versus Central Bank of India & ...
Supreme Court of India
Feb-04-2025
Land Acquisition
[2025]2S.C.R.1091
persons who are to take or have taken such flats, and the agreement shall be registered under the Registration Act, 1908 (hereinafter in this section referred to as “the Registration Act”) and such agreement shall be in the prescribed … the English Law and under the Transfer Of Property Act, 1882 ............................................... 41 E. CONCLUSION .................................................................. 58 1. Leave granted. 2. This appeal arises from … ‘charge’ under Section 100 of the TPA - Charge created by equitable mortgage will be enforceable against third parties as far as possible in terms of the procedure applicable to a simple mortgage, except against bona fide
Tag this Judgment! AI Brief & AskMeenachil Panchayat Vs. Sivasankara Marar
Kerala
Mar-27-2003
Civil
Registration Act, 1908 - Sections 17(2); Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 5
2003(2)KLT914
bonds were executed in favour of the court and not any particular person. Under Section 17(2)(vi) of the Registration Act, 1908, the decrees and orders of the court are exempted from registration. On the other hand, learned counsel for … Revision Petitions have been filed.2. The contention of the petitioners is that the execution of the bonds is part of the judicial proceedings and that they are not liable to be registered. According to them, the bonds … the question whether a bond executed as per the provisions under Order 41 Rule 5 of CPC is liable to be registered, in the decision
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