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East 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 … was held;The provisions of the Motor Vehicles Act and in particular Sections 42 and 59 clearly debar all holders of permits including the State Road … 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 & 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 … procedure for instruments which have been impounded, and sub-section (1) of Section 42 requires the instrument to be endorsed after it is duly stamped by … 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 & AskSecurities Exchange Board Of India Vs. Franklin Templeton Trustees Ser ...
Karnataka
Oct-24-2020
Land Acquisition
further provide for execution of written instrument of trust deed duly registered under the provisions of the Indian Registration Act, 1908 and the provisions thereof must be in consistent with the Regulations.135. He submitted that the words “repaying the … and for distribution of proceeds to unit-holders in a fair, orderly and 42 equitable manner in accordance with the process prescribed under Regulation 41 of … Pratap Venugopal, Shri Nithin Prasad, Shri Vidur Nair and Shri T. Suryanarayana - Advocates of M/S King and Partridge - through Video Conferencing]. 2 And:1. Franklin Templeton Trustees Services Pvt. Ltd Having its Registered Office at Indiabulls
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Veena 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 … against the proprietors of the second respondent for offences punishable under Sections 420, 467, 468, 471 and 506 of the Indian Penal Code 1860. Subsequently,
Tag this Judgment! AI Brief & AskSadbuddhi Brahmesh Wagh and ors. Vs. Satish Raghvendra Wagh and ors.
Mumbai
Nov-28-2003
Arbitration
Arbitration Act, 1940 - Sections 21 and 24
2004(2)ALLMR416; 2004(3)BomCR98; 2004(1)MhLj890
of society. It provides that Clauses (b) and (c) of Sub-section (1) of Section 17 of the Indian Registration Act, 1908 shall not apply to any instrument relating to shares in a society, notwithstanding that the assets of the … Vinayakrao, whether by the writing dated 1-2-1976 they gifted away the property to him (Raghvendra) or they wanted part of sale proceeds. Raghvendra is said to have constructed buildinotjierthe said plot in the year 1981 and transferred … and Ors. v. Juvansinhi Shivubha Jadeja, : AIR1980Guj62 with reference to Section 42 of Gujarat Co-operative Societies Act which is identical to Section 41 of
Tag this Judgment! AI Brief & AskK. Chidambara Manickam Vs. Shakeena and ors.
Chennai
Aug-10-2007
PropertyBanking
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
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 … 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 … on 19-12-2005, in which the appellant has offered highest amount of Rs. 42,51,000/-, which was accepted and he paid 25% and on 4-1-2006, he paid
Tag this Judgment! AI Brief & AskDattatreya 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 … of the interest in a property. So do Sections 39, 40, 41. 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, and … 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 & AskThe Inspector General of Registration, Pattinapakkam, Chennai and Anot ...
Chennai Madurai
Nov-30-2015
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 … to the meaning of the words power coupled with an interest ?. 42. In Jeffries, Adminstrator v. The Mutual Life Insurance Company (110 U.S. 305), … 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
Tag this Judgment! AI Brief & AskManik Majumder Vs. Dipak Kumar Saha (d) Thr. Lrs.
Supreme Court of India
Jan-13-2023
Land Acquisition
produced. The learned trial Judge also came to the conclusion that the provisions of Section 33(1)(c) of the Registration Act, 1908 have not been complied with, when according to the plaintiffs the alleged PoA was executed at Kumilla, East … That original plaintiff No.2 allegedly constructed a godown at the rear end of the grocery shop in another part of ‘Schedule A’ property (‘Schedule C’ property). It was the case on behalf of the plaintiffs that 2 … “British”. 3 The words “of His Majesty or” omitted by the A.O.1950. 42 (2) Appearances under sub-section (1) may be simultaneous or at different times.
Tag this Judgment! AI Brief & AskG. Chikkapapanna Alias G.C. Papanna Vs. Smt. Kenchamma (Deceased) by L ...
Karnataka
Jun-19-1998
Property
Transfer of Property Act, 1882 - Sections 54; Evidence Act, 1872 - Sections 3, 62, 63, 64, 65, 66, 74(2), 76, 77, 90 and 114; Registration Act, 1908 - Sections 57 and 61(2); Code of Civil Procedure (CPC), 1908 - Order 26, Rule 10-A; Trusts Act, 1882 - Sections 3 and 6; Uttar Pradesh Civil Laws (Amendment) Act, 1954; Hindu Succession Act, 1956 - Sections 14; Benami Transactions (Prohibition) Act, 1988 - Sections 4(1) and (2); Land Acquisition Act, 1894 - Sections 51-A
ILR1998KAR3450; 1998(5)KarLJ360
document. The original has to be returned to the party (see sub-section (2) of Section 61 of the Registration Act, 1908). A similar argument would appear at one time to have had some acceptance in India, but it involves … rights of full ownership therein with possession.7. The Trial Court on the basis of the pleadings of the parties framed the following issues.-1. Whether plaintiff proves that first defendant and her brother T.B. Borajjannah jointly executed a
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