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Raj Prasanna Kondur Vs. Arif Taher Khan and ors.
Mumbai
Dec-23-2004
Tenancy
Maharashtra Rent Control Act, 1999 - Sections 7(5), 24, 43, 43(2), 43(3), 43(4), 44(1), 44(2), 47, 55, 55(1), 55(2) and 55(3); Registration Act, 1908 - Sections 17, 23 and 49; Bombay General Clauses Act, 1897 - Sections 27; Bombay General Clauses Act, 1897 - Sections 28; Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 - Sections 3; Constitution of India - Articles 227 and 254(2)
2005(4)BomCR383
it was contended that there was no valid registration of the agreement in terms of the provisions of Registration Act, 1908, and consequently, the agreement in question is not admissible in evidence, and therefore, no application under Section 24 … respect of the said proceedings in accordance with the provisions of Section 43 of the said Act as well as by the registered post. However, … rejecting the Application No. 19 of 2003 which was filed by the petitioner for setting aside the ex parte order of eviction of the petitioners from the suit premises.3. The respondent Nos. 1 and 2 are the
Tag this Judgment! AI Brief & AskIndian ChaIn Private Limited. Vs. Ajit NaIn and anr.
Kolkata
Jul-28-2014
Land Acquisition
been created by a mortgage deed (i.e.the Declaration dated 27.9.1994).it was compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908. The declaration being unregistered is inadmissible in evidence and in this regard he has referred to a decision … Rs.1 lac respectively. The defendants, thereafter, on repeated demands for payment of the balance amount, proposed to make partial payment of the amount due and, accordingly, had issued five post dated cheques of Rs.3 lacs each payable … referred to the evidence of Mr.Chitlangia, PW2 in answer to question Nos.40, 43-46, 49 and 50 where Mr.Chitlangia had denied payment of such outstanding loan
Tag this Judgment! AI Brief & AskPolepaka John Noel and ors. Vs. Andhra Bank
Andhra Pradesh
Mar-31-2006
Property
Indian Registration Act, 1908 - Sections 17; Transfer of Property Act, 1882 - Sections 58 and 59; Code of Civil Procedure (CPC) - Order 34, Rule 1; Constitution of India - Article 227
2006(4)ALD194
a case the document which constitutes the bargain regarding securing requires registration under Section 17 of the Indian Registration Act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one … RegistrationAct. In a latter case, in Pranjivandas Mehta v. Chan Ma Phee 43 Ind. App 122 : AIR 1916 PC 115, the Judicial Committee observed … deeds of his property with an intent to create a security the law implies a contract between the parties to create a mortgage and no registered instrument is required under Section 59 as in other classes of
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Vinjamuri Rajagopala Chary and Others Vs. Principal Secretary, Revenue ...
Andhra Pradesh
Dec-23-2015
Land Acquisition
registering and delivering the documents presented for registration in exercise of the powers under Section 22-A of the Registration Act,1908 (for short Registration Act ?). In those judgments, various directions have been issued by the learned single Judges, … are in (i) T.Yedukondalu v. Principal Secretary to Government (2011 (4) ALD 43) [W.P.No.27752 of 2009 decided on 15.03.2011 by Hon'ble Sri Justice P.V.Sanjay Kumar], … Full Bench, has been passed by a Division Bench at the request of the learned counsel for the parties having regard to few judgments of the learned single Judges disposing writ petitions, assailing inaction of registering authorities
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 … 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 & AskWoodland Manufacturers Ltd. Vs. Shankar Prasad Garga
Kolkata
Sep-12-2014
Land Acquisition
metes and bounds and without a deed showing the separation of status and partition being registered under the Registration Act, 1908 in respect of an immovable property valued in excess of Rs.100/- in view of Section 17 thereof. In … Private Limited claims that it purchased shares in respect of such property. For the purpose of convenience, the parties to the five suits are identified by their names. C.S. No.501 of 1976 is the first suit in … answers given by Mr. Poddar to question Nos. 413 to 425 and 430 to 431 and submits that, even according to Poddar, there was no
Tag this Judgment! AI Brief & AskAsset Reconstruction Company (india) Limited Vs. S.p. Velayutham
Supreme Court of India
May-04-2022
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 … Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered … 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
Tag this Judgment! AI Brief & AskSmt Ismailbee Vs. Mehtab Saheb
Karnataka Kalaburagi
Oct-22-2020
Land Acquisition
to the registration or delivery of possession apply. 3125. In view of amendment to Section 49 of the Registration Act, 1908 brought about by an amending Act No.21 of 1929, which by inserting in Section 49 of the Registration … (ii) xxx xxx xxx (iii) xxx xxx xxx (iv) xxx xxx xxx 43 (v) any document not itself creating, declaring, assigning, limiting or extinguishing any … THE JUDGMENT AND DECREE DATED:20. 09.2006 PASSED BY THE LEARNED III ADDL. CIVIL JUDGE (SR.DN.), GULBARGA IN R.A.NO.58/2006, PARTLY SETTING ASIDE THE JUDGMENT AND DECREE DATED:04.02.2006 PASSED BY THE LEARNED V ADDL. CIVIL JUDGE (JR.DN). GULBARGA, IN
Tag this Judgment! AI Brief & AskMahadeo Nathuji Patil Vs. Surjabai Khushalchand Lakkad and ors.
Mumbai
Nov-02-1993
ContractProperty
(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 … a Special Committee in accordance with the Legislative Department Resolution No. F. 43 27-G dated 25th April, 1927. The Statement of Objects and Reasons of
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 … authority to compromise was not impaired by the death of the principal. 43. But in a later case in Missouri v. Walker (125 U.S.339) the … 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
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