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Mahadeo 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 … steps meticulously and effectively to achieve the ultimate result of the contract.Sections 46 and 47 of the Contract Act deal with the time and place
Tag this Judgment! AI Brief & AskVasantha C Kerur Vs. B Basavaraj
Karnataka
Jun-09-2015
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 … 54 years R/a Dodda Bathi Davanagere Taluk 3. B.Giri Raj Aged about 46 years R/a Dodda Bathi Davanagere Taluk 4. Devamma W/o A.R.Basavarajappa S/o Siddalingappa … 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
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 … 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 … 1998 for various offences punishable under Section 120B read with Sections 420, 467, 471 etc., and Section 13(2) read with Section 13(1)(c) and 13(1)(d) of
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Smt. Gomti and ors. Vs. Rameshwardas and ors.
Rajasthan
Nov-18-1970
PropertyCivil
Marwar Registration Act, 1934 - Sections 32, 36, 60 and 87; Registration Act, 1908 - Sections 32, 36 and 58; Hindu Law
AIR1971Raj211; 1970(3)WLN626
Sub-Registrar, Barmer.' 6. The Marwar Registration Act, 1934 which governs the case is almost identical with the Indian Registration Act. 1908. Sections 34, 35 and 36 of the Mar-war Registration Act run as follows:--'34. (1) Subject to the provisions … BarmerS/d- Bhaniram Pannalalanir/o Barmer.This document has been entered today, the 4th Feb. 46 at Section No. 63 of Bahi No, 1, Vol. No. 19 at … No. 2 Nenuram alone filed a written statement while the other defendants allowed the suit to proceed ex parte against themselves. Bhanu Ram, defendant, gave evidence as witness for Nenuram, defendant No. 2, and Jai Narayan cross-examined
Tag this Judgment! AI Brief & AskUdaya Naik Vs. Lokanath Naik and ors.
Orissa
Apr-27-1954
Tenancy
Tenancy Law; Central Provinces Tenancy Act, 1898 - Sections 46(3), 46(5), 47(1) and 95; Transfer of Property Act, 1882 - Sections 3 and 123; Code of Civil Procedure (CPC) , 1908 - Sections 9
AIR1954Ori195; 20(1954)CLT407
thought that 'the law for the time being in force regulating the registration of documents' is the Indian Registration Act, 1908 only. But there is no justification for limiting that expression only to that Act. Sub-section (5) of Section … the relevant sections for consideration are Sub-sections (3) and (5) of Section 46 of that Act and Section 47(1) of that Act. They are reproduced … would suffice for the disposal of the appeal. Plaintiff No. 2 and defendant No. 2 are not necessary parties.3. The disputed property is situate in that portion of Sambalpur district where the Central Provinces Tenancy Act 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 … has in the property which forms the subject matter of the agency. 46. Section 202 does not stipulate that the termination of agency by 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
Tag this Judgment! AI Brief & AskShailesh Textile Industries Vs. the Chief Controlling Revenue Authorit ...
Gujarat
Sep-15-1993
CivilCommercial
Bombay Stamp Act, 1958 - Sections 2, 31, 32, 33, 34, 37, 53(1), 54(1A), 56(2), 57, 68, 68(1) and 68(2) - Schedule - Articles 7, 25, 27, 40 and 45; Comptroller and Auditor General (Duties, Powers and Conditions of Service) Act, 1971 - Sections 16; Transfer of Property Act, 1882 - Sections 58, 59 and 70; Evidence Act, 1972 - Sections 92; Indian Registration Act, 1908 - Sections 17, 17(1) and 32A; Indian Income-tax Act, 1961 - Sections 230A(1); Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Indian Income-tax Act, 1922; Wealth-tax Act, 1957; Expenditure-tax Act, 1957; Gift-tax Act, 1958; Super Profits Tax Act, 1963; Companies (Profits) Surtax Act, 1964
AIR1994Guj153
duty with which in his judgment, the instrument is chargeable. Section 32A enables any officer registering under the Registration Act, 1908, an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney as well as any … Pledge (No. 6), Bottonry Bond (No. 16), Mortgage of a Crop (No. 46), Respondentia Bond, Bond (No. 59) or Security Bond (No. 60).(a)When possession of … the Collector of Stamps, Surat. 2. FACTS :- The applicant -- M/s. Shailesh Textile Industries is a registered partnership firm and carries on business in textile through its 7 partners. The applicant-firm wanted to avail of loan
Tag this Judgment! AI Brief & AskGovindasamy Mudaliar Vs. Rasu Mudaliar
Chennai
Nov-19-1934
Land Acquisition
156Ind.Cas.791
should be confined to the actual subject-matter of the suit; then turning to the Indian Registration Act of 1908 and considering the meaning of the word 'decree' Section 17(2)(vi) they further held that there was no reason … Rao, J.1. The question raised in this case relates to the construction of Section 17(2)(vi) of the Indian Registration Act. Under the clause as it originally stood, 'decree and orders of Courts and awards' were excepted from registration; … Hementa Kumari Debi v. Mindapur Zemindari Co. 53 Ind. Cas. 534 : 46 I.A. 240 : 47 C. 485 : 11 L.W. 301 : 37 … that where a suit is adjusted by a lawful agreement between the parties, the proper course is to recite the agreement in the decree or
Tag this Judgment! AI Brief & AskC. Chinnappa and Another Vs. H.N. Bhavani Natesh and Another
Karnataka
Jul-02-2015
Land Acquisition
regard to the under-valued instruments of conveyance. Sub-section (1) of Section 45-A enables the registering officer under the Registration Act, 1908, to impound the document presented for registration if he is of the opinion that valuation is not properly … and not the endorsement made thereupon at a subsequent stage.' 21. Section 46 of the Karnataka Stamp Act, 1957, contemplates about the recovery of duties … of petition filed under Article 227 of the Constitution of India. 4. Heard the learned counsel for the parties. 5. The points that arise for consideration is as follows: (1) Whether the learned trial judge is justified
Tag this Judgment! AI Brief & AskVasantha C. Kerur and Others Vs. B. Basavaraj and Others
Karnataka
Jun-09-2015
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 … 20 December 2004, when the Amendment Bill was introduced in Rajya Sabha. 46. Learned counsel for the appellants submitted that Section 3 of the Amendment … 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
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