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Dec 23 2004

Raj Prasanna Kondur Vs. Arif Taher Khan and ors.

Court : Mumbai

Decided on : Dec-23-2004

Subject : Tenancy

Acts : 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)

Reported in : 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 … filed by the petitioner. Drawing attention to Section 24 read with Section 55 of the said Act and further to the fact that the agreement … 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

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Oct 24 2006

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Decided on : Oct-24-2006

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 … between the parties and does not in itself create any interest in or charge of such property. Section 55 of TP Act contains the rights and liabilities of buyer or seller, which govern the sale as well

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Jul 23 1968

Leela Dhundiraj Divekar Vs. E.C. Shinde and anr.

Court : Mumbai

Decided on : Jul-23-1968

Subject : PropertyCivil

Acts : Suits Valuation Act, 1887 - Sections 8 and 9; Registration Act, 1908 - Sections 72, 77 and 78; Code of Civil Procedure (CPC), 1908 - Sections 15; Bombay City Civil Court Act, 1948 - Sections 3; Transfer of Property Act, 1882 - Sections 8; Registration Act, 1877 - Sections 77; Limitation Act, 1877 - Sections 6 and 7; Code of Criminal Procedure (CrPC) , 1898 - Sections 417 and 417(3); Limitation Act, 1908 - Sections 5 and 29(2); Indian Stamp Act, 1899 - Schedule - Article 55

Reported in : AIR1970Bom109; (1969)71BOMLR305; 1969MhLJ487

is a suit filed by one of the executants of a document under Section 77 of the Indian Registration Act, 1908, for a decree directing the Defendants, who are the appropriate registering authorities, to register the document in question … of In re Maneklal Manilal 30 Bom LR 1396 AIR 1928 Bom 553 that though the Stamp Act and the Registration Act cannot, strictly speaking … and Rs. 75,000 being the value of a flat on Pedder Road in Bombay. By agreement between the parties, the share of the deceased in the business of United Sound Services was continued to be held in

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Oct 06 1926

R.G. Lakhmidas and Co. Vs. Sir Dorab Tata

Court : Mumbai

Decided on : Oct-06-1926

Subject : PropertyContract

Reported in : AIR1927Bom195; (1927)29BOMLR19; 101Ind.Cas.229

is whether the purchasers can recover their deposit inasmuch as the contract was not registered under the Indian Registration Act, 1908. No such point was taken in the Court below. It was not to the interest of either party … existing contract between the parties, or which would be implied under Section 55 of the Transfer of Property Act. I 'do not, therefore, attach any … to the defendants, and (2) whether the defendants should be ordered to specifically perform the agreement between the parties.2. Under Rules 212 and 220 the procedure in force on the Original' Bide with reference to such summonses

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Oct 03 1974

Dattatreya Shanker Mote and ors. Vs. Anand Chintaman Datar and ors.

Court : Supreme Court of India

Decided on : Oct-03-1974

Subject : Property

Acts : 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

Reported in : (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 … sale, mortgage or charge would necessarily inspect Index II, which under Section 55(3) of the Registration Act is required to contain such particulars mentioned in … 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

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Apr 25 2023

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Decided on : Apr-25-2023

Subject : 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 … under Section 11 of the Act, inter alia, held:15. (2008) 14 SCC24027 55. Second, the plain language of Section 7 once again governs my conclusion. … 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

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Apr 07 2025

K. Gopi versus the Sub-Registrar & Ors.

Court : Supreme Court of India

Decided on : Apr-07-2025

Subject : Land Acquisition

Reported in : [2025]5S.C.R.47

High Court with regard to upholding the order of the sub-registrar, refusing registration of a sale deed. Headnotes† Registration Act, 1908 - s.69 - Registration (Tamil Nadu Amendment) Act, 2008 - ss.22-A, 22-B - Registration Rules - r.55A - … - ss.22-A, 22-B - Registration Rules - r.55A - Vires of r. 55A - Refusal of the Sub-registrar to register the sale deed on the … to the property which he is seeking to transfer - Once the registering authority is satisfied that the parties to the document are present before him and the parties admit execution thereof before him, subject to making

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Apr 06 2025

K. Gopi versus the Sub-Registrar & Ors.

Court : Supreme Court of India

Decided on : Apr-06-2025

Subject : Land Acquisition

Reported in : [2025] 5 S.C.R. 47

the High Court with regard to upholding the order of the sub-registrar, refusing registration of a sale deed.Headnotes† Registration Act, 1908 - s.69 - Registration (Tamil Nadu Amendment) Act, 2008 - ss.22-A, 22-B - Registration Rules - r.55A - … - ss.22-A, 22-B - Registration Rules - r.55A - Vires of r. 55A - Refusal of the Sub-registrar to register the sale deed on the … to the property which he is seeking to transfer - Once the registering authority is satisfied that the parties to the document are present before him and the parties admit execution thereof before him, subject to making

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Jan 03 2006

D. Pavanesh Vs. the State of Karnataka Represented by Its Chief Secret ...

Court : Karnataka

Decided on : Jan-03-2006

Subject : CivilProperty

Acts : Constitution of India - Articles 14, 19, 226, 227, 246 and 300A; Registration Act, 1908 - Sections 17, 17(1), 18, 22, 22A, 22A(1), 22A(2), 31, 32, 33, 49, 70C, 72(2), 77, 88 and 89; Registration Rules; Karnataka Registration (Amendment) Act, 1976; Karnataka Land Revenue Act, 1964 - Sections 95, 148(3), 202 and 202(4); Karnataka Municipalities Act, 1964; Karnataka Land Reforms Act - Sections 79A, 79B and 109; Karnataka Municipal Corporations Act; Karnataka Town and Country Planning Act, 1961 - Sections 14; Karnataka Town and Country Planning (Amendment) Act, 1991; Bangalore Development Act; Karnataka Government (Transaction of Business) Rules, 1977 - Rule 19(1); Constitution of India (44" Amendment) Act, 1978; Indian Contract Act - Sections 23; Code of Civil Procedure (CPC) - Ord

Reported in : AIR2006Kant97; ILR2006KAR861; 2006(2)KarLJ396

of Karnataka has issued a notification dated 23-4-2005 in exercise of its powers under Section 22-A of the Registration Act, 1908, as amended by the Karnataka Act 55 of 1976 which is at Annexure-A to the writ petition. As … It is stated that the registration of various deeds of conveyance were being carried out in the various parts of the State of Karnataka as per the provisions of the Registration Act and the Rules made thereunder.

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Jul 19 2006

Motamma Vs. the Land Tribunal and ors.

Court : Karnataka

Decided on : Jul-19-2006

Subject : Property

Acts : Karnataka Land Reforms Act, 1961 - Sections 5, 35(3), 44, 45, 48A, 48A(4), 48(5), 48A(5A), 48(A)(1), 48A(2), 55, 55(1), 55(2), 60, 61, 61(1), 62, 77, 81A, 82 and 83; Karnataka Land Reforms (Amendment) Act, 1974; Karnataka Land Reforms Rules, 1974 - Rules 21C, 35, 35(3), 36 and 37; Registration Act, 1908; Companies Act, 1956 - Sections 3

Reported in : 2007(4)KarLJ633

of the certificate issued under Sub-section (1) to the concerned Sub-Registrar who shall, notwithstanding anything contained in the Registration Act, 1908 (Central Act 16 of 1908) or any other law, register the same.The corresponding Rule 21-C reads:21-C. Issue of … occupancy rights by the Land Tribunal results in its registration under Section 55 of the Act which reads:55. Issue of certificate of registration.- (1) On … Section 48(A)(1) of the Act, to confer occupancy rights, the persons who are entitled to notice and to participate must also be those who can show that they have an interest in the land.The consequences of the

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