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Yanala 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 … the registration of the document to enable them to seek immediate redressal in the matter.7. In W.P. Nos. 879, 880, 881, 882, 979, 980 and 981 of 2006, all the petitioners purchased various extents of lands out
Tag this Judgment! AI Brief & AskLakkoji Mohana Rao, So. Late Annayya, a Vs. 1. Lakkoji Viswanadham, So ...
Andhra Pradesh
Dec-16-2011
CivilTenancy
Code of Civil Procedure (CPC) , 1908 - Order VIII Rule 3; Indian Stamp Act, 1899 - Section 35; Registration Act, 1908 - Section 49, 17; Transfer of Property Act, 1882 - Section 17; Specific Relief Act, 1877 - Chapter II; Evidence Act - Section 65 (a); Indian Stamp Act - Section 2 (15); Registration Act - Section 49, 17 (1) (b), 49 (c), 35.
any purpose under Section 35 of the Indian Stamp Act, 1899 and also under Section 49 of the Registration Act, 1908.7. Sri P. Raj Kumar, learned counsel for the petitioner, submits that the petitioner could not file the … not in dispute that the petitioner himself had earlier filed O.S. No. 87 of 1976 and the said suit was decreed and properties were partitioned … the file of Principal Senior Civil Judge, Srikakulam against the first respondent herein and his elder sister for partition of the family land and the house property, the said suit was decreed. In the Appeal i.e. in
Tag this Judgment! AI Brief & AskVeerabhadrappa and anr. Vs. Jagadishgouda and ors.
Karnataka
Apr-17-2002
PropertyCivil
Karnataka Stamp Act, 1957 - Sections 28, 45A and 61; ;Registration Act, 1908 - Sections 47 and 71; Transfer of Property Act, 1882 - Sections 48; Constitution of India - Article 226
ILR2003KAR3042; 2002(5)KarLJ55
from the date when the deed was executed. This principle can be gathered from the provisions of the Registration Act, 1908 (Sections 47 and 75) and several decisions the earliest of which are that of the Madras High Court … him may be regarded as an error of procedure covered by Section 87 of the Registration Act. . . The Registration of a deed is … therefore the learned Single Judge ought not to have directed registration of the documents. As they were not parties to the writ petitions, they also sought leave to file the said appeals. The Division Bench granted permission
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Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...
Supreme Court of India
Jul-25-2024
Land Acquisition
Punjab v. British India Corporation, (1964) 2 SCR114[15]. 111 Section 3(26), General Clauses Act 1897. 112 Section 2(6), Registration Act 1908 58 PART F mining lease has been held by this Court to be a right to enjoy immoveable … and the development of minerals to the extent hereinafter provided.”87 The declaration indicates that Parliament intends to take 87 Section 2, MMDR Act. 48 PART F the regulation of mines and development of mines under the control
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 … the transaction. The Stamp Act is a consolidating Act. It 10 AIR1926Calcutta 877 11 ILR19371 Calcutta 257 12 AIR1942Calcutta 386 13 PLD1978SC27919 is a fiscal
Tag this Judgment! AI Brief & AskL.H. Sugar Factory Vs. Moti
Allahabad
Mar-24-1941
Civil
AIR1941All243
runs as follows:40. (1) Notwithstanding anything contained in the Stamp Act, 1899, and the rules made under the Registration Act, 1908, the stamp duty and the registration and copying fees on bonds of value or amount not exceeding Rs. … instrument was not registered, Schedule 5, U.P. Agriculturists' Relief Act, was inapplicable. The reference was originally heard in part by a Bench of three Judges and, as there was difference of opinion among the Judges constituting the … High Court in Reference under Section 46, Stamp Act ('85) 8 Mad. 87 (FB) It was held in that case that a promissory note not
Tag this Judgment! AI Brief & Askishwar Dass Malhotra Vs. Dhanwant Singh and ors.
Delhi
Oct-04-1983
Property
Evidence Act - Sections 91; Transfer of Property Act, 1882 - Sections 48, 58 and 59; Indian Registration Act, 1908 - Sections 17, 48 and 49; Punjab Relief and Indebtedness Act, 1934 - Sections 5; Code of Civil Procedure (CPC), 1908 - Order 34, Rule 4; High Court Rules and Orders
AIR1985Delhi83; 26(1984)DLT377
necessary and operates to create the charge in conjunction with the deposit, it requires registration under section 17, Registration Act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one … built on plot No. J-7/24 area 146 square yards and plot No. 87 Block-1-6, 1 0 yards free hold plot in Abadi of Rajouri Gardens … deeds to Malhotra. This memorandum is Ex. P-2 and is the subject matter of considerable controversy between the parties. Dhanwant Singh took a further loan of Rs. 4500.00 from Malhotra on 20-5-1967 and executed a pronote for
Tag this Judgment! AI Brief & AskWhether the Suit Is Not Maintainable?opd Vs. Shinder Singh Alias Jaswi ...
Punjab and Haryana
Sep-10-2013
Land Acquisition
it has been held that non compliance with the requirements of sub-section (2) of section 75 of the Registration Act, 1908 (for short 'the Act') renders registration of a document invalid and the defect is not curable under Section … of a document invalid and the defect is not curable under Section 87 of the Act. Regular Second Appeal: To challenge judgment and decree dated … denied and dismissal of the suit was urged. Issues: In view of diametrically opposing stances adopted by the parties, learned trial court decided to enter into an inquisition to resolve the controveRs.and, to facilitate such an inquisition,
Tag this Judgment! AI Brief & AskPresent : Mr. A.K. Chopra Sr. Advocate with Vs. Krishna Wati and Other ...
Punjab and Haryana
Aug-06-2014
Land Acquisition
present case, read as under: “The fiRs.of the above questions is directly answered by S.89 of the Indian Registration Act, 1908. This section provides for the procedure to be followed in certain situations; in Thakral Rajeev 2014.08.22 10:36 I … learned trial Court were set aside, allowing the fiRs.appeal of the plaintiffs and their suit for possession by partition of land, was decreed. Brief facts of the case, as recorded by the learned District Judge in paras
Tag this Judgment! AI Brief & AskRatilalji Walji Laddha and Another Vs. Pusaram s/o Dashrathlalji Agraw ...
Mumbai Nagpur
Dec-08-2014
Land Acquisition
the defendant No.2. Shri Bhangde submits that the provision of Section 32(c), read with Section 33(1)(a) of the Registration Act, 1908, is attracted in the present case, whereas the contention of Shri Khapre for the defendants is that it … Exhibit 72 and the Memorandum of Understanding (MOU) dated 10-10-2001 at Exhibit 87. The defendant No.1 is directed to execute the registered sale-deed in respect … the recitals indicate that an amount of Rs.14,00,000/- was paid to the defendants on the same day. The parties agreed that the sale-deed shall be executed on or before 21-12-2001. It was also a condition in the
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