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Mar 18 2011

K.S.Vijayendran Vs. the Inspector General of Registration and anr.

Court : Chennai

Decided on : Mar-18-2011

Subject : Registration

Acts : Registration Act, 1908 - Sections 71, 34, 69; Registration Rules - Rule 162

has been passed by the second respondent by virtue of the power conferred under Section 71 of the Registration Act, 1908, which is as follows: "Section 71. Reasons for refusal to register to be recorded.-(1) Every Sub-Registrar refusing to … authority to conduct enquiry before registration is limited to various provisions of the Registration Act, 1908 stipulated under Part-IV. By virtue of the power conferred under Section 34 of the Registration Act, 1908, the registering authority can

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Feb 04 2025

The Cosmos Co. Operative Bank Ltd. versus Central Bank of India & ...

Court : Supreme Court of India

Decided on : Feb-04-2025

Subject : Land Acquisition

Reported in : [2025]2S.C.R.1091

persons who are to take or have taken such flats, and the agreement shall be registered under the Registration Act, 1908 (hereinafter in this section referred to as “the Registration Act”) and such agreement shall be in the prescribed … subsequent in point of time to the mortgage of the Respondent-Central Bank. 9. In view of the aforesaid discussion, we are unable to find fault … ‘charge’ under Section 100 of the TPA - Charge created by equitable mortgage will be enforceable against third parties as far as possible in terms of the procedure applicable to a simple mortgage, except against bona fide

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Feb 05 1985

K.R. Varadaraja Iyengar Vs. T. Lakshminarayana Setty

Court : Karnataka

Decided on : Feb-05-1985

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 40 and 58; Registration Act, 1908 - Sections 47

Reported in : ILR1985KAR1268; 1985(2)KarLJ89

was held against the defendants. On the admitted and undisputed facts, in accordance with S. 47 of the Registration Act, 1908 the mortgage deed had taken effect from the date of execution by operation of law and therefore, the … at 12% p.a. Before the registration of the deed of mortgage, the said defendants 1 and 2 sold part of the mortgaged property to defendants, among others, by separate sale deeds on July 21, 1949. On that … Defendants 1 and 2 one Annaiyappa and B. N. Ramaiah, on July 9, 1949, executed a deed of simple mortgage in favour of one T.

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Dec 30 2008

Tirumala Venkata Reddaiah Chowdary and anr. Minors Rep. by Mother Smt. ...

Court : Andhra Pradesh

Decided on : Dec-30-2008

Subject : PropertyCivil

Acts : Transfer of Property Act, 1882; Indian Stamp Act, 1899; Registration Act, 1908 - Sections 17, 22A, 49, 71, 72 and 77

Reported in : AIR2009AP166; 2009(3)ALT18

is governed by the provisions of the Transfer of Property Act, 1882, Indian Stamp Act, 1899 and the Registration Act, 1908, while the title, capacity of the parties to transfer the property etc. are governed by different laws such … writ petition.2. The learned Counsel for the petitioners submitted that even though respondent No. 2 is not a party to the proceedings in O.S. No. 495 of 2008 on the file of the Junior Civil Judge, Vijayawada, … Court in Raghu Praveen and Ors. v. R.D.O., Kakinada 2003 (3) L.S. 90, held as follows:Except in a case where a property is notified under

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Nov 26 2012

M/S.Harshal Developers Pvt.Ltd. and Another Vs. Manohar Gopal Bavdekar ...

Court : Mumbai

Decided on : Nov-26-2012

Subject : Education

persons who are to take or have taken such flats, and the agreement shall be registered under the [Registration Act, 1908(XVI of 1908)]; [and such agreement shall be in the prescribed form] ; [(1A) The agreement to be prescribed … the time of hearing of the appeal at the stage of admission it was agreed by both the parties that the substantial questions of law may be framed and the appeal would be argued finally on the … 462. (5) Mt.Islam Fatima Vs. Syed Tamiz Ali, reported in 1924 Allahabad 938, (6) Kalavakurti Venkata Subbaiah Vs. Bala Gurappagari Guruvi Reddy reported in AIR

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Apr 12 2006

Amar Singh Vs. Baliram Singh

Court : Patna

Decided on : Apr-12-2006

Subject : PropertyContract

Acts : Specific Relief Act - Sections 20; Indian Registration Act, 1908 - Sections 23, 24, 25, 26, 36, 37, 72, 75, 75(2), 75(3), 76 and 77; Code of Civil Procedure (CPC) - Sections 100

sue for specific performance of contract and as such, the suit is barred under the provision of the Registration Act, 1908.10. On the other hand, the submission of the learned Advocate of the respondent is that although it is … decreed the suit of the plaintiff for specific performance of contract.2. Brief facts of the case of the parties are as follows:The plaintiff Baliram Singh finalised talk of sale of 5 Kattha 16 dhurs of land of … been preferred against the judgment dated 26th September, 1987 and decree dated 9.11.87 passed by the 3rd Additional District Judge, East Champaran at Motihari, in

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Jul 29 2002

Palla Sampath Kumari Vs. Kinthala Venkata Rao and anr.

Court : Andhra Pradesh

Decided on : Jul-29-2002

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 4; Registration Act, 1908 - Sections 34; Evidence Act, 1872 - Sections 104 and 114; Limitation Act, 1963 - Schedule - Article 59

Reported in : 2003(3)ALD115; 2003(6)ALT637

son of Suryanarayana and Tarlada Sri Ramnaidu, son of Raja Rao, admitted its execution. Section 34 of the Registration Act, 1908 contemplates the Registering Authority being satisfied with the identity of the executant of the document presented for registration, … inherited by her from her mother, fraudulently obtained Ex.A-6 relinquishment deed dated 18-7-1980 from her and sold a part of her property shown, in the plaint B Schedule to the 2nd respondent. Since Ex.A-6 relinquishment deed was … examined her husband as DW-1 and eight other witnesses as DWs.2 to 9 and marked Exs.B-1 to B-16. The trial Court holding that appellant failed

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Sep 09 2013

Rsa No.3430 of 2011(Oandm) Vs. Gurmeet Singh and anr.

Court : Punjab and Haryana

Decided on : Sep-09-2013

Subject : Land Acquisition

been decreed on the basis of an un-registered agreement to sell in view of Section 17(1-A) of Indian Registration Act, 1908 as the plaintiff himself claimed to be in possession in part performance of the agreement. Notice of motion

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Aug 18 1976

Kunhamina Umma and ors. Vs. Special Tahsildar and ors.

Court : Kerala

Decided on : Aug-18-1976

Subject : PropertyCivil

Acts : Evidence Act, 1872 - Sections 67, 68 and 90; Registration Act, 1908 - Sections 60; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4; Limitation Act, 1963 - Schedule - Articles 64 and 65

Reported in : AIR1977Ker41

execution there is a conflict of authorities as far as Indian courts are concerned.14. Section 60 of the Registration Act, 1908 states:'(1) After such of the provisions of Sections 34, 35, 58 and 59 as apply to any document … for land acquired between rival claimants. The appellants are claimants 5 to 9 in L.A.O.P. 43/69 on the file of the Sub Court, Badagara. Two … be stated here that in regard to Edathil Porayi Paramba, claimants 10 and 11 had put forward another particular claim. Under the predecessor of the intermediary the third claimant, Moideen the father of claimants 10 and 11

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Nov 07 1990

Hamda Ammal Vs. Avadiappa Pathar and 3 ors.

Court : Supreme Court of India

Decided on : Nov-07-1990

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) - Sections 64 - Order 38, Rules 5 and 10; Registration Act, 1908 - Sections 47 and 49; Transfer of Property Act, 1882 - Sections 53 and 54

Reported in : 1991(39)BLJR615; JT1990(4)SC391; (1991)1MLJ52(SC); 1990(2)SCALE970; (1991)1SCC715; [1990]Supp2SCR594

60(1) and copying out the endorsement and the certificate in the relevant register under Section 61(1) of the Registration Act, 1908. The appellant had in his said application claimed to be entitled as a co-sharer to the right of … any decree that may be passed against him, -(a) is about to dispose of the whole or any part of his property, or(b) is about to remove the whole or any part of his property from the … as the vendors) by a sale deed executed in her favour on 9.9.1970. Hamda Ammal got the sale deed registered on 26.10.1970. Before registration of

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