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K.S.Vijayendran Vs. the Inspector General of Registration and anr.
Chennai
Mar-18-2011
Registration
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
Tag this Judgment! AI Brief & AskThe Cosmos Co. Operative Bank Ltd. versus Central Bank of India & ...
Supreme Court of India
Feb-04-2025
Land Acquisition
[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
Tag this Judgment! AI Brief & AskK.R. Varadaraja Iyengar Vs. T. Lakshminarayana Setty
Karnataka
Feb-05-1985
Property
Transfer of Property Act, 1882 - Sections 40 and 58; Registration Act, 1908 - Sections 47
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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Tirumala Venkata Reddaiah Chowdary and anr. Minors Rep. by Mother Smt. ...
Andhra Pradesh
Dec-30-2008
PropertyCivil
Transfer of Property Act, 1882; Indian Stamp Act, 1899; Registration Act, 1908 - Sections 17, 22A, 49, 71, 72 and 77
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
Tag this Judgment! AI Brief & AskM/S.Harshal Developers Pvt.Ltd. and Another Vs. Manohar Gopal Bavdekar ...
Mumbai
Nov-26-2012
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
Tag this Judgment! AI Brief & AskAmar Singh Vs. Baliram Singh
Patna
Apr-12-2006
PropertyContract
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
Tag this Judgment! AI Brief & AskPalla Sampath Kumari Vs. Kinthala Venkata Rao and anr.
Andhra Pradesh
Jul-29-2002
Property
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
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
Tag this Judgment! AI Brief & AskRsa No.3430 of 2011(Oandm) Vs. Gurmeet Singh and anr.
Punjab and Haryana
Sep-09-2013
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
Tag this Judgment! AI Brief & AskKunhamina Umma and ors. Vs. Special Tahsildar and ors.
Kerala
Aug-18-1976
PropertyCivil
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
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
Tag this Judgment! AI Brief & AskHamda Ammal Vs. Avadiappa Pathar and 3 ors.
Supreme Court of India
Nov-07-1990
PropertyCivil
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
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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