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Export Credit Guarantee Corporation of India Ltd. Vs. T. Mathew the Se ...

Court : Mumbai

Subject : Land Acquisition

document is admittedly registered. Supreme Court in case of Harnarayan(supra) has held that under section 47 of the Registration Act, 1908, a registration of the document shall relate back to the date of execution of the document. It is … Balwan Singh v. Lakshmi Nrain and Ors. MANU/SC/0192/1960 : [1960] 3 SCR 91 . This case also relates to election matter and it was held … various grounds. Some of the relevant facts which emerge from the plaint and the affidavits filed by the parties are as under: 2. Defendant Nos.1 to 3 are the trustees of a private family trust known as

K. Panchapagesa Ayyar and anr. Vs. K. Kalyanasundaram Ayyar and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Registration Act, 1908 - Sections 17 and 49; Code of Civil Procedure (CPC) , 1908; Transfer of Property Act, 1882 - Sections 5; Hindu Law; Arbitration Act, 1940 - Sections 5; Trusts Act, 1882 - Sections 92

Reported in : AIR1957Mad472

aliundc by the conduct of parties, offending as it would do Sections 17 and 49 of the Indian Registration Act and Section 91 of the Indian Evidence Act. In regard to movables, it is stated that some movables … reference to instruments of partition being omitted in the Act of 1887 and the present Registration Act of 1908. Consequently, an instrument effecting a partition is compulsorily registrable under Cl. (b) of Section 17. (S. 9, T. … 11-12-1950 and 12-12-1950 are relevant; '11-12-1950: Arbitration muchalika is executed by the parties. They are advised to discuss and try to agree to a division

C.V. Narayan Reddy Vs. Katanguru Raghava Reddy and anr.

Court : Andhra Pradesh

Subject : Tenancy

Acts : Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Sections 3(1); Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 - Sections 47 and 50-B; Transfer of Property Act, 1882 - Sections 53-A

Reported in : AIR1980AP89

the alienation or transfer been effected by a registered document in accordance with the provisions of the Indian Registration Act, 1908. The said sub-section proceeds to lay down that on the deposit of such amount, the Tahsildar shall issue … should be adopted on receipt of an application as contemplated by sub-section 91). It requires the Tahsildar to make such inquiry as may be prescribed … into a labyrinth. No wonder our learned brother Jayachandra Reddy, J. despite the fact that he being a party to one of the Division Bench Judgments in M. Pocham V. Agent to the State Government, Adilabad, :

M.E. Moolla Sons Limited Vs. the Official Assignee

Court : Mumbai

Subject : Property

Reported in : (1936)38BOMLR1011

Section 54, paragraphs 2 and 3, and certain other sections, shall be read as supplemental to the Indian Registration Act, 1908. The Indian Registration Act in Section 2 (6) contains a fuller description of what is meant by immoveable … confirm and adopt the agreement dated December 22, 1920, and made between Mohammed Ebrahim Moolla of the first part, Mariam Bee Bee of the second part and Mohammed Ally Modan as trustee of the company of the … the Board in Ariff v. Jadunath Majumdar (1931) L.R. 58 I. A. 91 have dismissed the suit.11. The subject-matter of Chap. Ill of the Transfer

Ganpat Mal Dhariwal Vs. Sukhraj and anr.

Court : Rajasthan

Subject : Civil

Acts : Registration Act - Sections 17 and 49; Evidence Act - Sections 91; Stamps Act - Sections 35; Transfer Property Act, 1882; Limitation Act, 1908 - Schedule - Article 144

Reported in : AIR2001Raj372; 2002(1)WLC299; 2001(4)WLN276

afresh decision in vie of the law as stated hereinabove. There will be no order as to costs. Registration Act, 1908 - Section 49--Un-registered document--Admissibility in evidence--A document required to be registered and not registered cannot be admitted in … counsel for the appellant has further relief on the provisions of Sec. 91 of the Evidence Act. Sec. 91 of the Evidence Act reads as … learned District Judge dismissed the suit and refused to grant the decree in favour of the plaintiff-appellant for partition.(2). The case of the plaintiff-appellant in the suit was that there is an ancestral house belonging to their

K.V. Sudha Rani and ors. Vs. the Vijayawada-guntur-tenali-mangalagiri ...

Court : Andhra Pradesh

Subject : Property

Acts : Andhra Pradesh Urban Areas (Development) Act, 1975 - Sections 3; Indian Registration Act, 1908 - Sections 17; Registration Rules, - Rule 26; Evidence Act, 1872 - Sections 91; Transfer of Property Act, 1882 - Sections 5, 6, 7, 8, 54 and 55; Specific Relief Act, 1963 - Sections 31, 31(1) and 31(2)

Reported in : 2008(4)ALD545; 2008(3)ALT760

has any power or jurisdiction to unilaterally cancel the sale deeds validly registered under the provisions of the Registration Act, 1908 (for short 'the Act'). If the respondent-authority is satisfied that fraud is played in the registration of the … if the respondent-authority is satisfied that sale deeds were executed on account of fraud or misrepresentation on the part of the petitioners, the only remedy for the respondent-authority lies in approaching the competent court of law for … the sale deed.In this context, it is useful to refer to Section 91 of the Indian Evidence Act, 1872, which provides that no evidence in

Candlewood Holdings Ltd. Vs. Allahabad Bank

Court : Kolkata

Subject : Civil

Acts : Transfer of Property Act - Sections 8, 107, 108 and 109; ;Indian Registration Act, 1908 - Sections 17(1) and 49; ;Kolkata Municipal Corporation Act, 1980 - Sections 193, 193(1) 194(1) 230 and 231; ;Evidence Act - Sections 92 and 114; ;Contract Act - Sections 73 and 74; ;Interest Act, 1839 - Section 1; ;Code of Civil Procedure (CPC) , 1908 - Section 34 - Order 7, Rule 14 - Order 8, Rules 6, 6A, 6B and 8A

Reported in : 1(2007)CLT548

by virtue of Section 107 of the T.P. Act read with Sections 17(1)(d) and 49 of the Indian Registration Act, 1908 cannot create a lease. The Court is disabled from using the instrument as evidence, but the Court can … and taxes as also other municipal levies i.e. commercial surcharge upto August, 1994. It was agreed between the parties and/or their predecessors-in-interest that the defendant would bear the entirety of the municipal rates and taxes with effect

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

Court : Andhra Pradesh

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

CR Retail Malls (India) Limited Vs. Chief Controlling Revenue Authorit ...

Court : Mumbai

Subject : Land Acquisition

deed of settlement or transfer of lease by way of assignment, presented for registration under the provisions of Registration Act, 1908, shall be accompanied by a true copy thereof: Provided that, in case of such instruments executed on or … 1) Rule with the consent of the learned Counsel for the parties made returnable forthwith and heard. 2) The Writ Jurisdiction of this Court under Articles 226 and 227 of … which order, the Petitioner was directed to pay an amount of Rs. 91,66,800/( Rupees ninety one lacs sixty six thousand eight hundred only) as the

Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal

Court : Supreme Court of India

Subject : Election

non cogit ad impossibilia was applied in the context of the applicability of a mandatory provision of the Registration Act, 1908, as follows: “6. We have to bear in mind two maxims of equity which are well settled, namely, … by the court, in examining any application by the prosecution under Sections 91 or 311 of the CrPC or Section 165 of the Evidence Act. … Panditrao Khotkar (who is the Returned Candidate [hereinafter referred to as the “RC”]. belonging to the Shiv Sena party from 101-Jalna Legislative Assembly Constituency) to the Maharashtra State Legislative Assembly for the term commencing November, 2014. Election