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L.H. Sugar Factory Vs. Moti

Court : Allahabad

Subject : Civil

Reported in : 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

Anil Nanda and anr. Vs. Escorts Limited and ors.

Court : Delhi

Subject : Trusts and Societies

Acts : Societies Registration Act, 1860; Companies Act, 1913; Income Tax Act, 1961; Companies Act, 1956 - Sections 565; Limitation Act, 1963 - Sections 10; Code of Civil Procedure (CPC) - Sections 92 and 92(1) - Order 1, Rule 8 - Order 7, Rule 11

Reported in : 151(2008)DLT594; 2008(104)DRJ478

the Escorts Heart Institute and Research Centre, Delhi (EHIRC-Delhi) was registered as a charitable society under the Societies Registration Act, 1860 with the objective of running a world class specialist heart institution for the general public and to … 1. These applications under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') were heard together and are being disposed of by this common judgment. In … and clause 23 of the Rules and Regulations clearly provided that no part of the societies funds, or the income thereof shall inure to the … that the condition precedent of taking leave of the court under Section 92, CPC has not been fulfilled. The plaint is also sought to be

Shailesh Textile Industries Vs. the Chief Controlling Revenue Authorit ...

Court : Gujarat

Subject : CivilCommercial

Acts : Bombay Stamp Act, 1958 - Sections 2, 31, 32, 33, 34, 37, 53(1), 54(1A), 56(2), 57, 68, 68(1) and 68(2) - Schedule - Articles 7, 25, 27, 40 and 45; Comptroller and Auditor General (Duties, Powers and Conditions of Service) Act, 1971 - Sections 16; Transfer of Property Act, 1882 - Sections 58, 59 and 70; Evidence Act, 1972 - Sections 92; Indian Registration Act, 1908 - Sections 17, 17(1) and 32A; Indian Income-tax Act, 1961 - Sections 230A(1); Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Indian Income-tax Act, 1922; Wealth-tax Act, 1957; Expenditure-tax Act, 1957; Gift-tax Act, 1958; Super Profits Tax Act, 1963; Companies (Profits) Surtax Act, 1964

Reported in : AIR1994Guj153

duty with which in his judgment, the instrument is chargeable. Section 32A enables any officer registering under the Registration Act, 1908, an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney as well as any … of dealings. The rule of construction embodied in proviso 6 to Section 92 of the Evidence Act which enables the Court to examine the facts … the Collector of Stamps, Surat. 2. FACTS :- The applicant -- M/s. Shailesh Textile Industries is a registered partnership firm and carries on business in textile through its 7 partners. The applicant-firm wanted to avail of loan

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 … purporting to introduce a variation in the lease is excluded by Section 92 of the Indian Evidence Act. Reference may be made to the case … 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

Shalinibai Wd/O Trimbakrao Begde and ors. Vs. Narayan S/O Harnaji Bhal ...

Court : Mumbai

Subject : Property

Acts : Evidence Act - Sections 90, 91, 92 and 92(1); Registration Act, 1908 - Sections 49

Reported in : 2006(6)ALLMR369; 2006(6)MhLj752

open to the parties to raise a plea contra thereto.10. It is also to be noted that the Registration Act, 1908 under Section 49 makes a specific provision regarding effect of non-registration of documents which is otherwise required to … correct and subject to the statutory provisions contained in Sections 91 and 92 of the Evidence Act, it is open to the parties to raise … First Appellate Court held the suit to have been filed within the period of limitation and further directed partition of the land with direction to defendants to put the plaintiff in possession of his half share in

Gurunath Madhav Vs. Mallappa Shantappa

Court : Mumbai

Subject : Civil

Acts : Dekkhan Agriculturists' Relief Act, 1879 - Sections 10A; Evidence Act, 1872 - Sections 10A and 32

Reported in : AIR1950Bom340; (1950)52BOMLR288

the Chapter, the Court shall, notwithstanding anything contained in Section 92. Evidence Act, 1872, or in Section 49, Registration Act, 1908, or in any other law for the time being in force, have power to enquire into and determine … :'Whenever it is alleged at any stage of any suit or proceeding to which an agriculturist is a party that any transaction in issue entered into by such agriculturist or the person, if any, through whom he

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

Priti Pratap Singh vs.rani Prem Kumari (Deceased) Thr Lrs

Court : Delhi

Subject : Service Tax

In law, transfer of an immovable property is by a registered document as per Section 17(1)(b) of the Registration Act, 1908. Since the Pranyas Patra is a document which is duly registered before the concerned Sub-Registrar at Nagaur, Rajasthan, … Anandmayee Kuchaman Trust is a public trust within the meaning of section 92 of CPC, and therefore, the properties, of which the plaintiff is asking … the Judgment of the Trial Court dated 12.3.2018 by which the trial court has dismissed the suit for partition and injunction filed by the appellant/plaintiff with respect to properties of her father Raja Pratap Singh. It may

K.arumuga Velaiah Vs. Pr.ramasamy And Another

Court : Supreme Court of India

Subject : Land Acquisition

as per an award. The said award was not registered as per section 17 (1) (e) of the Registration Act, 1908 (hereinafter referred to as “the Act” for the sake of brevity). Section 49 of the Act was also … aforesaid suit by the District Munsiff Court, Devakottai has been sustained. 22. For the sake of convenience the parties herein shall be referred to in terms of their rank and status before the Trial Court.3. The case

Govind Narayan Kakade Vs. Rangnath Gopal Rajopadhye

Court : Mumbai

Subject : Company

Reported in : AIR1930Bom572; (1930)32BOMLR232

the word 'registered' in Article 116 of the Indian Limitation Act was confined to registration under the Indian Registration Act, 1908. My judgment in that case left that particular point open, but negatived Article 116 because in any event … any apparent trouble arose. There was then, however, a run on the bank, due, it is said, in part to the well-known crisis in Bombay which arose from the failure of the Indian Specie Bank and other … about Moghe Brothers himself. It appears from the evidence of Sarangdhar, Exhibit 92, at page 48, that no register of references, showing the position and