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Association of Commerce House Block Owners Ltd. Vs. Vishandas Samaldas ...

Court : Mumbai

Subject : Civil

Acts : Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Sections 4, 7 and 7(1); Contract Act, 1872 - Sections 56; Registration Act, 1908 - Sections 23 to 26, 28 to 31 and 32

Reported in : (1981)83BOMLR339

by the Registration Act will automatically be attracted. The provisions which will be attracted will be those in Part IV to Part VII of the Registration Act. Part IV (sections 23 to 26) deals with the time of … who are to take or have taken such flats, and the agreement shall be registered under the Indian Registration Act, 1908 and such agreement shall contain the prescribed particulars; and to such agreement there shall be attached such documents

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 … of transfer between two strangers to the property ineffective. Some more reasons for this conclusion are discussed in Part IV of this Judgment.PART - IV41. It is a misconception to assume that whenever there is an instrument evidencing

The Land Acquisition Officer, Vijayawade thermal Station Vs. Nutalapat ...

Court : Andhra Pradesh

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Order 13, Rules 1, 3, 4, 4(1), 5, 6 and 7 - Order 41, Rule 27; Evidence Act, 1872 - Sections 60, 61, 63, 65, 74(2) and 79; Evidence Act, 1877 - Sections 61 to 90 and 114; Registration Act, 1908 - Sections 57(5) and 61(2); Registration Act, 1877 - Sections 60(2); Land Acquisition Act, 1894 - Sections 11, 18, 22, 23, 24, 25, 26, 51-A and 53; Stamp Act

Reported in : AIR1991AP31

not retained by the Sub-Registrar but had to be returned to the party under S. 61(2) of the Registration Act, 1908. The Privy Council, as already stated above, upheld the first contention that if a document is admitted under … Act, 1877, Part II deal with 'proof. We are concerned with Chapter IV (Ss. 61 to 90) dealing with 'documentary evidence'. Section 61 states :'S.61 … sale transactions relied upon by the L.A.O. and disclosing a lower value but not brought on record as part of the evidence should not also be the basis for fixing the compensation.2. On the facts of the

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

Court : Mumbai

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 … Suit was filed initially before the Civil Judge, Senior Division but after 4 years suit was transferred to the court of Civil Judge, Junior Division.

M.L. Mathews, Vs. the Inspector General of Registration,

Court : Chennai

Subject : Property

Acts : Indian Contract Act - Sections 22A, and 23; Registration Act, 1908 - Sections 23, 24, 25, 26, 34, 35, 41, 43, 45, 58 to 61, 69, 75, 77, 88 and 89; Code of Civil Procedure (CPC) - Rule 1; Registration Rules - Rule 55

Reported in : 2007(2)CTC243; (2007)2MLJ881

out by the learned Counsel appearing on behalf of the petitioners that Section 34 and 35 of The Registration Act,1908 and Rule 55 of The Registration Rules are relevant for the present case. They read as follows:Section 34. … Procedure. b) Statute governing the case c) Provisions of Parts III and IV of the Constitution of India. d) Expert evidence, if any e) The … to public policy' would be a matter depending upon the nature of the transaction. The pleadings of the parties and the materials brought on record would be relevant so as to enable the Court to judge the

Amar Singh Vs. Baliram Singh

Court : Patna

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 … ?5. It appears that the trial court considered issue Nos. 3 and 4 as the main issues to be decided in the suit and as

The Collector of Gorakhpur Vs. Ram Sundar Mal

Court : Mumbai

Subject : Civil

Reported in : (1934)36BOMLR867

sale-deed of October 30, 1922, was valid?The deed is a registrable instrument under Section 17 of the Indian Registration Act, 1908. Section 28 of that Act: requires that every registrable document ' shall be presented for registration in the … properties purchased. It was a sum suitable for the finance of the contemplated litigation, or for a substantial part of it.On January 5, 1923, two suits were as a result filed in the Court of the Subordinate … Chowdhrani v. Brojo Mohini Chowdhrani (1901) L.R. 29 I.A. 24 : S.C. 4 Bom. L.R. 167, referred to.;A sale-deed purported to transfer, as one parcel,

D. Pavanesh Vs. the State of Karnataka Represented by Its Chief Secret ...

Court : Karnataka

Subject : CivilProperty

Acts : Constitution of India - Articles 14, 19, 226, 227, 246 and 300A; Registration Act, 1908 - Sections 17, 17(1), 18, 22, 22A, 22A(1), 22A(2), 31, 32, 33, 49, 70C, 72(2), 77, 88 and 89; Registration Rules; Karnataka Registration (Amendment) Act, 1976; Karnataka Land Revenue Act, 1964 - Sections 95, 148(3), 202 and 202(4); Karnataka Municipalities Act, 1964; Karnataka Land Reforms Act - Sections 79A, 79B and 109; Karnataka Municipal Corporations Act; Karnataka Town and Country Planning Act, 1961 - Sections 14; Karnataka Town and Country Planning (Amendment) Act, 1991; Bangalore Development Act; Karnataka Government (Transaction of Business) Rules, 1977 - Rule 19(1); Constitution of India (44" Amendment) Act, 1978; Indian Contract Act - Sections 23; Code of Civil Procedure (CPC) - Ord

Reported in : AIR2006Kant97; ILR2006KAR861; 2006(2)KarLJ396

of Karnataka has issued a notification dated 23-4-2005 in exercise of its powers under Section 22-A of the Registration Act, 1908, as amended by the Karnataka Act 55 of 1976 which is at Annexure-A to the writ petition. As … It is stated that the registration of various deeds of conveyance were being carried out in the various parts of the State of Karnataka as per the provisions of the Registration Act and the Rules made thereunder. … Procedure, (b) Statute governing the case, (c) Provisions of Parts III and IV of the Constitution of India, (d) Expert evidence, if any. (e) The

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

Court : Supreme Court of India

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 … ‘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 … 11324 of 2015 Appearances for Parties Advs. for the Appellant: Ninad Laud, Ivo Dcosta, Guruprasad Naik, Ms. Ishani Shekhar, Sahil Tagotra. Advs. for the Respondents:

Neena Sudarshan Wadia (Smt.) Vs. Venus Enterprises

Court : Mumbai

Subject : Civil

Acts : Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer), Act, 1963 - Sections 4, 7 and 7(1); Registration Act, 1908 - Sections 17

Reported in : 1984(2)BomCR505

Act has to be a written agreement and that written agreement has to be registered under the Indian Registration Act, 1908. But in the present case, the plaintiff does not have any written agreement for sale of the flat … as her constituted attorney, she reaffirmed the statements made in the plaint.4. On behalf of the defendants, their partners filed an affidavit in reply taking up various legal contentions, to which reference will be made hereafter. But … sale of the flat as required by the mandatory provisions of section 4 of the said Act. Therefore, in the absence of any written agreement