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State of Kerala Vs. George Jacob

Court : Kerala

Subject : Civil

Acts : Kerala Finance Act, 2005; ;Kerala Stamp Act, 1959 - Sections 2, 2(12), 3, 9, 17, 27, 33, 35, 40, 60 and 64 ;Registration Act, 1908 - Sections 23, 25, 31, 32, 35, 47, 49, 61, 74, 88 and 89; ;Transfer of Property Act, 1882 - Sections 53A, 54 and 59; ;Code of Civil Procedure (CPC) - Sections 64 - Order 38, Rule 10; ;Transfer of Property (Amendment) Supplementary Act, 1929 - Sections 10; ;Theft Act, 1968 - Sections 20(2); ;Indian Stamp Act, 1899 - Sections 2(14) and 2(17); ;Government of India Act, 1935 - Sections 175(3)

Reported in : AIR2006Ker111; 2005(4)KLT709

of Kerala shall be stamped before or at the time of execution, read with Section 23 of the Registration Act, 1908 providing for four months' time for presentation of documents for registration, from the date of its execution, concluded … sale deeds is as obtaining on the date of presentation of the sale deeds for registration whereas, the parties took the stand that stamp duty payable is as on the date of signing the sale deeds. Since … from the date of its execution, concluded that documents signed by the vendor before 1-4-2005 need be stamped only at the rate applicable prior to

R.G. Lakhmidas and Co. Vs. Sir Dorab Tata

Court : Mumbai

Subject : PropertyContract

Reported in : AIR1927Bom195; (1927)29BOMLR19; 101Ind.Cas.229

is whether the purchasers can recover their deposit inasmuch as the contract was not registered under the Indian Registration Act, 1908. No such point was taken in the Court below. It was not to the interest of either party … to the defendants, and (2) whether the defendants should be ordered to specifically perform the agreement between the parties.2. Under Rules 212 and 220 the procedure in force on the Original' Bide with reference to such summonses … Amberson Marten, C.J.1. This is a vendor and purchaser summons taken. out under Rule 212 by the present trustees

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 … 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 … says that a Division Bench of this Court in Spt. Deputy Collector v. P. Narsinga Rao, (1985) 2 Andh LT 492, held, following the Supreme

Sukhwinder Kaur Vs. Amarjit Singh and Others

Court : Punjab and Haryana

Subject : Land Acquisition

dispute has been delivered to the plaintiff. Hence, the same requires registration as per Section 17(1A) of the Registration Act, 1908 (for short “the Act”). 4. As afore-stated, by impugned order (Annexure P- 5), the application has been dismissed. … and Section 49 of the Act are reproduced as under:- Section 53A of Transfer of Property Act, 1882. Part Performance - Where any person contracts to transfer for consideration any immovable property by writing signed by him … No.1 in favour of defendants No.3 and 4 be declared null and void. A decree of permanent injunction was also sought against the defendants. 3.

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 … Junior Division. The trial court framed issues about the execution of the valid agreement and specific performance of the same. All the issues were decided

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

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. … 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 … sale deeds in respect of the plots in S. No. 161/1, Keelkuppam Village, Arakonam Taluk. 2. Heard the learned Counsel for the petitioners as well

K. Roy and Bros. Vs. Ramanath Das and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1945Cal37

109, Companies Act, but they were never registered under the provisions of the Registration Act (Act 16) of 1908. The company after working for a time got into financial difficulties and a winding up order was made … a company charged on the whole of its property which includes immovable property must be registered under the Registration Act or whether registration under the provisions relating to the registration of debentures of companies is sufficient. The facts … which was at one time common in England. (See Palmers' Company Precedents, Part, Debentures, 15th Edn. at pp. 272 to 274.) Clause 3 of the … and to pay for the machinery borrowed money on debentures issued to various persons. The applicant, Ramanath Das, was a director and one of the

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

Court : Karnataka

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 … deed of simple mortgage in favour of one T. Lakshminarayana Setty for valuable consideration of Rs. 30,000/- agreeing to pay interest at 12% p.a. Before

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 … S.C.R. 1091 : 2025 INSC 243 The Cosmos Co. Operative Bank Ltd. v. Central Bank of India & Ors. (Civil Appeal No. 1565 of 2025) … ‘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