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Dattatreya Shanker Mote and ors. Vs. Anand Chintaman Datar and ors.
Supreme Court of India
Oct-03-1974
Property
Transfer of Property Act, 1882 - Sections 5, 8, 12, 13, 17, 38, 48, 50, 54, 58, 100, 105, and 118; Registration Act - Sections 48; Specific Relief Act, 1877 - Sections 27; Code of Civil Procedure (CPC) - Sections 11 - Order 21, Rule 66 - Order 34, Rules 4, 6, and 15
(1974)2SCC799; [1975]2SCR224
to effecting a transfer of an interest or ownership in a specific immoveable property.27. Section 48 of the Registration Act, 1908, as it now emerges after the amendment Act 21 of 1929, gives a priority to an oral agreement … more fact that a specific immoveable property becomes the subject-matter of a decree subsequently by agreement of the parties will not justify a claim for protection under Section 52. If the charge has been created by consent … respondents 1 to 7 mortgaged the Kakakuva Mansion to the plaintiff respondent 14 for a sum of Rs. 1 lakh. The respondents created a further
Tag this Judgment! AI Brief & AskSmt. G. Kusuma Devi Vs. Smt. Gowramma and ors.
Karnataka
Aug-01-2006
Property
Transfer of Property Act, 1882 - Sections 53A, 106 and 107; Registration Act, 1908 - Sections 2(7), 17, 17(1) and 49; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Specific Relief Act, 1877
also shall have to be treated a lease deed in view of provision of Section 2(7) of the Registration Act, 1908, for the purpose of Section 17(1)(d) of the Registration Act; that even assuming that the defendant has got … appearing on behalf of both sides and perused the material on record. For the sake of convenience, the parties are referred to as per their ranks before the Trial Court.3. Brief facts of the case are:The plaintiffs-respondents … 1995 by which the judgment and decree of dismissal of suit dated 14-12-1994 passed by the Principal Civil Judge, Bangalore Rural District, Bangalore in O.S.
Tag this Judgment! AI Brief & AskL.Rs. of Magna Vs. Amar Chand and ors.
Rajasthan
Mar-24-2006
PropertyContract
RLW2007(3)Raj2200
is four months from the date of execution of the document as provided by Section 23 of the Registration Act, 1908. Apart from it, the plaintiffs have not pleaded that they were ready and willing to perform their part … Khasra No. 558, 559 and 560 having measurements 6 bighas 3 biswas, 6 bighas 16 biswas, 6 bighas 14 biswas. The defendant-appellant also gave neighbourhood of the said property. The property was sold for a consideration of
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The Chief Executive Officer, Goa State Co-operative Bank Ltd. and Anot ...
Mumbai Goa
Mar-28-2014
Land Acquisition
sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908, from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar … counsel has submitted that the appellants have relied on Form I and XIV in respect of the suit property which according to him admittedly cannot … Panaji in Civil Suit No.304/2004 on 30/7/2008, by which the civil suit filed by the original plaintiffs is partly decreed and it is declared that the Deed of Mortgage dated 4/2/1991 executed by the original defendants no.1,2,6
Tag this Judgment! AI Brief & AskKanbi Vaju Vasta, Botad Vs. Kanbi Popat Vasta and anr.
Gujarat
Oct-15-1984
Property
Code of Civil Procedure (CPC), 1908 - Sections 38 and 47 - Order 20, Rule 14; Transfer of Property Act, 1882 - Sections 52
AIR1985Guj184; (1985)1GLR365
S. 52, namely registration of the notice of pendency of such suit under S. 18 of the Indian Registration Act, 1908 has not been satisfied. I do not think that either of these contentions has much substance in it. … consent decree was passed in terms thereof. According to the decree, it was agreed by and between the parties that respondent No. 1 shall sell the portion of land in his possession admeasuring acres 4-19 gunthas to … of tender in view of the provision contained in O. 20 R. 14 of the Civil P. C. It is this order which has been
Tag this Judgment! AI Brief & AskBaijnath Vs. Ramadhar and anr.
Allahabad
Nov-19-1962
PropertyCivil
Registration Act, 1908 - Sections 2(6), 17 and 49
AIR1963All214
13 and 14:'Owing, perhaps, to the varying definitions of 'immovable property' and to the wording in Section 2, Registration Act, 1908, there is considerable want of uniformity in the practice followed in different parts of the country when registering … of timber takes into consideration only the fitness of the wood and not the use contemplated in the particular case. It is the nature of the wood that is decisive and not the particular use that its … Act by H. H. Shephard and K. Brown (7th Edition). At page 14 of the......... ............... said book under the heading 'timber' it is stated
Tag this Judgment! AI Brief & AskSat Parkash and anr. Vs. Union of India (Uoi) and ors.
Punjab and Haryana
May-07-2003
Civil
Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Sections 2; ;Displaced Persons (Compensation and Rehabilitation) Rules, 1976 - Rules 3A and 67
(2003)135PLR78
be deemed to be a Revenue Officer within the meaning of Sub-section (4) of Section 89 of the Registration Act, 1908 (XVI of 1908).Rule 3-A of the 1976 Rules-Allotment of rural land to unsatisfied displaced land holders.- The rural … acres, 6 kanals and 7 marlas of land in village Chak Chaudhariwala, Tehsil and District Gujranwala (now a part of Pakistan). He had one son namely Shri Kundan Lal, who was married to Smt. Krishnawanti. The petitioners … Shri Aggarwal stated that he is not aware of any such litigation. 14. I have given serious thought to the respective arguments.15. Before dealing with
Tag this Judgment! AI Brief & AskVijay Kumar Taneja vs.raj Kumar Taneja and Ors
Delhi
Jan-09-2017
Land Acquisition
without a registered document. With effect from the amendment of the Transfer of Property Act, 1882 and the Registration Act, 1908 in September, 2001, no rights by way of part performance also in immovable property can be created without … 2008, status quo was required to be maintained with respect to the property. CS(OS) No.1178/2008 Page 1 of 14 3. The defendants no.1&2 filed a joint written statement (amended) pleading: (i) That the plaintiff has not included
Tag this Judgment! AI Brief & AskVikash Kumar Gupta Vs. Revenue Department
Jharkhand
May-19-2015
Land Acquisition
the scope of enquiry by the registering authority is confined to section 34 and section 71 of the Registration Act, 1908 only? 2. Before adverting to the rival contentions, a look at various provisions contained in Registration Act, 1908 … a suit in the Civil Court for a decree directing the document to be registered. Section 81 in Part XIV provides for penalties for making incorrect endorsement, copying, translation etc. of documents and Section 82 provides for penalty
Tag this Judgment! AI Brief & AskOm Prakash Vs. The State of Jharkhand and Ors
Jharkhand
May-19-2015
Land Acquisition
the scope of enquiry by the registering authority is confined to section 34 and section 71 of the Registration Act, 1908 only? 2. Before adverting to the rival contentions, a look at various provisions contained in Registration Act, 1908 … a suit in the Civil Court for a decree directing the document to be registered. Section 81 in Part XIV provides for penalties for making incorrect endorsement, copying, translation etc. of documents and Section 82 provides for penalty
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