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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 … be opposed public policy and that the Courts have to bear in mind the principles contained in the preamble to the Constitution of India. When the precedents are lacking, the Court can always be guided by principles

M.S. Seethamma Vs. M.K. Neelamma

Court : Karnataka

Subject : Family

Acts : Hindu Law; ;Registration Act, 1908 - Sections 17(2); ;Coorg Land And Revenue Regulation, 1899

Reported in : ILR1985KAR883

it would not fall within the ambit of sub-clause (b) of sub-section (1) of Section 17 of the Registration Act, 1908. However, he strenuously contended that the document Ex.B.11 is not required compulsory registration, not because it does not … family properties both moveable and immoveable together with the mesne profits. This is also made clear in the preamble to the compromise decree Ex. A-J reads :It is stated in Ex. A-l that plaint item Nos. 24

Addepalli Venkata Gurunadha Rama Seshayya Vs. Sri Tripurasundari Cotto ...

Court : Chennai

Subject : Limitation

Reported in : AIR1926Mad615; 94Ind.Cas.515; (1926)50MLJ520

so far applied a negative test. Where is this law then contained? If we now turn to the Registration Act of 1908 we find the preamble running thus:Whereas it is expedient to consolidate the enactments relating to the … Venkatarama Chetty : (1918)35MLJ256 which lays down that a suit for return of deposit is governed by Article 116 is inapplicable, if the suit is brought not by a shareholder between whom and the company there is

Krishna Gupta and anr. Vs. M/S Rajinder Nath and Co Huf and ors

Court : Delhi

Subject : Land Acquisition

this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court."25. The avowed object of substituting Section … Legislature and Sections 6-A to 6-C were inserted for achieving the goal of equality set out in the Preamble of the Constitution. In terms of Section 2 of the Karnataka Act 23 of 1994, Section 6-A came … AT NEW DELHI + I.A. No.7915/2011 (by defendant No.2 u/O VII R 1.CPC) and I.A. No.7857/2011 (by defendant No.4 u/O VII R 1.CPC) in CS(OS)

G. Rangaiah S/O Govindappa Vs. Govindappa S/O Sanna Rangappa and ors.

Court : Karnataka

Subject : FamilyProperty

Acts : Karnataka Stamp Act, 1957 - Sections 2 and 34 - Schedule - Article 39; Registration Act, 1908 - Sections 17 and 49; Transfer of Property Act, 1882; Evidence Act

Reported in : AIR2008Kant151; 2008(6)KarLJ285; 2008(3)KCCR1405; 2008(4)AIRKar136; AIR2008Kar151; 2008AIHC2786(Kar); 2008(6)KarLJ285; 2008(3)KCCR1405; 2008AIHC2786(Kar)

has rightly read this document and has therefore in terms of the provisions of Section 17 of the Registration Act, 1908 [for short the Act], the document having not been registered had applied Section 49 of the Act and … recital here and there. That cannot be the way to understand a document. If one looks at the preamble and the concluding part of the document which are extracted above, it is very clear that it was … This Second Appeal is by the plaintiff in OS No. 384 of 1993, a suit for partition and separate possession of his one-fourth share in

J.D. Pathak Vs. V.B. Barot and anr.

Court : Gujarat

Subject : Property

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 26 and 28; ;Registration Act, 1908 - Sections 20(1) and 71(2)

Reported in : AIR1982Guj317; (1982)2GLR633

interesting question of law as to the power of the Sub-Registrar acting under the provisions of the Indian Registration Act, 1908 (hereinafter referred to as 'the Registration Act') to refuse to accept for registration a document which, according to … consolidating Act enacted with a view to consolidating the enactments relating to the registration of documents as: the preamble shows at the apex of the registration machinery as provided by the said Act, Section 3 contemplates appointment … of the Sub-Registrar acting under the provisions of the Indian Registration Act, 1908 (hereinafter referred to as 'the Registration Act') to refuse to accept for

Vinjamuri Rajagopala Chary and Others Vs. Principal Secretary, Revenue ...

Court : Andhra Pradesh

Subject : Land Acquisition

registering and delivering the documents presented for registration in exercise of the powers under Section 22-A of the Registration Act,1908 (for short Registration Act ?). In those judgments, various directions have been issued by the learned single Judges, … of the restriction, more so when the facts stated in the Statement of Object and Reasons and the preamble are taken to be correct and they justify the enactment of law for the purpose sought to be … 2012 and 352 of 2013) several other writ appeals and more than 1200 writ petitions, where similar challenge has been raised, were also listed for

H. Puttappa and ors. Vs. the State of Karnataka and ors.

Court : Karnataka

Subject : Trusts and SocietiesConstitution

Acts : Constitution of India - Articles 13, 14, 17, 19, 23, 24, 31(1), 31(2), 31A(1) and 32; Karnataka Co-operative Societies Act, 1959 - Sections 4, 6, 7, 9, 10, 11, 12, 13, 14A, 14A(1), 14A(2), 14A(4), 14A(5), 14A(6), 15, 16, 16(3), 17, 26, 30, 30A, 30B and 105A; Karnataka Co-operative Societies (Amendment) Act, 1976; Karnataka Co-operative Societies Ordinance, 1977; Transfer of Property Act, 1882; Registration Act, 1908; Code of Civil Procedure (CPC), 1908 - Sections 60(1); Co-operative Societies Act, 1912 - Sections 39, 47, 72, 112; Bombay Government Premises (Eviction) Act, 1955; Forward Contracts (Regulation) Act, 1952 - Sections 5, 6, 6(2) and 10; Companies Act, 1956 - Sections 326; The Hindi Sahitya Sammelan Act, 1962; Andhra Pradesh Co-operative Societies Act

Reported in : AIR1978Kant148; ILR1978KAR605; 1978(1)KarLJ302

(5) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of 1882) or the Registration Act, 1908 (Central Act 16 of 1908) in the event of amalgamation, the registration of the amalgamated co-operative society and … a brief summary of the relevant provisions of the Act and the legislative history is necessary. 34. The Preamble to the Act showsthat it was enacted to consolidate and amend the laws relating to Co-operative societies in … Jagannatha Shetty, J.1. These writ petitions challenge the constitutional validity of Section 14-A of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the

The Sub Registrar Amudalavalasa Vs. M/s Dankuni Steels Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

or development of Industries. NOTIFICATION - II In exercise of the pówers conferred under Section 78 of the Registration Act, 1908 (Central Act XVI of 1908), the Governor of Andhra Pradesh hereby makes the following amendment to the "Table … highest bidder Messrs SMC Marketing Pvt. Ltd. A copy of which is enclosed herewith.3. Clause H of the preamble, reads as follows:- “H. WHEREAS the Vendee has paid the full consideration to the vendor within the time … …RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.1. Delay condoned. Leave granted.2. By order dated 13.06.2002, the High Court of Andhra Pradesh ordered M/s. Midwest Iron & Steel

Hind Estates Ltd. Vs. C. S. Peters and Others.

Court : Kolkata

Subject : Direct Taxation

Reported in : [1951]20ITR67(Cal)

clause (a), clause (b), clause (c) or clause (e) of sub-section (1) of Section 17 of the Indian Registration Act, 1908 (XVI of 1908), purports to transfer, assign, limit or extinguish any right, title or interest in any property, … Act to make provision for the payment of taxes before transfers of property are registered in certain cases.'The preamble of the said Act runs as follows :- 'Whereas it is expedient to make provision for the payment