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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 … of the Land Ceiling Act which only prohibits registering authorities from registering concerned documents in contingencies contemplated by Section 28 of the Act, but even this provision does not enable or permit the registering authority to refuse to

Veerabhadrappa and anr. Vs. Jagadishgouda and ors.

Court : Karnataka

Subject : PropertyCivil

Acts : Karnataka Stamp Act, 1957 - Sections 28, 45A and 61; ;Registration Act, 1908 - Sections 47 and 71; Transfer of Property Act, 1882 - Sections 48; Constitution of India - Article 226

Reported in : ILR2003KAR3042; 2002(5)KarLJ55

from the date when the deed was executed. This principle can be gathered from the provisions of the Registration Act, 1908 (Sections 47 and 75) and several decisions the earliest of which are that of the Madras High Court … should not be registered. The Sub-Registrar returned the objections with endorsements dated 28-4-1998 stating that it was not possible to stay the registration of the … deeds?Re. Point No. (i):9. When the sale deeds in favour of appellants were executed in the year 1982, Section 45-A of the Karnataka Stamp Act, 1957 ('Act' for short), was inapplicable to Biligi Taluk where the lands

Raj Prasanna Kondur Vs. Arif Taher Khan and ors.

Court : Mumbai

Subject : Tenancy

Acts : Maharashtra Rent Control Act, 1999 - Sections 7(5), 24, 43, 43(2), 43(3), 43(4), 44(1), 44(2), 47, 55, 55(1), 55(2) and 55(3); Registration Act, 1908 - Sections 17, 23 and 49; Bombay General Clauses Act, 1897 - Sections 27; Bombay General Clauses Act, 1897 - Sections 28; Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 - Sections 3; Constitution of India - Articles 227 and 254(2)

Reported in : 2005(4)BomCR383

it was contended that there was no valid registration of the agreement in terms of the provisions of Registration Act, 1908, and consequently, the agreement in question is not admissible in evidence, and therefore, no application under Section 24 … such letter to the sender, apparently disclosing postal notings of refusal or unclaimed by the addressee, presumption under Section 28 of the Bombay General Clauses Act would inevitably arise in relation to the service of such notice upon

Pentala Githavardhana Rao and ors. Vs. the Andhra Bank Ltd. and ors.

Court : Andhra Pradesh

Subject : Commercial

Acts : Transfer of Property Act, 1882 - Sections 58; Registration Act, 1908 - Sections 17; Provincial Insolvency Act, 1920 - Sections 28(2); Hindu Law; Code of Civil Procedure (CPC), 1908 - Sections 34

Reported in : AIR1973AP245

Appeal dismissed. Commercial - equitable mortgage - Section 58 of Transfer of Property Act, 1882, Section 17 of Registration Act, 1908, Section 28 (2) of Provincial Insolvency Act, 1920, Section 34 of Code of Civil Procedure, 1908 and Hindu Law -

Minor Dorairaj Vs. K. Kr. Karuppiah Ambalam and ors.

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 and 16; Indian Registration Act, 1908 - Sections 17(1)

Reported in : AIR1970Mad119

on behalf of the plaintiffs that nevertheless it had to be registered under Section 17(b) of the Indian Registration Act, 1908, because claim was made to immoveable property in Krishna District in British India on the basis of that … 972 = 41 Ind App 110 = (AIR 1914 PC 67). See commentary in Mullah's Registration Act under Section 28. In short, the object of the legislation is only to provide for compulsory registration in respect of immoveable

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 office of

Kotak Mahindra Bank Ltd. Vs. O.L. of Aps Star Ind. Ltd.

Court : Gujarat

Subject : Company

Acts : Bombay Stamp Act, 1958 - Sections 5; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2 and 13(3A); Transfer of Property Act, 1882 - Sections 54 and 130; Registration Act, 1908 - Sections 21, 28, 60 and 65; Companies Act, 1956 - Sections 125, 134, 135, 529 529A and 530; Banking Regulation Act, 1949 - Sections 2, 5, 6, 6(1), 6(2), 8 and 35A; Indian Contract Act, 1872 - Sections 23; Reserve Bank of India Act, 1934 - Sections 45Q; Income Tax Act, 1961 - Sections 80P and 80P(2); ULC Act - Sections 42; Code of Civil Procedure (CPC) , 1908 - Order 22, Rule 10

Reported in : (2009)2GLR1158

Company Court was justified in rejecting the contention raised by the Appellant relying upon Section 28 of the Registration Act, 1908 read with Section 65 thereof that the registration of document at one place, where one of the properties

Smt. Santosh Achcha W/O G.M. Sripal JaIn Vs. State of Karnataka - by I ...

Court : Karnataka

Subject : Civil

Acts : Karnataka Stamp Act - Sections 2, 2(1), 28, 45, 45A, 45A(1), 45A(5), 45B, 46 and 52(1); Registration Act, 1908 - Sections 52, 58, 59, 60, 62, 71 and 80A; Karnataka Stamp (Amendment) Act, 1999; Karnataka Stamp (Amendment) Act of 1975; Punjab Stamp Act, 1982 - Sections 47A; Karnataka Stamp (Prevention of Under Valuation of Instruments) Rules, 1977 - Rule 4; Karnataka Stamps (Prevention of Under valuation of Instruments) Amendment Rules, 1999 - Rule 9; Karnataka Stamp (Constitution of Committee for Estimation of Property) Rules, 1992

Reported in : AIR2007Kant77; 2007(4)KarLJ189; 2007(4)KCCRSN252; 2007(2)AIRKarR530; AIR2007Kant77

per Section 45A of the Karnataka Stamp Act. According to the petitioner, as per the provisions of the Registration Act, 1908 the 3nd respondent was required to register the document, he had no authority to refuse and at the … impound the document on the ground that the value showed is incorrect but, can only take action under Section 28 or the Stamp Act.19. It is argued by the learned Counsel that the law laid down by the

Smt. Santosh Achcha Vs. State of Karnataka by Its Secretary Revenue De ...

Court : Karnataka

Subject : Civil

Acts : Constitution of India - Articles 5, 14, 30 and 41; Registration Act, 1908 - Sections 52, 58, 59, 60, 62, 71 and 80A; Karnataka Stamp Act, 1957 - Sections 2, 2(1), 6, 28, 45A, 45A(1), 45A(2), 45A(5), 45B, 46, 47A(4) and 52(1) - Schedule - Article 20; Karnataka Stamp (Amendment) Act, 1975; Punjab Stamp Act, 1982 - Sections 47A; Karnataka Stamp (Prevention of Under Valuation of Instruments) Rules, 1977 - Rule 4; Karnataka Stamps (Prevention of Under valuation of Instruments) (Amendment) Rules, 1999 - Rule 9; Karnataka Stamp (Constitution of Committee for Estimation of Property) Rules, 1992

Reported in : ILR2008KAR2413

per Section 45A of the Karnataka Stamp Act. According to the petitioner, as per the provisions of the Registration Act, 1908 the 3rd respondent was required to register the document, he had no authority to refuse and at the … impound the document on the ground that the value showed is incorrect but, can only take action under Section 28 of the Stamp Act.24. It is argued by the learned Counsel that the law laid down by the

Raja Inuganti Venkatarama Rao Vs. Raja Sobhanadri Appa Rao

Court : Mumbai

Subject : Property

Reported in : (1936)38BOMLR457

instead of Rs, 1,000. The appellant must have his costs of the appeal. Indian Registration Act (XVI of 1908), Section 28 - Registration--Fictitious entry of land to validate registration in certain area-Deed not relating to land in registration area-Registration