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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 … being satisfied that the period of license has expired, could pass an order for eviction of the licensee. Sub-section (3) provides that the competent authority shall not entertain any claim of whatsoever nature from any other person who

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 … territories of the State of Kerala.(f) 'executed' and 'execution' used with reference to instruments, means 'signed' and 'signature'.8. Section 3 of the Act provides thus:'3. Instruments chargeable with duty:-- Subject to the provisions of this Act and the

G. Chikkapapanna Alias G.C. Papanna Vs. Smt. Kenchamma (Deceased) by L ...

Court : Karnataka

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 54; Evidence Act, 1872 - Sections 3, 62, 63, 64, 65, 66, 74(2), 76, 77, 90 and 114; Registration Act, 1908 - Sections 57 and 61(2); Code of Civil Procedure (CPC), 1908 - Order 26, Rule 10-A; Trusts Act, 1882 - Sections 3 and 6; Uttar Pradesh Civil Laws (Amendment) Act, 1954; Hindu Succession Act, 1956 - Sections 14; Benami Transactions (Prohibition) Act, 1988 - Sections 4(1) and (2); Land Acquisition Act, 1894 - Sections 51-A

Reported in : ILR1998KAR3450; 1998(5)KarLJ360

document. The original has to be returned to the party (see sub-section (2) of Section 61 of the Registration Act, 1908). A similar argument would appear at one time to have had some acceptance in India, but it involves … justice is important but justice is to be done according to law. Expression 'document' has been defined by Section 3 of the Evidence Act. It means the document in its original and not the copy thereof. A reading

K.L.V. Prasada Rao and ors. Vs. K. Venkateswara Goud and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Contract Act; Specific Relief Act, 1963 - Sections 31; Registration Act, 1908; Transfer of Property Act, 1882 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 11 and 13 - Order 39, Rules 1 and 2; Constitution of India - Article 227

Reported in : 2008(2)ALD669; 2008(2)ALT455

2004 is barred by limitation.27. Admittedly, the sale deeds were registered on 24-06-2000 under the provisions of the Registration Act, 1908. As per Section 3 of the Transfer of Property Act, 1882, such registration itself is a deemed notice

Veranna Veerabhadrappa Vs. the District Registrar and anr.

Court : Karnataka

Subject : CivilProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 80 and 100; Registration Act, 1908 - Sections 70 and 77(1); Karnataka (Restriction on Transfer) Act, 1991 - Sections 3, 4 and 8

Reported in : AIR2005Kant27; ILR2004KAR4699; 2004(7)KarLJ646

the order passed by the Appellate Authority refusing to register under Section 70 of the Registration Act.; (B) REGISTRATION ACT, 1908- SECTION 70 - REGISTRATION OF A DOCUMENT UNDER - Whether the Registering Authority can refuse to register the documents … proceedings has been initiated. Section 9 is the penal provision and if any person contravenes the provision of Section 3 or 4, he shall be punished with imprisonment or fine as stated thereunder. Therefore, what could be gathered

Appourva J.Patel. Vs. the Inspector General of Registration and ors.

Court : Chennai

Subject : Property

Acts : Registration Act, 1908 - Section 73, 74, 36, 34(1), 35(3), 36, 77; Tamil Nadu Stamp (Prevention of Under-valuation of Instruments) Rules 1968 - Rule 3(1-A); Constitution of India - Articles 226; Indian Stamp Act, 1899 - Section 2(12); Evidence Act, 1872 - Section 68, 70, 71

should proceed with further action.(iv) Thereafter, the third respondent filed an appeal purportedly under Section 73 of the Registration Act, 1908, as against the order dated 21.10.2010 passed by the second respondent under Section 36 of the Act. Taking … "signed" though not defined in the Registration Act, 1908 or in the Stamp Act, 1899, is defined in Section 3(56) of the General Clauses Act, 1897 to include even a "mark", if the person with reference to whom

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Subject : Company

Acts : Indian Stamp Act, 1899 - Sections 17, 27, 29, 31, 33, 35, 47A and 64 - Schedule - Article 5; Registration Act, 1908 - Sections 17, 17(1), 17(2), 35, 49, 58, 60 and 69; Constitution of India - Articles 14, 19(1), 21, 254, 265 and 300A; Transfer of Property Act - Sections 6, 8 and 53A; Sale of Goods Act - Sections 2(7); Madras General Sales Tax Act, 1939; ;Evidence Act - Sections 4; Motor Vehicles Act, 1939 - Sections 43A; Delhi Apartment Ownership Act, 1984; Stamp Act, 1891; General Clauses Act - Sections 3(26); Presidency Small Cause Courts Act

Reported in : [1991]189ITR192(Mad)

Section 2(4) of Tamil Nadu Act 38 of 1987 by which the Indian Stamp Act, 1899 and the Registration Act. 1908 had been amended. The writ petitioners have sought for declaration that the amendments are ultra vires, unconstitutional and … every document by which any right or liability is, purports to be created, transferred, limited, extended, extinguished or recorded".Section 3 is the charging section which states that instruments indicated in the schedule to the Act shall be chargeable

Rajagopala Ayyar and anr. Vs. Avadai Velar and ors.

Court : Chennai

Subject : Property

Acts : Registration Act, 1908 - Sections 21, 21(2), 21(3), 22, 22(1) and 22(2)

Reported in : AIR1961Mad251; (1961)1MLJ193

of the properties in the sale deed conveyed thereunder complied with the requirements of Section 21(1) of the Registration Act, 1908. In fact the undivided one-third share of defendant 43 which was the subject matter of a release deed … separate possession of one third share in the properties conveyed to the plaintiff and his two brothers, defendants 3 and 4, by defendant 43 under a sale deed dated 28-3-1946. The sale was for a consideration of

Jagdish (deceased by L.R's.) and Ors. Vs. Mangal Pandey (deceased by L ...

Court : Allahabad

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 3; General Clauses Act, 1897 - Sections 3(26); Registration Act, 1908 - Sections 2(6)

Reported in : AIR1986All182

is not included within the meaning of 'immoveable property' shall be treated to be 'moveable property'.6. In the Registration Act, 1908, 'immoveable property' has been defined in Section 2(6) as under : --'Immoveable property' includes land, buildings, hereditary allowances, … in the definition of 'immoveable property'.5. In the General Clauses Act, 1897, 'immoveable property' has been defined in Section 3(26) as under : --'Immoveable property' shall include land, benefits to arise out of land, and things attached to

M. L. Abdul Jabbar Sahib Vs. M. V. Venkata Sastri and Sons and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Transfer of Property Act, 1882 - Sections 3, 59 and 100; Indian Registration Act, 1908 - Sections 58 and 59

Reported in : AIR1969SC1147; (1969)1SCC573; [1969]3SCR513

consent to its execution were not attesting witnesses and were not disqualified from taking as legatees.8. The Indian Registration Act. 1908 lays down a detailed procedure for registration of documents. The registering officer is under a duty to enquire … Senkaranarayana and Kaki Abdul Aziz attested the document. In our opinion. the High Court rightly rejected this contention.6. Section 3 of the Transfer of Property Act gives the definition of the word 'attested' and is in these words