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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 … transaction, the remedy is only to seek by filing a suit for cancellation of deed as contemplated under Section 31 of the Specific Relief Act, in which event, the Court adjudicating the case shall send a copy of

Cherichi Vs. Ittianam

Court : Kerala

Subject : Family

Acts : Succession Act, 1925 - Sections 213; Registration Act, 1908 - Sections 31, 47, 59, 60 and 61; Transfer of Property Act - Sections 54 and 70; Kerala Registration Rules- Rule 50

Reported in : AIR2001Ker184

evidence of PW. 5. Pw.5 also deposed about registering of Ext. B1 sale deed.14. S. 31 of the Registration Act, 1908 says that in ordinary cases the registration shall be made only at the office of the officer authorised … Act is regarding establishing any right under the Will without getting probate or letters of administration and that section cannot be understood as one by which the vesting of right as per the provisions of the Will

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

and order it to be delivered up and cancelled.(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the Court shall also send a copy of its decree to the officer in whose … getting it registered. The cancellation of the sale deed has to be by a Court as contemplated under Section 31 of the Specific Relief Act, 1963. The bye-laws of a society cannot be equated to law, rules or

Shailesh Textile Industries Vs. the Chief Controlling Revenue Authorit ...

Court : Gujarat

Subject : CivilCommercial

Acts : Bombay Stamp Act, 1958 - Sections 2, 31, 32, 33, 34, 37, 53(1), 54(1A), 56(2), 57, 68, 68(1) and 68(2) - Schedule - Articles 7, 25, 27, 40 and 45; Comptroller and Auditor General (Duties, Powers and Conditions of Service) Act, 1971 - Sections 16; Transfer of Property Act, 1882 - Sections 58, 59 and 70; Evidence Act, 1972 - Sections 92; Indian Registration Act, 1908 - Sections 17, 17(1) and 32A; Indian Income-tax Act, 1961 - Sections 230A(1); Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Indian Income-tax Act, 1922; Wealth-tax Act, 1957; Expenditure-tax Act, 1957; Gift-tax Act, 1958; Super Profits Tax Act, 1963; Companies (Profits) Surtax Act, 1964

Reported in : AIR1994Guj153

duty with which in his judgment, the instrument is chargeable. Section 32A enables any officer registering under the Registration Act, 1908, an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney as well as any … with offences and procedure for trying offences and also provides for penalty and Chapter-VIII contains supplemental provisions. 10. Section 31 which falls under Chapter-Ill of the Act enables a person to bring before the Collector any instrument whether

West Bengal Deed Writers' Association Nadia District Branch Vs. State ...

Court : Kolkata

Subject : Civil

Acts : West Bengal Law Clerks Act, 1997; ;West Bengal Law Clerks (Amendment) Act, 2006; ;Registration Act, 1908 - Sections 31, 32, 88 and 89; ;West Bengal Registration (Deed Writers) Rules, 1999 - Rules 2 and 4

Reported in : (2008)2CALLT264(HC),2008(2)CHN926

same cannot be presented for registration by the said law clerk before the Registrar/Sub-Registrar.11. Section 32 of the Registration Act, 1908 specifically mentions the persons competent to present documents for registration.The said Section 32 of the Registration Act, 1908 … This appeal has been preferred at the instance of the writ petitioner assailing the judgment and order dated 31st August, 2006 passed by the learned single Judge in W.P. 2376(W) of 200ET whereby and whereunder the said

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 … erroneous and factually incorrect.24. That apart, admittedly, the plaintiffs are not parties to the documents in question. Under Section 31 of Specific Relief Act, 1963, a suit for declaration of a written instrument as void can be filed

Smt. Kalindi and Another Vs. Iiird Additional District Judge, Deoria a ...

Court : Allahabad

Subject : Property Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 331; Specific Relief Act - Sections 31; Indian Registration Act, 1908

Reported in : 2001(3)AWC1978

order it to be delivered up and cancelled. (2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the Court shall also send a copy of its decree to the officer in whose … jurisdiction to try the suit. The trial court came to the conclusion that the suit is barred by Section 331 of the Act and the revenue court can decide the validity of the gift-deed and sale-deed. The … in the Court of Munsif, Deoria for cancellation of the gift-deed dated 31.12.1985 and the sale-deed dated 29.9.1987 in respect of the agricultural land with

Quadricon Pvt. Ltd. Vs. Bajarang Alloys Ltd.

Court : Mumbai

Subject : Civil

Acts : Indian Limitation Act - Sections 3; Specific Relief Act - Sections 31 and 39; Indian Registration Act, 1908; Code of Civil Procedure (CPC) , 1908 - Sections 9A - Rules 1, 2, 10, 11 and 269A Orders 4 and 7; Indian Contract Act

Reported in : AIR2008Bom88

and order it to be delivered up and cancelled.(2) If the instrument has been registered under the Indian Registration Act, 1908 , the Court shall also send a copy of Its decree to the officer in whose office the … cancellation of the bill of exchange, the approach would necessarily be different.47. Such a suit would fall under Section 31 of the Specific Relief Act which reads as under:31. When cancellation may be ordered.--(1) Any person against whom

Prem Singh and ors. Vs. Birbal and ors.

Court : Supreme Court of India

Subject : PropertyLimitation

Acts : Limitation Act, 1963 - Sections 3 and 27 - Schedule - Article 59; Specific Relief Act, 1963 - Sections 31; Indian Registration Act, 1908; Limitation Act, 1908 - Sections 6 and 8 - Schedule - Articles 91 and 114

Reported in : AIR2006SC3608; 2006(3)AWC2512(SC); 2006(6)BomCR332; [2006(3)JCR270(SC)]; JT2006(5)SC311; 2006(2)KLT863(SC); 2006(5)MhLj441; (2006)3MLJ37(SC); 2007MPLJ1(SC); (2006)143PLR647; (2006) 5 SCC 353; MANU/SC/8139/2006

and order it to be delivered up and cancelled.(2) If the instrument has been registered under the Indian Registration Act, 1908, the court shall also send a copy of its decree to the officer in whose office the instrument … transactions which are voidable transactions. 7. A suit for cancellation of instrument is based on the provisions of Section 31 of the Specific Relief Act, which reads as under:31. When cancellation may be ordered.--(1) Any person against whom

Tileswar Saikia and ors Vs. Smti. Motimai Begum and ors.

Court : Guwahati

Subject : Constitution

Acts : Civil Procedure (CPC) - Section 100; Specific Relief Act - 1963 Section 31; Limitation Act 1963 - Article 59; Indian Registration Act 1908.

ordered it to be delivered up and cancelled. (2) If the instrument has been registered under the Indian Registration Act, 1908 ( 16 of 1908), the Court shall also send a copy of its decree to the Officer in … in presence of the contesting parties viz. ,- (1) Whether the suit of the plaintiff is barred by Section 31 of the Specific Relief Act and(2)Whether the suit of the plaintiff is barred by the law of limitation?2.