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Thippareddy Obulamma and ors. Vs. Balu Narasimhulu and ors.

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Indian Registration Act, 1908 - Sections 17 and 49; Indian Stamp Act, 1899 - Sections 33 and 35; Transfer of Property Act; Specific Relief Act, 1877; Code of Civil Procedure (CPC) - Sections 151

Reported in : AIR2003AP525

for collateral purpose. Obviously, this observation was made in the light of the proviso to Section-49 of the Registration Act, 1908. 13. In S. REDDY vs . JOHANPUTRA, : AIR1972AP373 while dealing with the scope of Section-35 of the

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 … 497 (Civil)} is well founded. The relevant portion of the judgment of Viswanatha Sastri, J., is as follows:-"Under Section 35, Registration Act, a Registrar is bound to register a document if the ostensible executant admits his signature to

Avinash Kumar Chauhan Vs. Vijay Krishna Mishra

Court : Supreme Court of India

Subject : Civil

Acts : Indian Stamp Act 1899 - Sections 2(15), 2(23), 3, 21, 32, 33, 33(2), 35, 36, 38 and 47a - Schedule - Article 23; Indian Registration Act, 1908 - Sections 17 and 49; Merchant Shipping Act, 1894; Indian Registration of Ships Act, 1841; Special Economic Zones Act, 2005 - Sections 2; Transfer of Property Act, 1882 - Sections 17; Specific Relief Act, 1877; Constitution of India - Article 227

Reported in : 2009(2)ALT19(SC); 2009(2)AWC1272(SC); 2009(6)BomCR334; (2009)2GLR1202(SC); JT2009(1)SC656; 2009(4)MhLJ349(SC); 2009(3)MPHT6(SC); 2009(1)SCALE80; (2009)2SCC532; 2009AIRSCW979; 2008(17)SCR944; 2009(1)LHSC360; 2009(3)KCCRSN91; MANU/SC/8502/2008

document has nothing to do with the validity thereof as provided for under the provisions of the Indian Registration Act, 1908.17. We have noticed heretobefore that Section 33 of the Act casts a statutory obligation on all the authorities … been relied upon.The same was directed to be impounded by an order dated 9th January, 2007, stating:Under the Section 35(a) of the Stamp Act there is a provision that for any such instrument or bill of exchange or

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 … or which is presented before the Registering Officer as a document optionally registrable. According to the learned counsel, Section 35 of the Registration Act contemplates only two situations when the Registering Officer can refuse a registration and the

Ajit Investment Co. Pvt. Ltd. and anr. Vs. K.G. Malvadkar and ors.

Court : Mumbai

Subject : Civil

Acts : Registration Act, 1908 - Sections 34 and 35; Wealth Tax Act, 1957 - Sections 34; Maharashtra Registration Rules, 1961 - Rule 44; Income Tax Act, 1961 - Sections 230-A

Reported in : AIR1973Bom285; (1973)75BOMLR166; 1973MhLJ552

arising in this petition, it is necessary to consider the scheme and provisions of several sections of the Registration Act 1908, and the provisions of Section 34 of the Wealth Tax Act, 1957, and Section 230-A of the Income-tax … and alleging that they have executed the document and as to their legal capacity to do so. Under Section 35(3), as aforesaid, the Registering Officer has to refuse registration of a document s to the persons who deny

Eshaque Vs. Sub Registrar

Court : Kerala

Subject : Property

Acts : Registration Act, 1908 - Sections 17 to 35, 41, 43, 45, 51 to 77, 88 and 89; Transfer of Property Act, 1888

Reported in : AIR2002Ker128

of the propertysought to be conveyed by the said document. He further submitted that under theprovisions of the Registration Act, 1908, the 1st respondent can verify only the mattersspecified in Sections. 21, 23, 28, 32, 35 and 74 of … into the title or possession over the property sought to beconveyed as per the document and that under Section 35 of the said At the 1st respondentis bound to register the document if the conditions stipulated in the

M.L. Mathews, Vs. the Inspector General of Registration,

Court : Chennai

Subject : Property

Acts : Indian Contract Act - Sections 22A, and 23; Registration Act, 1908 - Sections 23, 24, 25, 26, 34, 35, 41, 43, 45, 58 to 61, 69, 75, 77, 88 and 89; Code of Civil Procedure (CPC) - Rule 1; Registration Rules - Rule 55

Reported in : 2007(2)CTC243; (2007)2MLJ881

out by the learned Counsel appearing on behalf of the petitioners that Section 34 and 35 of The Registration Act,1908 and Rule 55 of The Registration Rules are relevant for the present case. They read as follows:Section 34.

Ms Sms Tea Estates P.Ltd. Vs. Ms Chandmari Tea Co.P.Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration And Conciliation Act, 1996 - Section 11, 16; Transfer of Property Act 1882 - Section 106, 107; Indian Stamp Act, 1899 - Section 35; Registration Act, 1908 -Section 17, 49, ; Stamp Act - Section 35, 38, 40

of Transfer of Property Act 1882 (`TP Act' for short) and section 17 and section 49 of the Registration Act, 1908 (`Registration Act' for short); that the said lease deed was also not duly stamped and was therefore invalid, … The appellant issued a notice dated 5.5.2008 calling upon the respondent to refer the matter to arbitration under section 35 of the lease deed. The respondent failed to comply. According to appellant the dispute between the parties related

Nawab Ali and anr. Vs. Smt. Ram Murti Devi

Court : Allahabad

Subject : Civil

Acts : Registration Act, 1908 - Sections 35, 77 and 77(1)

Reported in : AIR1984All325

M. Lal Additional Civil Judge, Moradabad.2. Smt. Ram Murti Devi, plaintiff-respondent, filed suit under Section 77 of the Registration Act, 1908, and prayed for issue of a direction to the Sub-Registrar, Amroha to register the sale deed executed by … law made it obligatory on these owners to execute a joint sale deed in favour of the transferee. Section 35 of the Registration Act provides that where there are several executants of a document, the registering officer shall

Smt. Bolleddula Lakshmi Devi Vs. Bolleddula Papanna and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Stamp Act - Sections 35; Registration Act, 1908 - Sections 17 and 49; Code of Civil Procedure (CPC) - Sections 114 - Order 47, Rule 1

Reported in : 2003(3)ALD50; 2003(3)ALT513

under Section 35 of the Indian Stamp Act for collateral purpose under proviso to Section 49 of the Registration Act, 1908.10. The Civil Revision Petition is accordingly allowed. No order as to costs. Civil - insufficiently stamped document -