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The State of Maharashtra and ors. Vs. Mahavir Lalchand Rathod and anr.
Mumbai
Feb-13-1992
Property
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Sections 4, 4A and 17(1); Bombay Stamp Act, 1958 - Sections 2, 32, 32A(3), 69 and 70; Maharashtra Apartment Ownership Act, 1970 - Schedule - Article 25; ; Transfer of Property Act, 1882 - Sections 19, 54 and 55(4); Indian Registration Act, 1908 - Sections 17(1) and 49; Bombay Stamp (Amendment) Act, 1985; Bombay Stamp (Amendment) Act, 1988; Bombay Stamp (Determination of True Market Value of Property) Rules, 1981 - Rule 3
1992(2)BomCR1; (1992)94BOMLR110
November, 1987 in terms of section 4 of the MOF Act read with section 17(1) of the Indian Registration Act, 1908. The receipt of lodging is at Exh. B. The consideration under this agreement was shown at Rs. 3,75,000/-.
Tag this Judgment! AI Brief & AskR.M. Palat Vs. P.A. Nedungadi
Kerala
Aug-05-1958
Civil
Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 5 - Order 48, Rule 3; Transfer of Property Act, 1882 - Sections 4 and 59; Registration Act, 1908 - Sections 17 and 49
AIR1958Ker377
:'Sections 54, paragraphs 2 and 3, 59, 107, and 123 shall be read as supplemental to the Indian Registration Act, 1908' and the first paragraph of Section 59 :'Where the principal money secured is one hundred rupees or upwards, … copy of the paragraph extracted above was forwarded to all the courts of the Madras State on 26-5-1948.12. Section 4 of the Transfer of Property Act, 1882, provides :'Sections 54, paragraphs 2 and 3, 59, 107, and 123
Tag this Judgment! AI Brief & AskRelangi Nageswara Rao and Another Vs. Tatha Chiranjeeva Rao (Died) by ...
Andhra Pradesh
Aug-04-2000
TenancyCivil
Indian Registration Act, 1908 - Sections 10(2), 17 and 49; Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Sections 22; Code of Civil Procedure (CPC), 1860 - Sections 151 - Order 7, Rule 7; Transfer of Property Act, 1882 - Sections 4, 53-A, 54, 106, 107 and 111; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Delhi Rent Control Act, 1958 - Sections 14(1)
2000(5)ALD577; 2000(5)ALT561
it is not registered and that it is required to be registered compulsorily under Section 17(1) of the Registration Act, 1908. The lower Court held that Ex.A1 was properly proved, but the question was whether it is compulsorily registered … but not under Section 17 of the Registration Act were affected by Section 49 of the Registration Act. Section 4 of the Transfer of Property Act enacts that 'Sections 54, paragraphs 2 and 3, 59, 107 and 123
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Raghunath and ors. Vs. Kedar Nath
Supreme Court of India
Feb-03-1969
PropertyCivil
Indian Registration Act, 1908 - Sections 49; Transfer of Property Act, 1882 - Sections 4, 53-A and 54
AIR1969SC1316; (1969)1SCC497; [1969]3SCR497
49 of the Registration Act. It was, however, urged on behalf of the appellants that the effect of Section 4 of the Transfer of Property Act was not to make Section 49 of the Registration Act applicable to … Sections 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Indian Registration Act, 1908.Section 54 of the Transfer of Property Act reads :Sale' is a transfer of ownership in exchange for a
Tag this Judgment! AI Brief & AskG. Chikkapapanna Alias G.C. Papanna Vs. Smt. Kenchamma (Deceased) by L ...
Karnataka
Jun-19-1998
Property
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
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 … suit scheduled properties exclusively belong to plaintiff; and (b)That any alienation of suit properties i.e., items 3 and 4 of schedule properties even made by defendant 1 in favour of defendants 2 and 3 are illegal, null
Tag this Judgment! AI Brief & AskSurendra Kumar Vs. Amarjeet Singh and ors.
Allahabad
May-07-2004
Property
Registration Act, 1908 - Sections 17, 17(2) and 49; Transfer of Property Act, 1882 - Sections 4 and 54; Specific Relief Act, 1963 - Sections 14
AIR2004All335; 2004(4)AWC3134
Section 17(2)(v) of the Registration Act has been inserted by U.P. Act No. 57 of 1976 w.e.f. 1-1-77.22. Section 4 of the Transfer of Property Act reads as under :'Section 4, Enactments relating to contracts to be taken … sale registered by making balance payment of sale proceeds is exempt from registration under Section 17(2)(v) of the Registration Act, 1908?(b) Whether on the admitted facts and circumstances of the case and on the finding that the appellant was
Tag this Judgment! AI Brief & AskNeena Sudarshan Wadia (Smt.) Vs. Venus Enterprises
Mumbai
Feb-09-1983
Civil
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer), Act, 1963 - Sections 4, 7 and 7(1); Registration Act, 1908 - Sections 17
1984(2)BomCR505
Act has to be a written agreement and that written agreement has to be registered under the Indian Registration Act, 1908. But in the present case, the plaintiff does not have any written agreement for sale of the flat … plaintiff does not have the agreement for sale of the flat as required by the mandatory provisions of section 4 of the said Act. Therefore, in the absence of any written agreement duly registered as required by section
Tag this Judgment! AI Brief & AskRaj Prasanna Kondur Vs. Arif Taher Khan and ors.
Mumbai
Dec-23-2004
Tenancy
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)
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 … be issued to the petitioner in respect of the said proceedings in accordance with the provisions of Section 43 of the said Act as well as by the registered post. However, the summons sent by the registered
Tag this Judgment! AI Brief & AskYanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.
Andhra Pradesh
Oct-24-2006
Property
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
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 … a condition that such transferee can enjoy subject to conditions, the transferee can ignore such conditions. As per Section 4 of TP Act, all the provisions relating to contract in the TP Act shall be taken as part
Tag this Judgment! AI Brief & AskG. Sudershan Reddy and Another Vs. Joint Collector, R.R. Dist. and Oth ...
Andhra Pradesh
Sep-27-2000
Property
Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 - Sections 5, 5(A and B), and 9; Andhra Pradesh Rights in Land and Pattadar Passbooks Amendment Act, 1994 ; Andhra Pradesh Records of Rights Act - Sections 4 and 5-A; Constitution of India - Article 227; Transfer of Property Act, 1882; Registration Act, 1908; Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973; Urban Land (Ceiling and Regulation Act, 1976; Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959; Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977; Land Acquisition Act, 1894 - Sections 49; Bombay Rents Hotel and Lodging House Rates Control Act, 1947 - Sections 29; Code of Civil Procedure (CPC), 1908 - Sections 115
2000(6)ALD421; 2000(6)ALT656
or other transfers of lands :--Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force, where a person is an occupant by virtue … 5-B was introduced with effect from 31-10-1993 creating a specific provision of appeal against the Orders passed under sub-section (4) of Section 5-A the general provision which was available under Section 5(5) was got deleted and another provision
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