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Shri Victor De Graca Pinto and Another Vs. Smt. Lourdes De Graca Pinto ...

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 115 and 151 - Order 21, Rule 19; Indian Stamp Act, 1899 - Schedule 1 - Sections 35 - Article 45; Registration Act, 1908 - Sections 17(2)

Reported in : 1999(3)ALLMR39; 1999(3)BomCR441; (1999)1BOMLR704

the applicants relates to compulsory registration of decree/order of the Court in view of section 17(2)(vi) of the Registration Act, 1908. In this respect, reliance has been placed by learned Advocate for the applicants on Bhoop Singh v. Ram … held that a final order in inventory amounts to an instrument of partition which is chargeable under Article 45 of the Stamp Act because the document is required to be registered. When the proceedings were pending in

Dr. Usha Mohan Das Vs. the Divisional Commissioner, Bangalore Division ...

Court : Karnataka

Subject : Property

Acts : Karnataka Stamp Act, 1957 - Sections 20(1), 33, 39(1) and 45-A; Registration Act, 1908 - Sections 34, 35, 71 and 72

Reported in : 2001(3)KarLJ463

the respondents to return the sale deed dated 3-1-1994 after its registration under the provisions of the Indian Registration Act, 1908, by holding that the stamp duty paid on the instrument is sufficient as the same is in conformity … reason that reference of conveyance deed made by the third respondent to the second respondent in exercise of Section 33 of the Karnataka Stamp Act, 1957 without authority of law and competency, on the basis of the … order was challenged before the first respondent under the provisions of Section 45-A(5) of the Karnataka Stamp Act, 1957, the first respondent passed an order

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 … duty under the BombayStamp Act, 1958. Article 6 as claimed by the applicants or Article 40 (new Art. 45) read with Art. 25(b) (new Art. 27(b)) asclaimed by the Chief Controlling Revenue Authorityor any other Article 7

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 … being followed in several cases, parties intending to get the document registered while under the earlier provisions of Section 45, used to get the document registered and thereafter on such reference to the Deputy Commissioner for fixation of

Smt. Gomti and ors. Vs. Rameshwardas and ors.

Court : Rajasthan

Subject : PropertyCivil

Acts : Marwar Registration Act, 1934 - Sections 32, 36, 60 and 87; Registration Act, 1908 - Sections 32, 36 and 58; Hindu Law

Reported in : AIR1971Raj211; 1970(3)WLN626

Sub-Registrar, Barmer.' 6. The Marwar Registration Act, 1934 which governs the case is almost identical with the Indian Registration Act. 1908. Sections 34, 35 and 36 of the Mar-war Registration Act run as follows:--'34. (1) Subject to the provisions … denial of execution and he did not 'refuse to register'. The mortgagee thereupon took out a rule under Section 45 of the Specific Relief Act 1877, calling on the Registrar to show cause why he should not be

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 … power ofattorney executed by the 2nd respondent for execution of Ext. P1 sale deed mustsatisfy the requirement of Section 33 of the Registration Act. 2. According to the petitioner, the 1st respondent was not justified in requiring … that subject to theprovisions contained in Part VI and Sections 41, 43, 45, 69, 75, 77, 88 and 89, no documentshall be registered under this

Sri Krishnasamy Educational Trust and Another Vs. Jabely Edourad and O ...

Court : Chennai

Subject : Land Acquisition

Section 26. Section 32. Section 32 (c). Sections 33. Section 33(1) (a). Section 34, Sections 41, Section 43, Section 45, Section 69, Section 75, Section 77, Section 87, Section 88, Section 89 - Registration Rules, 1908 Rule 32(c), … would be apposite to look into the legal position involved in the present case. Section 32 of the Registration Act, 1908 reads as follows: 32. Persons to present documents for registration.- Except in the cases mentioned in [sections 31,

Parvindar Kaur Chawla Vs. Divisional Commissioner, Bangalore Division, ...

Court : Karnataka

Subject : Civil

Acts : Karnataka Stamp Act, 1957 - Sections 45-A, 45-A(1), (2), (3), (4), (5) and 45-B; Indian Registration Act, 1908; Karnataka Stamp (Amendment) Act, 1975

Reported in : 2001(6)KarLJ449

Section 45A for proper understanding of the case on hand:'Section 45-A.--(1) If the registering officer appointed under the Registration Act, 1908 (Central Act XVI of 1908) while registering any instrument of conveyance, gift, exchange, settlement, partition, dissolution of partnership,

P. Manikyam and anr. Vs. the Sub-registrar and Three ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 19, 20, 21, 23, 24, 25, 26, 32, 32A, 34(1), 34(3), 35, 35(1), 35(3), 41, 43, 45, 58 to 61, 69, 71, 72, 73, 74, 75, 75(1), 75(2), 76, 77, 88 and 89; Specific Relief Act, 1963 - Sections 34; Limitation Act, 1963 - Schedule - Article 59; Indian Stamp Act, 1899 - Sections 2(12) and 47A; Indian Registration (Amendment) Act, 2001; Andhra Pradesh Stamp (Prevention of Under Valuation of Instruments) Rules, 1975 - Rule 3(1), 3(2), 3(3) and 3(4)

Reported in : 2008(6)ALD268

document. Thereupon, respondent No. 4 filed an application before respondent No. 2 under Section 73 of the Indian Registration Act, 1908 (for short 'the Registration Act'). Respondent No. 2 issued summons to both the parties and recorded their oral … Section 34 imposed a bar on registration of the documents subject to the provisions of Sections 41, 43, 45, 69, 75, 77, 88 and 89; unless the person executing such document, or their representatives, assigns or agents

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

Subject : Land Acquisition

to be constructed. Transactions of the nature referred to above are not required to be registered under the Registration Act, 1908. Such arrangements confer the privileges of ownership without transfer of title in the building and are a common … Taking up first issue, it may be noticed that Section 2(14) of the Act defines "capital asset" whereas Section 45 of the Act is the charging section in regard to capital gains. Section 48 of the Act provides