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Vijayabai and ors. Vs. Shriram Tukaram and ors.

Court : Supreme Court of India

Subject : Tenancy

Acts : Bombay Tenancy and Agriculture Lands (Vidarbha Region) Act, 1938 - Sections 2(32), 6, 7, 8, 19, 46, 49B and 100(2); Evidence Act, 1872 - Sections 92; Indian Registration Act, 1908 - Sections 49

Reported in : AIR1999SC431; 1999(1)ALLMR(SC)225; JT1998(8)SC105; 1998(6)SCALE211; (1999)1SCC693; [1998]Supp3SCR54

anything contained in Section 92 of the Indian Evidence Act, 1872, or in Section 49 of the Indian Registration Act, 1908, or in any other law for the time being in force, have power to inquire into and determine … ownership of lands to certain dispossessed tenant. This section is applicable only Where a tenant referred to in Section 46 or 49A was in possession of the land on the appointed day but was dispossessed before the relevant

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 … according to the petitioner, duty payable on the instrument has a first charge on the property, as per Section 46 of the Act and duty can be recovered as arrears of land revenue as per Section 80A of

Sunil Kumar Sinha and anr. Vs. State of Bihar and ors.

Court : Jharkhand

Subject : Property

Acts : Chota Nagpur Tenancy Act, 1908 - Sections 46 and 46(4); Registration Act, 1908 - Sections 17

Reported in : 2002(50)BLJR307

CNT Act for want of permission from the Deputy Commissioner and also hit by Section 17 of the Registration Act for want of registration. Therefore, the first transaction by wayof relinquishment is illegal. Immediately, thereafter in order to … am not inclined to interfere with the orders. This writ application is dismissed.5. Writ application dismissed. Chotanagpur Tenancy Act, 1908 - Section 46--Registration Act, 1908--Section 17--Restoration of land--Belonging to a member of Scheduled Tribe--Passed by the Commissioner, North

Smt. Santosh Achcha Vs. State of Karnataka by Its Secretary Revenue De ...

Court : Karnataka

Subject : Civil

Acts : Constitution of India - Articles 5, 14, 30 and 41; Registration Act, 1908 - Sections 52, 58, 59, 60, 62, 71 and 80A; Karnataka Stamp Act, 1957 - Sections 2, 2(1), 6, 28, 45A, 45A(1), 45A(2), 45A(5), 45B, 46, 47A(4) and 52(1) - Schedule - Article 20; Karnataka Stamp (Amendment) Act, 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 : ILR2008KAR2413

per Section 45A of the Karnataka Stamp Act. According to the petitioner, as per the provisions of the Registration Act, 1908 the 3rd respondent was required to register the document, he had no authority to refuse and at the … according to the petitioner, duty payable on the instrument has a first charge on the property, as per Section 46 of the Act and duty can be recovered as arrears of land revenue as per Section 80A of

The Andhra Pradesh Industrial Infrastructure Corporation Limited, a Co ...

Court : Andhra Pradesh

Subject : CompanyProperty

Acts : Companies Act, 1956 - Sections 46, 125, 126, 446, 446(1) and 446(2); Visakhapatnam Steel Project (Acquisition of Land) Act, 1972; Land Acquisition Act, 1894 - Sections 44A; Sick Industrial Companies (Special Provisions) Act, 1985; Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1968; Limitation Act, 1963 - Sections 15(2) and 66 - Schedule - Articles 65, 112 and 137; Government Grants Act, 1895; Transfer of Property Act, 1882 - Sections 5, 11, 32, 68, 73 and 73(2); Registration Act, 1908 - Sections 17(2); Central Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - Sections 2, 5(1), 5(2) and 8A; Capital of Punjab (Development and Regulation) Act, 1952; Companies (Court) Rules, 1959 - Rule 9; Land Acquisition (Companies) Rules, 1963; Chandigarh

Reported in : [2008]146CompCas399(AP)

of Transfer of Property Act, 1882 (TP Act, for brevity). Be it noted, as per Section 17(2)(vii) of Registration Act, 1908, any grant/alienation of immovable property by Government does not require registration.When transfer of property is effected, by reason … executed by APRL with APIIC is not conclusive and valid as it is not executed in accordance with Section 46 of Companies Act. Even if it is valid, there is no right reserved to APIIC to resume the

Mahadeo Nathuji Patil Vs. Surjabai Khushalchand Lakkad and ors.

Court : Mumbai

Subject : ContractProperty

Reported in : (1994)96BOMLR846

10 of the aforesaid Supplementary Amending Act, 1929, the proviso was introduced in Section 49 of the Indian Registration Act, 1908 in which it was provided that unregistered documents affecting immovable property and required by the said Act or … transferee. Such transferee has to take steps meticulously and effectively to achieve the ultimate result of the contract.Sections 46 and 47 of the Contract Act deal with the time and place of performance and how it is

Gladhurst Coop. Housing Society Ltd. Vs. Dr. (Mrs) V.B. Shah and anr.

Court : Mumbai

Subject : PropertyTrusts and Societies

Acts : Maharashtra Ownership Flats (Regulation of the permission of construction, sell, management and transfer) Act, 1963 - Sections 2, 3(2), 4, 4(1), 4A and 7(1); Corporation's Act - Sections 353A; Bombay Municipal Corporation Act - Sections 527; Monopolies and Restrictive Trade Practices Act - Sections 22, 44, 45, 46, 47, 49 and 149; Nursing Home Registration Act; Registration Act, 1908; Nursing Home Registration Rules; Development Control Rules, 1991 - Rules 4, 5 and 7; Development Control Regulations, 1991 - Regulation 7; Constitution of India - Articles 14, 141 and 227

Reported in : 2006(4)ALLMR426; 2006(4)BomCR97

persons who are to take or have taken such flats, and the agreement shall be registered under [the Registration Act, 1908 (hereinafter in this section referred to as 'the Registration Act, 1908'] [and such agreement shall be in the … same is traceable to Section 44 of M.R.T.P. Act. Grant of permission is contemplated by Section 45 thereunder. Section 46 prescribes the period of validity of permission granted vide Section 45. Section 47 provides for appeal in case

T.T. Meenakshi Achi and Others Vs. the District Registrar, Coimbatore ...

Court : Chennai

Subject : Civil

Acts : Stamp Act, 1899 - Sections 2(10) and 29(1) - Schedule - Articles 23, 44 and 46; Partnership Act, 1932 - Sections 32 and 42; Registration Act, 1908

Reported in : AIR1994Mad317

44 and 46 of Schedule to Stamp Act, 1899, Sections 32 and 42 of Partnership Act, 1932 and Registration Act, 1908 - petition to quash Order of respondents regarding payment of stamp duty - no transfer inter vivos and … charged shall convey an interest in land and that seems therefore to bring it necessarily within the 4th section of the Statute of Fraud.' In the case before us,as also in Samuvier's case, ILR Mad 72 :

K.P. Hamsa S/O. Late Saidali Haji, Vs. Assistant Commissioner of Sales ...

Court : Kerala

Subject : Sales Tax/Vat

Acts : Kerala General Sales Tax Act - Sections 21, 26A and 26B; Kerala Revenue Recovery Act - Sections 36, 37, 38, 46, 49, 56, 57(1), 57(2), 58 and 58(2); Indian Registration Act, 1908; Code of Civil Procedure (CPC) , 1908

Reported in : (2009)20VST72(Ker)

Act. Sub Section (2) of Section 57 provides that registration of the certificate of sale under the Indian Registration Act, 1908 shall be insisted upon in case the purchaser requests that he may be put in possession of the … P1 judgment dated 30-5-2006 directing the Tahsildar to dispose of the claim petitions filed by the petitioners under Section 46 of the Kerala Revenue Recovery Act. The learned Single Judge who disposed of the writ petition held thus

G. Sarvaiah Goud and ors. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Subject : Property

Acts : A.P. Land Grabbing (Prohibition) Act, 1982 - Sections 6A and 6A(5); A.P. Rights in Land and Pattadar Pass Books Act, 1971; A.P. (T.A.) Tenancy and Agricultural Lands Act; A.P. (T.A.) Abolition of Inams Act; A.P. (A.A.) Inams (Abolition and Conversion into Ryotwari) Act; A.P. (A.A.) Estates (Abolition and Conversion into Ryotwari) Act; Transfer of Property Act, 1882; Registration Act, 1908; Constitution of India - Articles 38, 39 and 46

Reported in : 2009(4)ALT141

Act, 1882, and treats it on par with a document, registered in accordance with the provisions of the Registration Act, 1908. In the ultimate analysis, the exercise is, one of recognition of the jural relationship, which is already in … under:It is now settled policy of the Government as enjoined under Article 46 of the Constitution and the Directive Principles, particularly Articles 38 and 39(b) … Sri K.Vivek, learned Counsel appearing for the petitioners, submits that issuance of pass books and title deeds under Section 6A of the Act, is nothing, but a formality of recognition of ownership, and once the petitioners have