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Dec 23 2004

Raj Prasanna Kondur Vs. Arif Taher Khan and ors.

Court : Mumbai

Decided on : Dec-23-2004

Subject : Tenancy

Acts : 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)

Reported in : 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 … below ought to have allowed the application filed by the petitioner. Drawing attention to Section 24 read with Section 55 of the said Act and further to the fact that the agreement in question was sought to be … the summon, however, was served on the servant of the petitioner on 5th May, 2003. As the petitioner failed to appear and to seek leave

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Mar 30 2011

Velumoopan, and ors. Vs. the Inspector General of Registration, and or ...

Court : Chennai

Decided on : Mar-30-2011

Subject : Registration

Acts : Registration Act, 1908 - Section 55(5) ;

In the counter affidavit filed by the respondents, it is stated that as per Section 55(5) of the Registration Act, 1908, the power of attorney being a miscellaneous document is to be registered in Book No.4 and details of

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Feb 11 2011

M/S.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal and ors.

Court : Chennai

Decided on : Feb-11-2011

Subject : Constitution

Acts : Constitution of India - Article 226; Registration Act - Sections 32-A, 17, 34, 22-A; Specific Relief Act, 1963 - Section 31; Tamil Nadu Bhoodan Yagna Act, 1958 - Section 3

Reported in : AIR2011Mad66(FB)

of Property Act speaks of Section 54 and obligates the provisions to be read as supplemental to the Registration Act, 1908. Learned counsel contended that the question as to whether the provisions of Transfer of Property Act should be … provisions of Section 32-A of the Registration Act have been complied with. 5. Doubting the correctness of the judgment rendered in W.P.No.8567 of 2008, as … the State to legislate was the subject matter of challenge. He referred, in particular, to paragraphs 54 & 55 of the judgment. 16. In short the argument of the learned counsel is that the cancellation of sale

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Jul 19 2006

Motamma Vs. the Land Tribunal and ors.

Court : Karnataka

Decided on : Jul-19-2006

Subject : Property

Acts : Karnataka Land Reforms Act, 1961 - Sections 5, 35(3), 44, 45, 48A, 48A(4), 48(5), 48A(5A), 48(A)(1), 48A(2), 55, 55(1), 55(2), 60, 61, 61(1), 62, 77, 81A, 82 and 83; Karnataka Land Reforms (Amendment) Act, 1974; Karnataka Land Reforms Rules, 1974 - Rules 21C, 35, 35(3), 36 and 37; Registration Act, 1908; Companies Act, 1956 - Sections 3

Reported in : 2007(4)KarLJ633

of the certificate issued under Sub-section (1) to the concerned Sub-Registrar who shall, notwithstanding anything contained in the Registration Act, 1908 (Central Act 16 of 1908) or any other law, register the same.The corresponding Rule 21-C reads:21-C. Issue of … the land.The consequences of the conferring of occupancy rights by the Land Tribunal results in its registration under Section 55 of the Act which reads:55. Issue of certificate of registration.- (1) On receipt of the final orders passed … 1.3.1974) other than lands held by them under leases permitted under Section 5 of the act shall with effect on and from the said date

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Jul 23 1968

Leela Dhundiraj Divekar Vs. E.C. Shinde and anr.

Court : Mumbai

Decided on : Jul-23-1968

Subject : PropertyCivil

Acts : Suits Valuation Act, 1887 - Sections 8 and 9; Registration Act, 1908 - Sections 72, 77 and 78; Code of Civil Procedure (CPC), 1908 - Sections 15; Bombay City Civil Court Act, 1948 - Sections 3; Transfer of Property Act, 1882 - Sections 8; Registration Act, 1877 - Sections 77; Limitation Act, 1877 - Sections 6 and 7; Code of Criminal Procedure (CrPC) , 1898 - Sections 417 and 417(3); Limitation Act, 1908 - Sections 5 and 29(2); Indian Stamp Act, 1899 - Schedule - Article 55

Reported in : AIR1970Bom109; (1969)71BOMLR305; 1969MhLJ487

is a suit filed by one of the executants of a document under Section 77 of the Indian Registration Act, 1908, for a decree directing the Defendants, who are the appropriate registering authorities, to register the document in question … has been followed in the case of In re Maneklal Manilal 30 Bom LR 1396 AIR 1928 Bom 553 that though the Stamp Act and the Registration Act cannot, strictly speaking be said to be enactments which … the said estate, paid to the said Suresh a sum of Rs. 52,106, and paid to herself in her personal capacity as the heir of

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Mar 11 1929

Khoo SaIn Ban Vs. Tan Guat Tean

Court : Mumbai

Decided on : Mar-11-1929

Subject : Property

Reported in : (1929)31BOMLR873

a charge can only found a claim in law if the provisions of Section 17 of the Indian Registration Act, 1908, are complied with. The provision is as follows:-17 (1) The following documents shall be registered... (b) other non-testa … of sale we fail to see how any of the rights and liabilities of buyer and seller under Section 55 can be enforced.'12. The Board agrees with the result reached by the High Court, but thinks that the … 'in part satisfaction of' his debt which was stated to be Rs. 52,734. The price of the plot was Rs. 15,000, leaving a balance of

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Apr 25 2013

Rohit and Another Vs. State of Maharashtra and Another

Court : Mumbai Aurangabad

Decided on : Apr-25-2013

Subject : Education

may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908. (2) The responsibility of getting such agreement registered shall be on the landlord and in the absence of … The respondent No.2 has taken godown from the petitioners on 1.6.2001 on monthly rent of Rs.1000/-. As per Section 55 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as the "said Act" for short), a duty … the petitioners on 1.6.2001 on monthly rent of Rs.1000/-. As per Section 55 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as the

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Oct 03 1974

Dattatreya Shanker Mote and ors. Vs. Anand Chintaman Datar and ors.

Court : Supreme Court of India

Decided on : Oct-03-1974

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 5, 8, 12, 13, 17, 38, 48, 50, 54, 58, 100, 105, and 118; Registration Act - Sections 48; Specific Relief Act, 1877 - Sections 27; Code of Civil Procedure (CPC) - Sections 11 - Order 21, Rule 66 - Order 34, Rules 4, 6, and 15

Reported in : (1974)2SCC799; [1975]2SCR224

to effecting a transfer of an interest or ownership in a specific immoveable property.27. Section 48 of the Registration Act, 1908, as it now emerges after the amendment Act 21 of 1929, gives a priority to an oral agreement … to search the registers for any prior sale, mortgage or charge would necessarily inspect Index II, which under Section 55(3) of the Registration Act is required to contain such particulars mentioned in Section 21 relating to every such … 13, 1949 in favour of the said plaintiff respondent 14 for Rs. 50,000/- On July 7, 1951 a charge was created by a decree in

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Feb 21 2002

Dominic Dias Margaao Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Panji

Decided on : Feb-21-2002

Subject : Land Acquisition

Reported in : (2003)87ITD1Panji

land, all transfers of land by way of sale or gift are compulsorily registerable under the provisions of Registration Act, 1908. For the purpose of such registration, adequate stamp duty has to be paid by the parties in accordance, … grievance of the assessee is that the learned CIT(A) is not justified in holding that the proceedings under Section 147 of the Act were properly initiated with sufficient ground for issue of notice under Section 148. All … the aforesaid property as on 1st April, 1981, in terms of Section 55(2)(b)(ii) of the IT Act.The relevant facts briefly stated are like these : … Pallolem Revenue Village falls within the jurisdiction of Canacona Municipal limits w.e.f. 5th March, 1985, i.e., from the date of existence of Canacona Municipal Council.

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Mar 24 2008

K.V. Sudha Rani and ors. Vs. the Vijayawada-guntur-tenali-mangalagiri ...

Court : Andhra Pradesh

Decided on : Mar-24-2008

Subject : Property

Acts : Andhra Pradesh Urban Areas (Development) Act, 1975 - Sections 3; Indian Registration Act, 1908 - Sections 17; Registration Rules, - Rule 26; Evidence Act, 1872 - Sections 91; Transfer of Property Act, 1882 - Sections 5, 6, 7, 8, 54 and 55; Specific Relief Act, 1963 - Sections 31, 31(1) and 31(2)

Reported in : 2008(4)ALD545; 2008(3)ALT760

has any power or jurisdiction to unilaterally cancel the sale deeds validly registered under the provisions of the Registration Act, 1908 (for short 'the Act'). If the respondent-authority is satisfied that fraud is played in the registration of the … property is one hundred rupees and upwards, sale shall have to be effected only by a registered instrument. Section 55 of the said Act contains the rights and liabilities of buyer and seller, which govern the sale as … 299 to 302, 305 to 313 of Mangalagiri Municipality and R.S. Nos. 56 to 65, 72 to 75, 77 to 83, 85, 87 to 93,

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