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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 … shall be sent by the Registrar under the signature and seal of this Court as required under Section 56(2) of the Bombay Stamp Act, 1958. Civil - period of limitation - Sections 2, 31, 32, 33, 34,

Association of Commerce House Block Owners Ltd. Vs. Vishandas Samaldas ...

Court : Mumbai

Subject : Civil

Acts : Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Sections 4, 7 and 7(1); Contract Act, 1872 - Sections 56; Registration Act, 1908 - Sections 23 to 26, 28 to 31 and 32

Reported in : (1981)83BOMLR339

who are to take or have taken such flats, and the agreement shall be registered under the Indian Registration Act, 1908 and such agreement shall contain the prescribed particulars; and to such agreement there shall be attached such documents … the learned Advocate-General was that the agreement must be treated as void having regard to the provisions of section 56 of the Contract Act. The first paragraph of section 56 provides that an agreement to do an act

The Chief Executive Officer, Goa State Co-operative Bank Ltd. and Anot ...

Court : Mumbai Goa

Subject : Land Acquisition

sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908, from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar … on 1/7/2003. According to the appellants, the limitation for seeking the decree for declaration is prescribed by Article 56 of the Limitation Act and it is 3 years from the date when the issuance of the instrument

Pushpa Sareen Vs. State of U.P.

Court : Allahabad

Subject : Land Acquisition

value determined in accordance with any rules made under this Act the registering officer appointed under the Indian Registration Act, 1908, shall refer the same to the Collector for determination of the market value of such property and the … 1,46,317.50 holding the valuation of the land and building to be Rs.17,63,032/-. The purchasers filed a revision under Section 56 (1) of the Stamp Act before the Chief Controlling Revenue Authority which was dismissed on 13 January 1990.

J.H.V. Sugar Corporation Ltd. Vs. Chief Controlling Revenue Authority, ...

Court : Allahabad

Subject : Criminal

Acts : Indian Stamp Act, 1899 - Sections 13, 14, 26, 31. 33, 35, 37, 38(2), 40(1), (2), (4), (5), 41, 42(1), 45(2), 47A(1), (4), 57A, 56(1), 59, 60 and 61; Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128 and 145 to 148; Uttar Pradesh Act, 1992; Indian Registration Act, 1908

Reported in : 2001(2)AWC1170; (2001)2UPLBEC1140

minimum value determined inaccordance with any rules made under this Act, the registering officer appointed under the Indian Registration Act. 1908 shall refer the same to the Collector for determination of the market value of such property and the … (hereinafter referred to as 'the Act') is maintainable before the Chief Controlling Revenue Authority exercising the powers under Section 56(1) of the Act. This moot point has cropped up in the following circumstances.2. The petitioner M/s. J.H.V. Sugar

Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and ors.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2(1), 7, 9, 10, 26, 45, 46, 47, 56 and 107; Trade Marks Act, 1940 - Sections 3, 5, 6, 12, 17, 18, 19, 20, 21, 23, 25, 30, 105, 106, 108, 109, 111 and 129; Constitution of India - Article 226; Merchandise Marks Act, 1889; Specific Relief Act, 1877 - Sections 54; Indian Registration Act, 1908; Code of Civil Procedure (CPC) - Order 6, Rule 17 - Order 39, Rules 1 and 2

Reported in : AIR1999SC22; JT1998(7)SC243; 1998(5)SCALE655; (1998)8SCC1; [1998]Supp2SCR359; MANU/SC/0664/1998; AIR 1998 SC 22

the registration problem was tackled by obtaining a declaration as to ownership of a trade-mark under the Indian Registration Act, 1908. The present Act which, as pointed out above, has repealed the Indian Merchandise Marks Act, 1889 and Trade … meantime, Chinar Trust, through its attorneys, wrote on 10.09.1997 to the registrar to take suo motu action Under Section 56(4) for cancellation of the Certificate of Renewal granted to the appellant on 29.07.1997 and the registrar, acting on

Bhagwandas G. Agrawal Vs. Brijwasi Dughdhalaya Private Limited and anr ...

Court : Mumbai

Subject : LimitationIntellectual Property Rights

Acts : Limitation act, 1963 - Schedule - Article 137; Trade and Merchandise Marks Act, 1958 - Sections 46, 56 and 107

Reported in : 2002(6)BomCR796; (2002)4BOMLR335

this case time must be reckoned from the date of knowledge of registration of the respondent No. 1's trade mark i.e. 1-4-1985. According to the … Division.'Three yearsWhen the right toapply accrues.At this juncture, it is necessary to note that under the earlier Limitation Act, 1908, petitions were not considered to be applications and that is evident from Section 2(b) of the new Act … the Limitation Act, the learned counsel for the respondent No. 1 submitted that the petition for rectification under Section 56 of the Act must be filed within three years when the right to apply accrues. In a case

State Bank of India Vs. Laxminarayan and anr.

Court : Chhattisgarh

Subject : Civil

Acts : Evidence Act, 1891 - Sections 4, 56 and 57; ;Indian Registration Act, 1908; ;Code of Civil Procedure (CPC) , 1908 - Order 5, Rule 17 - Order 6, Rules 14 and 15 - Order 29, Rule 1; ;State Bank of India, General Regulation, 1955 - Regulation 76; ;Madhya Pradesh Land Revenue Code, 1959; ;Madhya Pradesh Krishi Udhar Pravartan Tatha Prakirn Upbandh (Bank) Adhiniyam, 1972

Reported in : 2005(4)MPHT52(CG)

as below :--'8. Registration of charge and mortgage in favour of banks.--(1) Notwithstanding anything contained in the Indian Registration Act, 1908 (No. 16 of 1908), a charge in respect of which a declaration has been made under Sub-section (1) … not been proved by producing a copy of the Gazette. Learned Trial Court ignored the provisions of Sections 56 and 57 of the Evidence Act vide which he was empowered to take judicial notice of the regulation

Smt. Nur Bhanu and ors. Vs. Abdul AmIn Bhuinya and ors.

Court : Guwahati

Subject : Property

Acts : Limitation Act - Schedule - Article 59 - Sections 3, 56 and 59; Evidence Act - Sections 65, 68 and 101; Transfer of Property Act - Sections 123; Indian Registration Act, 1908; Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 2, Rule 3

any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied.15. Considering … about the execution and the suit is filed after a lapse of 5 years, which is barred under Section 56 of the Limitation Act and hence held that the suit is barred by limitation.The other two issues also

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 … property should be evicted. After the sale and the confirmation thereof, the purchaser's name shall be registered under Section 56 of the Act and the Collector shall grant a certificate of sale to the purchaser. Before the grant