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Aug 09 2007

Kurni Banda Thiripalaiah (Died) by Lrs. Vs. Atmakur Nagabhushanam Chet ...

Court : Andhra Pradesh

Decided on : Aug-09-2007

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 58, 58(1), 59, 60, 60(2) and 89; Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 - Sections 3

Reported in : 2008(1)ALD626; 2008(2)ALT383

and 60 of the Indian Registration Act had been relied upon in this regard. Section 58 of the Registration Act, 1908 deals with Particulars to be endorsed on documents admitted to registration and Section 58(1)(c) reads as hereunder:On every

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Nov 25 2003

Bhagat Ram and anr. Vs. Suresh and ors.

Court : Supreme Court of India

Decided on : Nov-25-2003

Subject : PropertyFamily

Acts : Evidence Act, 1872 - Sections 68; Indian Succession Act, 1925 - Sections 2, 63 and 70; Indian Registration Act, 1908 - Sections 58 and 59

Reported in : AIR2004SC436; 2004(2)AWC1179(SC); (SCSuppl)2003(2)CHN144; 98(2004)CLT114(SC); [2004(2)JCR150(SC)]; 2003(10)SCALE13; (2003)12SCC35

to which Section 68 applies if it 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. However, … that he had regularly performed his duty and therefore the facts spelled out by the endorsements made under Section 58 and 59 of the Registration Act may be presumed to be correct without formal proof thereof. The duties

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Sep 19 2008

Yelamarthi Jaya Lakshmi (Died) Per L.R. Vs. Devilal Janwar and ors.

Court : Andhra Pradesh

Decided on : Sep-19-2008

Subject : Property

Acts : Hindu Succession Act, 1956; Usurious Loans Act; Transfer of Property Act, 1882 - Sections 58 and 59; Indian Registration Act, 1908 - Sections 17; Evidence Act - Sections 91, 92 and 114; Limitation Act - Schedule - Article 57; Hindu Law

Reported in : 2009(3)ALT372

a case the document which constitutes the bargain regarding securing require registration under Section 17 of the Indian Registration Act, 1908, as a non-testamentary instrument creating an interest in immoveable property, where the value of such property is one … the creation of mortgage by deposit of title deeds. Mortgage by deposit of title deeds defined under Section 58(f) of the Transfer of Property Act specifies as hereunder:Where a person in any of the following towns, namely,

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Feb 04 1969

M. L. Abdul Jabbar Sahib Vs. M. V. Venkata Sastri and Sons and ors.

Court : Supreme Court of India

Decided on : Feb-04-1969

Subject : Civil

Acts : Transfer of Property Act, 1882 - Sections 3, 59 and 100; Indian Registration Act, 1908 - Sections 58 and 59

Reported in : AIR1969SC1147; (1969)1SCC573; [1969]3SCR513

consent to its execution were not attesting witnesses and were not disqualified from taking as legatees.8. The Indian Registration Act. 1908 lays down a detailed procedure for registration of documents. The registering officer is under a duty to enquire … of the executant and of every person examined with reference to the document are endorsed on the document, (Section 58). The registering officer is required to affix the date and his signature to the endorsements (Section 59). Prima

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Oct 24 2006

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Decided on : Oct-24-2006

Subject : Property

Acts : 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

Reported in : 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 … the ambit of registration law and if a document does not fall under any of the categories in Sections 17 and 18 of the Registration Act, the registering officer is bound to refuse to admit the document … any way.56. The attention of this Court is also invited to Rule 58, which while laying down that it is not duty of the registering

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Mar 17 1939

Surendra Bahadur Singh Vs. Behari Singh

Court : Mumbai

Decided on : Mar-17-1939

Subject : Criminal

Reported in : (1939)41BOMLR1047

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.22. Section … therein mentioned. But the particulars which are to be endorsed on documents which are admitted for registration, under Section 58, do not include statements as to the above-mentioned facts, which, in their Lordships' opinion, are necessary for proving

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Sep 15 1993

Shailesh Textile Industries Vs. the Chief Controlling Revenue Authorit ...

Court : Gujarat

Decided on : Sep-15-1993

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 … with as provided under Section 54 of the Act as if the reference is made by the C.C.R.A. Section 58 of the Act empowers the appellate Court or the High Court as the case may be, to record

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Nov 18 1970

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

Court : Rajasthan

Decided on : Nov-18-1970

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 … practicable, immediately after the registering officer has copied, or filed a memorandum of the document to which it relates.Section 58. Particulars to be endorsed on documents admitted to registration.--(1) On every document admitted to registration, other than a

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Jan 17 1986

H.G. Nanjappa Vs. M.F.C. Industries (P) Ltd.

Court : Chennai

Decided on : Jan-17-1986

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 58; Registration Act, 1908 - Sections 17

Reported in : AIR1987Mad108; (1987)IMLJ180

Defendant to pay the costs of the plaintiff - costs Rs. 250/-.26. Petition dismissed. Property - mortgage - Section 58 of Transfer of Property Act, 1882 and Section 17 of Registration Act, 1908 - plaintiff brought suit against … necessary and operates to create the charge in conjunction with the deposit, it requires registration under S. 17, Registration Act, 1908 as non-testamentary instrument creating -an interest in immovable property, where the value of such property is one hundred

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Dec 24 1971

Pentala Githavardhana Rao and ors. Vs. the Andhra Bank Ltd. and ors.

Court : Andhra Pradesh

Decided on : Dec-24-1971

Subject : Commercial

Acts : Transfer of Property Act, 1882 - Sections 58; Registration Act, 1908 - Sections 17; Provincial Insolvency Act, 1920 - Sections 28(2); Hindu Law; Code of Civil Procedure (CPC), 1908 - Sections 34

Reported in : AIR1973AP245

Appeal dismissed. Commercial - equitable mortgage - Section 58 of Transfer of Property Act, 1882, Section 17 of Registration Act, 1908, Section 28 (2) of Provincial Insolvency Act, 1920, Section 34 of Code of Civil Procedure, 1908 and Hindu Law

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