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Jun 19 1998

G. Chikkapapanna Alias G.C. Papanna Vs. Smt. Kenchamma (Deceased) by L ...

Court : Karnataka

Decided on : Jun-19-1998

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 54; Evidence Act, 1872 - Sections 3, 62, 63, 64, 65, 66, 74(2), 76, 77, 90 and 114; Registration Act, 1908 - Sections 57 and 61(2); Code of Civil Procedure (CPC), 1908 - Order 26, Rule 10-A; Trusts Act, 1882 - Sections 3 and 6; Uttar Pradesh Civil Laws (Amendment) Act, 1954; Hindu Succession Act, 1956 - Sections 14; Benami Transactions (Prohibition) Act, 1988 - Sections 4(1) and (2); Land Acquisition Act, 1894 - Sections 51-A

Reported in : ILR1998KAR3450; 1998(5)KarLJ360

document. The original has to be returned to the party (see sub-section (2) of Section 61 of the Registration Act, 1908). A similar argument would appear at one time to have had some acceptance in India, but it involves

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Nov 06 1997

M. Krishnan and 44 Others Vs. the District Collector, Erode District, ...

Court : Chennai

Decided on : Nov-06-1997

Subject : Civil

Acts : Indian Stamp Act, 1899 -- Sections 27, 47-A (1) (2) (3), 48, 64; Tamil Nadu Stamp (Prevention of Undervaluation) Rules, 1968, Rule 3; Constitution of India -- Article 14; Registration Act, 1908 -- Sections 61(2)

Reported in : 1998(3)CTC366

Instruments of conveyance, etc. under-valued, how to be dealt with:1. If the registering officer appointed under the Indian Registration Act, 1908 (Central Act XVI of 1908), while registering an instrument of conveyance, exchange, gift, release of benami right or … and not warranted. 14. It is further contended that the documents should have been returned in terms of Section 61(2) of the Registration Act, when the registration has been completed, and there is no reason at all to

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Aug 21 1987

Champaklal J. Gadani Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Aug-21-1987

Subject : Property

Acts : Registration Act, 1908 - Sections 60 and 61; Bombay Stamp Act, 1958 - Sections 32-A

Reported in : AIR1988Guj29; (1987)2GLR1141

learned counsel for the petitioner contended that once the document is registered as per section 61(2) of the Registration Act 1908, the said document has to be returned to the person who, presented the same for registration. He further

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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 … once an endorsement is made as stipulated in Section 60 of the Registration Act, under Sub-section (2) of Section 61, registration shall be deemed complete and the document so registered shall have to be returned to the person,

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Sep 05 1990

The Land Acquisition Officer, Vijayawade thermal Station Vs. Nutalapat ...

Court : Andhra Pradesh

Decided on : Sep-05-1990

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Order 13, Rules 1, 3, 4, 4(1), 5, 6 and 7 - Order 41, Rule 27; Evidence Act, 1872 - Sections 60, 61, 63, 65, 74(2) and 79; Evidence Act, 1877 - Sections 61 to 90 and 114; Registration Act, 1908 - Sections 57(5) and 61(2); Registration Act, 1877 - Sections 60(2); Land Acquisition Act, 1894 - Sections 11, 18, 22, 23, 24, 25, 26, 51-A and 53; Stamp Act

Reported in : AIR1991AP31

not retained by the Sub-Registrar but had to be returned to the party under S. 61(2) of the Registration Act, 1908. The Privy Council, as already stated above, upheld the first contention that if a document is admitted under … II deal with 'proof. We are concerned with Chapter IV (Ss. 61 to 90) dealing with 'documentary evidence'. Section 61 states :'S.61 : The contents of documents may be proved either by primary evidence or by secondary evidence.''Primary

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Apr 17 2002

Veerabhadrappa and anr. Vs. Jagadishgouda and ors.

Court : Karnataka

Decided on : Apr-17-2002

Subject : PropertyCivil

Acts : Karnataka Stamp Act, 1957 - Sections 28, 45A and 61; ;Registration Act, 1908 - Sections 47 and 71; Transfer of Property Act, 1882 - Sections 48; Constitution of India - Article 226

Reported in : ILR2003KAR3042; 2002(5)KarLJ55

from the date when the deed was executed. This principle can be gathered from the provisions of the Registration Act, 1908 (Sections 47 and 75) and several decisions the earliest of which are that of the Madras High Court … deeds?Re. Point No. (i):9. When the sale deeds in favour of appellants were executed in the year 1982, Section 45-A of the Karnataka Stamp Act, 1957 ('Act' for short), was inapplicable to Biligi Taluk where the lands … (father of respondents 5 and 6) was the owner of Sy. No. 61/1 measuring 7 acres 6 guntas and respondent 6 was the owner of

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Aug 30 2016

O. Jeevan Prakash Vs. The District Registrar (Document Registration), ...

Court : Chennai Madurai

Decided on : Aug-30-2016

Subject : Land Acquisition

Thanjavur District, is duty bound to register the document soon after receipt of registration charges in compliance with Sections 34, 35 and 58 to 61 of Registration Act, 1908. In this connection, the plea of the Petitioner … document, dated 14.07.2016 kept as a pending in document No.P201600016 and release the same in compliance with the Registration Act, 1908.) 1. Heard both sides. 2. By consent, the main Writ Petition itself is taken up for final disposal.

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Aug 18 2005

Smt. Swaran Lata Vs. State and Sh. P.P. Sharma

Court : Delhi

Decided on : Aug-18-2005

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 281; Registration Act, 1908 - Sections 61; Evidence Act, 1872 - Sections 22 and 33, Rule 3; Code of Civil Procedure (CPC) - Order 13, Rules 1 and 2

Reported in : AIR2006Delhi21; 123(2005)DLT264; 2005(84)DRJ135

worthy of reliance.4. That the registration of the Will was not proved as per Section 61 of the Registration Act, 1908.2. Needless to say that Mr. Makhija learned counsel appearing for the respondent refuted the submissions advanced by learned

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Aug 17 2005

Smt. Rekha Rana and ors. Vs. Smt. Ratnashree Jain

Court : Madhya Pradesh

Decided on : Aug-17-2005

Subject : Civil

Acts : Madhya Pradesh Accommodation Control Act; Evidence Act, 1872 - Sections 61, 62, 63, 64, 65, 66, 67, 68, 74, 74(2), 75, 76, 77 and 79; Indian Registration Act, 1908 - Sections 17, 18, 21, 35, 51, 52, 57, 57(5), 58 to 61 and 89; Transfer of Property Act - Sections 59

Reported in : AIR2006MP107; 2006(1)MPLJ103

any private documents. A sale deed (or any other deed of conveyance) when presented for registration under the Registration Act, is not retained or kept in any public office of a State after registration, but is returned to … of Section 74? The answer may be found in the Registration Act, 1908,10.1 When a document is presented for registration and the person executing it … two questions can be found in the Evidence Act.7.1 Chapter V of the Act deals with Documentary Evidence. Section 61 provides that contents of documents may be proved either by primary or by secondary evidence. Section 62 defines

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Feb 28 2006

Goutam Das Vs. Nirbhoy Chandra Chowdhury and ors.

Court : Kolkata

Decided on : Feb-28-2006

Subject : Property

Acts : Registration Act, 1908 - Section 61; ;West Bengal Land Reforms Act, 1955 - Sections 5(5), 7, 8, 9, 10 and 14M; ;West Bengal Land Reforms (Amendment) Act, 1972 - Section 7; ;Transfer of Property Act; ;Constitution of India - Article 227

Reported in : 2006(3)CHN600

the transfer must be by effecting a sale deed following the Transfer of Property Act read with the Registration Act, 1908. Once, the sale is not complete in terms of Section 61 of the Registration Act, obviously it could

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