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Benga Behera and anr. Vs. Braja Kishore Nanda and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Succession Act, 1925 - Sections 63 and 278; Evidence Act, 1872 - Sections 63, 65, 68, 69, 70 and 71; Registration Act, 1908 - Sections 52 and 58; Transfer of Property Act - Sections 3

Reported in : 2007(5)ALD97(SC); 104(2007)CLT552(SC); (2007)5MLJ159(SC); 2007(7)SCALE228; (2007)9SCC728; 2007AIRSCW3741; AIR2007SC1975; 2007(7)SCALE228; 2007(4)KCCRSN283.

proves attestation. A Sub-Registrar in the matter of registration of a document acts under the provisions of the Registration Act, 1908 (1908 Act). Section 52 of the 1908 Act prescribes the duty of Registering Officer when document is presented … S.B. Sinha, J.1. Interpretation and application of Section 63 of the Indian Succession Act, 1925 as well as Section 68 of the Indian Evidence Act, 1872 vis--vis

Bhagat Ram and anr. Vs. Suresh and ors.

Court : Supreme Court of India

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, … and explaining, altering or adding to its depositions, and shall be deemed to form part of the will;'12. Section 63 provides, by enacting the rules, for the manner in which an unprivileged will (the class to which the

Sri J.T. Surappa and anr. Vs. Sri Satchidhanandendra Saraswathi Swamij ...

Court : Karnataka

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 2, 63 and 295; Evidence Act - Sections 68; Indian Registration Act, 1908; Transfer of Property Act - Sections 3; Code of Civil Procedure (CPC) , 1908

Reported in : ILR2008KAR2115; 2008(3)KLT150; 2008(3)KCCR1484; 2008(4)AIRKarR480; AIR2008NOC2433; 2008AIHC3029(Kar)

law it makes no difference. Even if the said Will is registered under the provisions of the Indian Registration Act, 1908 whether the execution of the Will is admitted or denied, it is necessary to call an attesting witness … suspicious circumstances exist surrounding the execution of the Will?(5) Whether the Will has been executed in accordance with Section 63 of the Indian Succession Act, 1925, read with Section 68 of the Evidence Act?29. The word 'Will' has

Residents Welfare Association, Noida Vs. State of U.P. and ors.

Court : Supreme Court of India

Subject : Property

Acts : Uttar Pradesh Stamp Act - Sections 2(10), 47, 47(4A), 47A, 47A(1), 47A(2), 47A(3), 47A(4) and 52 - Shedule - Articles 5(1), 23 and 63; Indian Registration Act, 1908 - Sections 23 and 52; Transfer of Property Act - Sections 3, 54 and 105; Indian Stamp Act, 1899 - Sections 2(16) - Shedule - Articles 23 and 63; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; Constitution of India - Article 226

Reported in : 2009(3)AWC2580(SC); JT2009(6)SC448; 2009(6)SCALE94; 2009(7)LC3150(SC); 2009(3)LHSC1837

minimum value determined in accordance with any rules made under the Act, the registering officer appointed under Indian Registration Act, 1908, shall, notwithstanding anything contained in the said Act, immediately after presentation of such instruments and before accepting it … property in order to evade stamp duty paid - Appeal disposed of - INDIAN REGISTRATION ACT (16 of 1908) Section 23 & Stamp Act, Section 47-A: [Dr. Arijit Pasayat & Tarun Chatterjee, JJ] Registration of an instrument of … the very nature of the land and therefore both Articles 23 and 63 of the Schedule of the Indian Stamp Act would be applicable.2) Whether

Mahendra Investment Advisors Pvt. Ltd. and ors. Vs. Md. Abdul Asad Ale ...

Court : Andhra Pradesh

Subject : Civil

Acts : Evidence Act, 1872 - Sections 63, 65, 66 and 74; Registration Act, 1908 - Sections 57 and 57(3); Estates Abolition Act

Reported in : 2009(2)ALT516

to adduce the Photostat copies of documents as a secondary evidence as prayed for.11. Section 57 of the Registration Act, 1908 deals with Registering officers to allow inspection of certain books and indexes, and to give certified copies of … No. 1 is the Xerox copy of registered sale deed dated 19.12.1992 being document No. 11832 of 1992. Section 63 of the Act dealing with secondary evidence reads as hereunder:Secondary evidence:- Secondary evidence means and includes:1. certified copies

In Re: Narayanaswami Iyer

Court : Chennai

Subject : Criminal

Reported in : 18Ind.Cas.662

ORDERRalph Benson, O.C.J.1. Under Section 63 of the Registration Act, 1908, the Sub-Registrar had authority to administer an oath to the petitioner and to record a note of the

Usha Gupta Vs. Aerens Goldsouk International Limited

Court : Punjab and Haryana

Subject : Arbitration

complete effect to the provisions of Section 1(A), the Legislature also added proviso to Section 49 of the Registration Act, 1908. Section 49 of the Registration Act deals with the effect of non-registration of the documents required to be registered

Smt. Sushila Devi and ors. Vs. Rameshwar Dayal

Court : Allahabad

Subject : Civil

Acts : Indian Registration Act, 1908 - Sections 18, 27, 28, 29, 30, 31, 32, 40(1), 88 and 89; Evidence Act, 1872 - Sections 63, 65, 66, 68 and 74; Code of Civil Procedure (CPC) - Sections 100

Reported in : 2005(3)AWC2728

any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is … 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.)'13. Section 63 of the Evidence Act provides what is secondary evidence. Section 63 of the Evidence Act is as follows

Amangenti Prameela and anr. Vs. P. Venkat Reddy (Died) by Lrs. and ors ...

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Evidence Act, 1872 - Sections 63, 63(2) and 65; Registration Act, 1908 - Sections 17

Reported in : 2004(3)ALD66; 2004(3)ALT218

photocopy was admissible as it was reproduction of original through mechanical process. (ii) Partition - Section 17 of Registration Act, 1908 - suit for partition and separate possession - unregistered partition deed presented as evidence - Section 63 of

L. Bakthavatsalam and ors. Vs. R. Alagiriswamy (Died) and ors.

Court : Chennai

Subject : Property

Acts : Hindu Succession Act, 1956 - Sections 8, 14, 14(1), 14(2), 30 and 63; Central Act, 1986; Indian Succession Act, 1956; Evidence Act, 1872 - Sections 63, 65, 68, 69, 71 and 80; Specific Relief Act - Sections 34; Indian Registration Act, 1908 - Sections 58 and 60; Indian Succession Act, 1925 - Sections 63; Hindu Women's Right to Property Act, 1937 - Sections 3, 14, 15 and 16; Code of Criminal Procedure (CrPC) - Sections 145; Central Act, 1986; Code of Civil Procedure (CPC) - Order 2, Rule 2

Reported in : 2007(5)CTC513; (2007)6MLJ128

any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is … the Indian Evidence Act and not under Section 68 of the said Act. He would also submit that Section 63 of Indian Succession Act applies only to cases where Section 68 of the Indian Evidence Act is applicable