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Brij Raj Singh [Dead] by L.Rs. and ors. Vs. Sewak Ram and anr.

Court : Supreme Court of India

Subject : CivilProperty

Acts : Transfer of Property Act, 1882 - Sections 3 and 123; Evidence Act, 1872 - Sections 68, 69 and 90; Indian Registration Act, 1908 - Sections 35; Transfer of Property Act, 1882 - Sections 59

Reported in : AIR1999SC2203; JT1999(3)SC298; (1999)3MLJ117(SC); RLW1999(3)SC434; 1999(2)SCALE690; (1999)4SCC331; [1999]2SCR779; 1999(2)LC837(SC)

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 … any event, according to the learned Senior Counsel, the examination of one attesting witness satisfies the requirement of Section 68 of the Evidence Act. He also submitted that even one attesting witness need not have been examined in

The Managing Committee and ors. Vs. State of Bihar and ors.

Court : Patna

Subject : PropertyCivil

Acts : Indian Registration Act, 1908 - Sections 68(2)

No. 14743 dated 21-9-2001 in exercise of the powers vested upon him under Section 68(2) of the Indian Registration Act, 1908.2. The facts in brief are that certain land was gifted by late Mannalal Sah to the Government of

Thimma Naika Vs. Papanna @ Kempegowda and Others

Court : Karnataka

Subject : Land Acquisition

Acts : Code Of Civil Procedure (CPC) - Order 41, Rule 27; Evidence Act, 1872 - Section 68, Indian Registration Act, 1908; Transfer of Property Act - Section 3

100 - Order 41 Rule 27 - Transfer of Property Act - Section 3 - Evidence Act, 1872 Section 68 - Indian Registration Act, 1908 - Appellant execute an amended or rectification deed incorporating and the boundaries, as … of any document other than a Will, which is 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

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,

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 … 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 been defined under Section 2(h) of the Indian Succession Act,

Beepathumma and ors. Vs. Mohamed Nakoor Meera Rowther and ors.

Court : Kerala

Subject : Property

Acts : Muhamedan Law; Registration Act, 1908 - Sections 52, 58, 59, 60 and 68; Evidence Act, 1872 - Sections 67 and 114

Reported in : AIR1977Ker54

and in that connection reliance was placed by him on Sections 52 and 58 - 60 of the Registration Act, 1908 as also on the decision of Raman Nayar, J. (as he then was) in Sumathy Amma v. Kunju-lakshmi … that could be proved under Section 67 of the Evidence Act, 1872 alone without the proof required under Section 68 of that Act, the court is only enabled to accept the certificate of registration endorsed by the Registrar

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 … the revenue.REASONS :-- 7. The answer to the question whether the Collector of Stamps has exercised powers under Section 68 read with Section 33 of the Act within reasonable period or not, depends upon consideration of number of

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 the requirements of proof of execution of a document falls for

A.G. Gopal Vs. The Chief Secretary cum Vigilance Commissioner, Chennai ...

Court : Chennai

Subject : Land Acquisition

refusing to register a document on the ground that the purported executant denies his execution. 36. In reality, Section 68 of the Registration Act, 1908 deals with 'Power of Registrar to superintend and control Sub-Registrars'. Further, the said … Indian Evidence Act, 1872 that all official acts were performed in accordance with the procedure prescribed under the Registration Act, 1908. In fact, the burden is on the prosecuting agency to establish that an individual had abutted in committing

Karuppa Konar @ Porikarar Karuppa Konar (Deceased) and Others Vs. Chin ...

Court : Chennai

Subject : Land Acquisition

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 … Document No.271/1967 on the file of the Sub Registrar, Singanallur. But a proper consideration of the proviso to Section 68 of the Indian Evidence Act, 1872 will show that the exemption is not available for the proof of