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K. Chidambara Manickam Vs. Shakeena and ors.
Chennai
Aug-10-2007
PropertyBanking
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(4), 13(6), 13(8), 17, 35 and 37; Transfer of Property Act, 1882 - Sections 2, 54, 57 and 60; Registration Act, 1908 - Sections 10(2), 17, 17(1) and 17(2); Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Security Interest (Enforcement) Rules 2002 - Rule 9 and 9(7); Constitution of India - Article 226
AIR2008Mad108; [2009]152CompCas196(Mad)
not come to end by issuance of a sale certificate. But, after considering the relevant provisions in the Registration Act, 1908, we are not in agreement with the conclusion arrived by the learned single Judge in allowing the writ … to as 'borrowers'. As they defaulted in repayment, the second respondent/Bank issued notices dated 19-10-2004 and 1-12-2004 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity,
Tag this Judgment! AI Brief & AskNeena Sudarshan Wadia (Smt.) Vs. Venus Enterprises
Mumbai
Feb-09-1983
Civil
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer), Act, 1963 - Sections 4, 7 and 7(1); Registration Act, 1908 - Sections 17
1984(2)BomCR505
Act has to be a written agreement and that written agreement has to be registered under the Indian Registration Act, 1908. But in the present case, the plaintiff does not have any written agreement for sale of the flat … R.A. Aggarwal, J.1. Both these appeals involve chiefly the interpretation of the provisions of section 7(1)(i) and (ii) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act,
Tag this Judgment! AI Brief & AskP. Laxmi Devi Vs. Government of A.P. and Others Overruled
Andhra Pradesh
May-08-2001
Civil
Andhra Pradesh Stamp Act, 1899 - Sections 47-A; Andhra Pradesh Stamp (Amendment) Act, 1971 - Sections 7; Constitution of India - Articles 14 and 19(1); Registration Act, 1908
AIR2001AP446; 2001(3)ALT666
Instruments of conveyance etc., under-valued how to be dealt with :--(1) Where the registering officer appointed under the Registration Act, 1908, (Central Act 16 of 1908), while registering any instrument of conveyance, exchange, gift, partition, settlement, release, agreement relating … appropriate stamp duty. Latest is the amendment contained in A.P. Act No.S of 1998. After such amendment, by Section 7 of the Amendment Act, Section 47-A of Stamp Act, as amended in State of Andhra Pradesh, reads thus:'47-A.
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Food Corporation of India and ors. Vs. Babulal Agrawal
Supreme Court of India
Jan-05-2004
Tenancy
Transfer of Property Act - Sections 106 and 107; Constitution of India - Article 299; Registration Act, 1908 - Sections 2(7), 17(1), 17(2), 17(2)(IA) and 49; Indian Registration Act, 1864; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Limitation Act - Sections 3 - Schedule - Article 55
2004(2)ALD66(SC); 2004(5)ALLMR(SC)574; 2004(2)AWC1571(SC); JT2004(1)SC220; (2004)2MLJ57(SC); (2004)137PLR72; 2004(1)SCALE158; (2004)2SCC712; [2004] 1 SCR 129
as contained in Section 107 of the Transfer of Property Act and Sections 17(1) and 49 of the Registration Act, 1908. This decision, therefore, would not help the appellant in the instant case since it is nobody's case that … the High Court have rightly relied upon the decisions of this Court reported in AIR 1968 SC page 718 in the case of Union of India and Ors. v. Anglo-Afghan Agencies etc., where it was held that
Tag this Judgment! AI Brief & AskDr. Rayadurgam Gurappa and anr. Vs. Chowdam Kondappa
Andhra Pradesh
Jun-14-2005
Civil
Indian Registration Act, 1908 - Sections 17, 17(1), 17(1A) 17(2), 49, 49(2); Indian Stamp Act, 1899 - Schedule 1A - Article 6B; Transfer of Property Act, 1882 - Sections 53A; Specific Relief Act, 1877; Indian Registration Act, 1866; Indian Registration (Amendment) Act, 1871; Indian Registration (Amendment) Act, 1877
AIR2006AP28; 2005(5)ALD381
Sonti Sambasiva Rao, : 2004(1)ALD629 , wherein the learned Judge of this Court held at Paras 5 to 7 that Section 17 of the Registration Act, 1908 reads as follows:17. Documents of which registration is compulsory :--The … value of the immovable property of more than Rs. 100/-is compulsorily registerable under Section 17 of the Indian Registration Act, 1908 and in view of the nature of the suit, the proviso to Section 49 of the Act cannot
Tag this Judgment! AI Brief & AskAshok Kumar S/O Dulichand Sharma Vs. Shri Jethmal Motilal Jedia S/O Mo ...
Mumbai
Aug-14-2009
ContractProperty
General Clauses Act, 1897 - Sections 3 and 32; Limitation Act - Sections 12, 14, 14(2) and 32 - Schedule - Article 59; Indian Penal Code; Court Fees Act - Sections 7; Registration Act, 1908 - Sections 31, 32, 33, 88 and 89; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 3 - Order 7, Rule 10 - Order 33, Rule 2
2009(111)BomLR3727; 2009(6)MhLj629
since the power of attorney itself is not registered as contemplated by Section 32 and 33 of the Registration Act, 1908. The Sections read as follows '32. Persons to present documents for registration - Except in the cases mentioned … was observed by the Judicial Committee approving of the decision in ' Ishri Prasad v. Baijnath' 28 All 707 (C) that, '...the term of Section 32 and 33 of Act III of 1877 are imperative and that
Tag this Judgment! AI Brief & Ask24 Parganas Lawyers' Clerks Association and Ors. Vs. State of West Ben ...
Kolkata
Apr-09-1984
Civil
Constitution of India - Articles 14, 19(1), 43 and 226; ;Registration (West Bengal Amendment) Act, 1981 - Section 5; ;West Bengal Registration (Deed Writers), Rules, 1982 - Rules 4, 6, 6(1), 7, 10, 14, 15, 19, 20, 21 and 123; ;Registration Act, 1908 - Sections 57 and 80G; ;Bengal Registration Rules, 1962 - Rules 120 to 125 and 129; ;Bengal Touts Act, 1942; ;Suceession Act; ;Transfer of Property Act, 1882 - Section 3
AIR1986Cal205
such purpose being less expensive. Notwithstanding licences being granted to the deed writers under Section 80G of the Registration Act, 1908 the licensed lawyers' clerks were all along permitted to act as deed writers. The case of the petitioners … for self and as the General Secretary of the said Association were added as respondents Nos. 6 and 7 in this Rule. 3. The petitioner No. 1 is an association of licensed Clerks of lawyers and advocates
Tag this Judgment! AI Brief & AskRaj Prasanna Kondur Vs. Arif Taher Khan and ors.
Mumbai
Dec-23-2004
Tenancy
Maharashtra Rent Control Act, 1999 - Sections 7(5), 24, 43, 43(2), 43(3), 43(4), 44(1), 44(2), 47, 55, 55(1), 55(2) and 55(3); Registration Act, 1908 - Sections 17, 23 and 49; Bombay General Clauses Act, 1897 - Sections 27; Bombay General Clauses Act, 1897 - Sections 28; Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 - Sections 3; Constitution of India - Articles 227 and 254(2)
2005(4)BomCR383
it was contended that there was no valid registration of the agreement in terms of the provisions of Registration Act, 1908, and consequently, the agreement in question is not admissible in evidence, and therefore, no application under Section 24 … 'License' has not been defined under the said Act. However, the term 'Licensee' has been defined under Section 7(5) of the said Act. It provides that the licensee in respect of any premises or any part thereof
Tag this Judgment! AI Brief & AskShailesh Textile Industries Vs. the Chief Controlling Revenue Authorit ...
Gujarat
Sep-15-1993
CivilCommercial
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
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 … -- M/s. Shailesh Textile Industries is a registered partnership firm and carries on business in textile through its 7 partners. The applicant-firm wanted to avail of loan and credit facilities and, therefore, approached Dena Bank, which is
Tag this Judgment! AI Brief & AskSri Jagannath Dhali and ors. Vs. Sri Ram Chandra Mandal and ors.
Kolkata
Nov-20-2009
Property
West Bengal Non-Agricultural Tenancy Act - Section 8; ;West Bengal Land Reforms Act, 1955 - Sections 5(5), 7, 8 and 8(1); ;West Bengal Land Reforms (Amendment) Act, 1972 - Section 7; ;Registration Act, 1908 - Sections 47, 49, 59 and 60; ;Transfer of Property Act, 1882 - Section 17; ;Specific Relief Act, 1877; ;Bengal Tenancy Act - Section 26F; ;Code of Civil Procedure (CPC) - Section 99; ;Constitution of India - Articles 227 and 300A
AIR2010Cal32
of deed of sale without valid registration of the same being complete under the relevant provisions of Indian Registration Act, 1908, would be squarely hit by the provision of Section 49 therein, which reads as follows:49. Effect of non-registration … exchange or by partition, or(b) a transfer by bequest or gift, or hiba-bil-ewaz, or(c) a mortgage mentioned in Section 7,(d) a transfer for charitable or religious purposes or both without reservation of any pecuniary benefit for any individual,
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