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Bidhan Paul Vs. Paresh Chandra Ghosh

Court : Guwahati

Subject : Civil

Acts : Evidence Act, 1872 - Sections 65, 74(1), 74(2), 76 and 79; Registration Act, 1908 - Sections 52(1)

drawn as to the genuineness of such certified copies. 10. On careful perusal of Section 52(l)(c) of the Registration Act, 1908, it reveals that as soon as a document is admitted for registration, the contents of the documents are … certified copy of such document shall be presumed to be genuine copy of the original in view of Section 79 of the Evidence Act. 9. On the other hand, Mr. B. Das, learned senior counsel for the respondent

Dattaprasad Co-operative Housing Society Limited and ors. Vs. State of ...

Court : Karnataka

Subject : CivilConstitution

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 38; Karnataka Co-operative Societies (Amendment) Act of 2001; Registration Act, 1908 - Sections 17(1) and 17(2); Karnataka Stamp Act, 1957 - Sections 68 - Schedule - Article 20(1) and 20(2); Co-operative Societies Act, 1912 - Sections 27; Constitution of India - Articles 246 and 254

Reported in : ILR2004KAR1892; 2004(3)KarLJ310

has exempted the Co-operative Societies from the application of provisions of Section 17(1)(b) and (c) of the Indian Registration Act, 1908 (hereinafter referred to as the 'Registration Act') for compulsory registration of the documents and payment of stamp duty … Regulations regarding the age of superannuation made by the electricity board under the specific power vested by Section 79(c) of the Electricity (Supply) Act, 1948, which was contended to be a special law as against the Industrial

Firm Mukand Lal Veer Kumar and anr. Vs. Purushottam Singh and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Provincial Insolvency Act, 1920 - Sections 6 and 9(1); Indian Registration Act, 1908 - Sections 17, 47 and 79(2); Transfer of Property Act - Sections 53A, 122 and 123

Reported in : AIR1968SC1182; [1968]2SCR862

be made in the same way as goods sold may be delivered.' 8. Section 47 of the Indian Registration Act, 1908 (Act 16 of 1908) is to the following effect : 'A registered document shall operate from the time … is, however, no provision in the Act corresponding to s. 99 of the Presidency-towns Insolvency Act. But s. 79(2)(c) of the Act provides for rules to be made by the High Court as to the procedure to

Brigadiar Harjit Singh Son of Late Shri Inder Singh Vs. Rangmahal thea ...

Court : Mumbai

Subject : Tenancy

Acts : Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Sections 13A(1) and 13A(2); Evidence Act - Sections 79; Registration Act, 1908 - Sections 17, 17(1), 23, 25 and 47; Maharashtra Co-operative Societies Act, 1960 - Sections 38(1) and 41; Constitution of India - Article 14

Reported in : 2008(1)ALLMR794; 2008(2)BomCR166; 2008(2)MhLj362

of immovable property, irrespective of its valuation, is compulsorily required to be registered under Section 17(1)(a) of the Registration Act, 1908. The sale deed of immovable property of the value of one hundred rupees and above is also compulsorily … Pradesh, Bihar and Orissa under whom the present applicant was serving as Brigadier at the time of retirement.11. Section 79 of the Evidence Act reads as follows:79. Presumption as to genuineness of certified copies. -The Court shall presume

Sant Ram Vs. Brij Mohan Kaura (Dead) and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Contract Act, 1872 - Sections 62; Evidence Act, 1872 - Sections 79, 91, 92 and 111; Transfer of Property Act, 1882 - Sections 41 and 59; Registration Act, 1908 - Sections 60; Specific Relief Act, 1963 - Sections 20; Code of Civil Procedure (CPC) , 1908 - Sections 96 and 100

Reported in : AIR2006P& H176; (2006)143PLR655

settled that a certificate of registration issued in respect of a registered document under Section 60 of the Registration Act, 1908 is considered to be an ample proof of the fact that the document is registered. Under Section 79

D. Pavanesh Vs. the State of Karnataka Represented by Its Chief Secret ...

Court : Karnataka

Subject : CivilProperty

Acts : Constitution of India - Articles 14, 19, 226, 227, 246 and 300A; Registration Act, 1908 - Sections 17, 17(1), 18, 22, 22A, 22A(1), 22A(2), 31, 32, 33, 49, 70C, 72(2), 77, 88 and 89; Registration Rules; Karnataka Registration (Amendment) Act, 1976; Karnataka Land Revenue Act, 1964 - Sections 95, 148(3), 202 and 202(4); Karnataka Municipalities Act, 1964; Karnataka Land Reforms Act - Sections 79A, 79B and 109; Karnataka Municipal Corporations Act; Karnataka Town and Country Planning Act, 1961 - Sections 14; Karnataka Town and Country Planning (Amendment) Act, 1991; Bangalore Development Act; Karnataka Government (Transaction of Business) Rules, 1977 - Rule 19(1); Constitution of India (44" Amendment) Act, 1978; Indian Contract Act - Sections 23; Code of Civil Procedure (CPC) - Ord

Reported in : AIR2006Kant97; ILR2006KAR861; 2006(2)KarLJ396

of Karnataka has issued a notification dated 23-4-2005 in exercise of its powers under Section 22-A of the Registration Act, 1908, as amended by the Karnataka Act 55 of 1976 which is at Annexure-A to the writ petition. As … release certificate from the competent local planning authority.Those properties/sites formed on revenue land without requisite permission under Section 79/A and B read with Section 109 of Karnataka Land Reforms Act.The proviso to the said Notification exempts the

Mrs Mary Joyce Poonacha Vs. M/s K T Plantations Pvt Ltd

Court : Karnataka

Subject : Land Acquisition

proceeding with the matter and the High Court was unjustified in refusing to interfere. Section 34(3) of the Registration Act, 1908, (for short, 'the Act'), empowers the Registrar when a document is presented for registration to enquire and satisfy … to agriculturla property in favour of a company is valid in the light of bar contained in Section 79(b) of Land reforms Act?.3. Can there be a declaration that the sale deed with respect to property which

Hameed and ors. Vs. Kanhaiya

Court : Allahabad

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 6, Rule 2; Transfer of Property Act, 1882 - Sections 54; Specific Relief Act, 1963 - Sections 31, 32, 32(5) and 32(6); Evidence Act, 1872 - Sections 50, 63, 63(1), 65, 66, 79 and 101 to 104; Registration Act, 1908 - Sections 57; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 331

Reported in : AIR2004All405; 2005(1)AWC738

it and order it to be delivered and cancelled.(2) If the instrument has been registered under the Indian Registration Act 1908 (16 of 1908), the Court shall also send copy Of its decree to the officer in whose office … given in evidence;''In cases (a), (c) and (d), any secondary evidence of the contents of document is admissible.'31. Section 79 of the Evidence Act reads as under:'79. Presumption as to genuineness of certified copies.-- The Court shall presume

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

Court : Andhra Pradesh

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 … a rebuttable presumption of genuineness of a certified copy arises under S. 79 of the Evidence Act provided that, (as stated in the proviso thereto), … to the claimant and such an adjudication is totally different from the offer made by the L.A.O. (Collector). Section 53 of the Land Acquisition Act further provides that save in so far as they may be inconsistent

Shivani Enclaves Pvt. Ltd. and Another Vs. State of Rajasthan and Othe ...

Court : Rajasthan

Subject : Commercial

Acts : Indian Registration Act, 1908 - Sections 78 and 79; Constitution of India - Articles 14, 226 and 265; Rajasthan Nazul (Disposal by Public Auction), Rules, 1971; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 5

Reported in : 2000(3)WLC94

1,25,157.50 as registration fee. In pursuance of the notification issued by the Government on 15.12.1952 u/s 78 and 79 of the Registration Act, 1908. The trustees filed a writ petitionwhile maintaining that they were prepared to pay … and 6), issued by the Stateof Rajasthan in exercise of powers conferred under Section 78 of the Indian Registration Act, 1908 (hereinafter referred to as the 'Act'), as ultravires with further direction to the State to refund the amount