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Madhurani Singh Vs. Subhas Chandra Ghosh and ors.

Court : Patna

Subject : Property

O.P. No. 1 shows that the same is unregistered. It is submitted that under Section 17(a) of the Registration Act, 1908, a Deed of Gift of whatever value has to be registered. According to Mr. Chatterji, it is true … Under Section 49 of the Registration Act an unregistered Deed cannot be looked into for any purpose. Under Section 92 of the Evidence Act if there is a Deed, oral evidence is forbidden in respect of any term

Harmesh Kumar and ors. Vs. Maya Bai and anr.

Court : Punjab and Haryana

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 92; Registration Act, 1908 - Sections 60; Indian Contract Act, 1872 - Sections 17, 18 and 19; Uttar Pradesh Zamidari Abolition and Reforms Act, 1951 - Sections 331; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : AIR2006P& H1; (2005)141PLR853

misrepresentation. According to the learned counsel, in such like situation, the presumption raised under Section 60 of the Registration Act, 1908 (for brevity, 'the Registration Act') would also be rendered illusory and meaningless.CONCLUSION8. Having heard the learned counsel at … trial court.ARGUMENTS OF THE LEARNED COUNSEL7. Mr. S.C. Chhabbra, learned counsel for the defendant-appellants has argued that under Section 92 of the Evidence Act, 1872 (for brevity, 'the Act'), there is a complete exclusion of oral evidence to

Vijayabai and ors. Vs. Shriram Tukaram and ors.

Court : Supreme Court of India

Subject : Tenancy

Acts : Bombay Tenancy and Agriculture Lands (Vidarbha Region) Act, 1938 - Sections 2(32), 6, 7, 8, 19, 46, 49B and 100(2); Evidence Act, 1872 - Sections 92; Indian Registration Act, 1908 - Sections 49

Reported in : AIR1999SC431; 1999(1)ALLMR(SC)225; JT1998(8)SC105; 1998(6)SCALE211; (1999)1SCC693; [1998]Supp3SCR54

anything contained in Section 92 of the Indian Evidence Act, 1872, or in Section 49 of the Indian Registration Act, 1908, or in any other law for the time being in force, have power to inquire into and determine

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 case or the nature or course of dealings. The rule of construction embodied in proviso 6 to Section 92 of the Evidence Act which enables the Court to examine the facts and surrounding circumstances to which the

Dharampal Gir and anr. Vs. Smt. Angoori Devi

Court : Allahabad

Subject : Property

Acts : Registration Act, 1908 - Sections 17; Evidence Act, 1872 - Sections 92

Reported in : AIR1981All164

circumstances of the case the parties shall bear their own costs. Property - alienation - Section 17(b) of Registration Act, 1908 and Section 92 of Evidence Act, 1872 - suit for permanent injunction restraining defendant from alienating the properties

Kalavakurti Venkata Subbaiah Vs. Bala Gurappagari Guruvi Reddy

Court : Supreme Court of India

Subject : ContractCivil

Acts : Registration Act, 1908 - Sections 23-26, 32, 49, 72, 73, 76 and 77;Specific Relief Act, 1963; Constitution of India - Article 136; Evidence Act, 1872 - Sections 92

Reported in : AIR1999SC2958; JT1999(5)SC389; 1999(2)MPLJ302; RLW1999(3)SC445; 1999(4)SCALE466; (1999)7SCC114; [1999]Supp1SCR75

the respondent on the ground that the respondent had to avail the remedy under Section 77 of the Registration Act, 1908 [hereinafter referred to as 'the Act'] and not bring a suit for specific performance. The matter was carried … was to vary or contradict the term of the instrument and, therefore, was not permissible in view of Section 92 of the Evidence Act. The First Appellate Court did not, therefore, agree with the conclusion of the Trial

Jibhaoo Harisingh Rajput Vs. Ajab Singh Fakira Rajput

Court : Mumbai

Subject : Property

Acts : Debt Laws; Bombay Agricultural Debtros Relief Act, 1947 - Sections 2(5), 24, 24(1), 25 and 25(1); Transfer of Property Act, 1882 - Sections 54, 55, 55(6), 58 and 100; Bombay Agricultural Debtros Relief Act, 1939 - Sections 45; Dekkhan Agriculturists Relief Act - Sections 10A; Evidence Act, 1872 - Sections 91 and 92; Registration Act, 1908 - Sections 49; Limitation Act - Schedule - Articles 62 and 97

Reported in : AIR1953Bom145; (1952)54BOMLR971; ILR1953Bom253

Act. That Act also contained the words'notwithstanding anything contained in Section 92, Evidence Act, 1872, or Section 49, Registration Act, 1908, or in any other law for the time being in force,'and it has been held that these words

Anil Nanda and anr. Vs. Escorts Limited and ors.

Court : Delhi

Subject : Trusts and Societies

Acts : Societies Registration Act, 1860; Companies Act, 1913; Income Tax Act, 1961; Companies Act, 1956 - Sections 565; Limitation Act, 1963 - Sections 10; Code of Civil Procedure (CPC) - Sections 92 and 92(1) - Order 1, Rule 8 - Order 7, Rule 11

Reported in : 151(2008)DLT594; 2008(104)DRJ478

the Escorts Heart Institute and Research Centre, Delhi (EHIRC-Delhi) was registered as a charitable society under the Societies Registration Act, 1860 with the objective of running a world class specialist heart institution for the general public and to … applications under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') were heard together and are being disposed … by law inasmuch as it is alleged that the condition precedent of taking leave of the court under Section 92, CPC has not been fulfilled. The plaint is also sought to be rejected on the ground of limitation

Shalinibai Wd/O Trimbakrao Begde and ors. Vs. Narayan S/O Harnaji Bhal ...

Court : Mumbai

Subject : Property

Acts : Evidence Act - Sections 90, 91, 92 and 92(1); Registration Act, 1908 - Sections 49

Reported in : 2006(6)ALLMR369; 2006(6)MhLj752

open to the parties to raise a plea contra thereto.10. It is also to be noted that the Registration Act, 1908 under Section 49 makes a specific provision regarding effect of non-registration of documents which is otherwise required to … form of Kararnama of 27-8-1952 executed by both the parties.13. It is then sought to be contended that Section 92 of the Evidence Act clearly disentitles the appellant to contend contrary to the written document in the form

Candlewood Holdings Ltd. Vs. Allahabad Bank

Court : Kolkata

Subject : Civil

Acts : Transfer of Property Act - Sections 8, 107, 108 and 109; ;Indian Registration Act, 1908 - Sections 17(1) and 49; ;Kolkata Municipal Corporation Act, 1980 - Sections 193, 193(1) 194(1) 230 and 231; ;Evidence Act - Sections 92 and 114; ;Contract Act - Sections 73 and 74; ;Interest Act, 1839 - Section 1; ;Code of Civil Procedure (CPC) , 1908 - Section 34 - Order 7, Rule 14 - Order 8, Rules 6, 6A, 6B and 8A

Reported in : 1(2007)CLT548

by virtue of Section 107 of the T.P. Act read with Sections 17(1)(d) and 49 of the Indian Registration Act, 1908 cannot create a lease. The Court is disabled from using the instrument as evidence, but the Court can … another registered instrument, and any other communication purporting to introduce a variation in the lease is excluded by Section 92 of the Indian Evidence Act. Reference may be made to the case of Rawal & Co. v. K.G.