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Veerappa and ors. Vs. Smt. Halavva and ors.

Court : Karnataka

Subject : PropertyCivil

Acts : Hindu Succession Act, 1956 - Sections 8; Evidence Act, 1972; Registration Act, 1908 - Sections 17 and 49; Transfer of Property Act, 1882; Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 41, Rule 27

Reported in : ILR2008KAR2159; 2008(5)KarLJ485; ILR2008(2)Kar2159; 2008(5)KLJ485; 2008(2)KCCR1015; 2008(3)AIRKarR253; AIR2008NOC2172; 2008AIHC2449(Kar)

there being no transfer of interest in immovable property, necessitating registration in terms of Section 17 of the Registration Act, 1908 and not being on any stamp paper also being not any impediment to admit the document as even … is allowed and the matter remanded to the Trial Court. - INDIAN REGISTRATION ACT, 1908 [C.A. No. 16/1908] Sections 17 & 49: [D.V. Shylendrakumar,J] Palu patti - Requirement as to registration Held, The document having been described as

Thippareddy Obulamma and ors. Vs. Balu Narasimhulu and ors.

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Indian Registration Act, 1908 - Sections 17 and 49; Indian Stamp Act, 1899 - Sections 33 and 35; Transfer of Property Act; Specific Relief Act, 1877; Code of Civil Procedure (CPC) - Sections 151

Reported in : AIR2003AP525

be no order as to costs. Civil - admissibility in evidence - Sections 17 and 49 of Indian Registration Act, 1908, Sections 33 and 35 of Indian Stamp Act, 1899, Transfer of Property Act, Specific Relief Act, 1877 and Section

S.M.Syed Mohammed Buhari Vs. the Sub Registrar and ors.

Court : Chennai

Subject : Civil

Acts : Registration Act, 1908 - Sections 17, 71 to 76; Transfer of Property Act, 1882 - Section 2; Indian Evidence Act, 1872; Constitution of India - Article 226; Registration Rules - Rule 55

a Settlement Deed and such a deed requires a registration under Section 17 of the Registration Act, 1908. Section 48 of the Registration Act, 1908, … his son can be permitted to be revoked by a subsequent registration of a Cancellation Deed under the Registration Act, 1908. (ii) Is the registering authority bound to register the Cancellation Deed or can go into the validity of … Act prescribes that the Chapter dealing with gifts would not affect any rule of Mahomedan Law. 21.Reading together Sections 2, 9 and 129 of the Transfer of Property Act, 1882 along with the provisions of the Mahomedan

Raj Prasanna Kondur Vs. Arif Taher Khan and ors.

Court : Mumbai

Subject : Tenancy

Acts : 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)

Reported in : 2005(4)BomCR383

accept the contention on behalf of the petitioner that though the Section 17 of the Registration Act, 1908 does not enumerate the agreement for leave … 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 … Since the petitioner did not vacate the premises, the respondents filed an application before the competent authority under Section 24 of the Maharashtra Rent Control Act, 1999, hereinafter called as 'the said Act', for eviction of the

R.M. Palat Vs. P.A. Nedungadi

Court : Kerala

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 5 - Order 48, Rule 3; Transfer of Property Act, 1882 - Sections 4 and 59; Registration Act, 1908 - Sections 17 and 49

Reported in : AIR1958Ker377

costs of the respondent. Civil - security bond - Order 41 Rule 5 of Code of Civil Procedure, 1908, Sections 17 and 49 of Registration Act, 1908 and Sections 4 and 59 of Transfer of Property Act, 1882 - … :'Sections 54, paragraphs 2 and 3, 59, 107, and 123 shall be read as supplemental to the Indian Registration Act, 1908' and the first paragraph of Section 59 :'Where the principal money secured is one hundred rupees or upwards,

State of Kerala Vs. George Jacob

Court : Kerala

Subject : Civil

Acts : Kerala Finance Act, 2005; ;Kerala Stamp Act, 1959 - Sections 2, 2(12), 3, 9, 17, 27, 33, 35, 40, 60 and 64 ;Registration Act, 1908 - Sections 23, 25, 31, 32, 35, 47, 49, 61, 74, 88 and 89; ;Transfer of Property Act, 1882 - Sections 53A, 54 and 59; ;Code of Civil Procedure (CPC) - Sections 64 - Order 38, Rule 10; ;Transfer of Property (Amendment) Supplementary Act, 1929 - Sections 10; ;Theft Act, 1968 - Sections 20(2); ;Indian Stamp Act, 1899 - Sections 2(14) and 2(17); ;Government of India Act, 1935 - Sections 175(3)

Reported in : AIR2006Ker111; 2005(4)KLT709

of Kerala shall be stamped before or at the time of execution, read with Section 23 of the Registration Act, 1908 providing for four months' time for presentation of documents for registration, from the date of its execution, concluded … Act as meaning 'signed' and 'signature' as also the provisions of Section 17 of the Kerala Stamp Act providing that all instruments chargeable with duty … detail as also the decisions cited at the Bar. Before considering the arguments, we may note the relevant sections of the Kerala Stamp Act which have bearing on the issue in question. The relevant provisions of Section

B.R. Shamala and Vs. Kundan S. Bhayani and ors.

Court : Chennai

Subject : Civil

Acts : Registration Act, 1908 - Sections 17; Code of Civil Procedure (CPC) , 1908 - Order 34, Rule 11

Reported in : AIR1999Mad441; (1999)3MLJ74

case the document which constitutes the bargain regarding security requires registration and under Sec. 17 of the Indian Registration Act, 1908, as a non-testamentary instrument creating an interest in immovable property where the value of such property is one … a memorandum evidencing a past transaction and therefore does not require registration. Regarding interest, it is argued that Section 34 of Code of Civil Procedure will not apply and plaintiffs are entitled to enforce the mortgage by

Dadi Reddy Sivanarayana Reddy Vs. Kasi Reddy Chinnamma

Court : Andhra Pradesh

Subject : ContractProperty

Acts : Registration Act, 1908 - Sections 7, 17(1), 48 and 49; Specific Relief Act, 1963; Evidence Act, 1872 - Sections 3 and 91; Transfer of Property Act, 1882 - Sections 53-A; Transfer of Property (Amendment) Supplementary Act, 1929; Stamp Act, 1899 - Sections 2(1); Code of Civil Procedure (CPC), 1908 - Sections 115; Specific Relief Act, 1877

Reported in : 2001(1)ALD349; 2001(1)ALT524

given in proof of the terms of the contract except the document itself. Under Section 49 of the Registration Act, 1908 (hereafter called 'the Registration Act') no document required by Section 17 of the Act or by any provision … affecting such property if it is not registered as per law.9. It is therefore necessary to refer to Sections 17 and 49 of the Registration Act to the extent they are relevant. Section 17(1) of the Registration Act

Kapil Chamar (Dead) Through L.Rs. and anr. Vs. Bagharaj

Court : Chhattisgarh

Subject : PropertyCivil

Acts : Transfer of Property Act, 1882 - Sections 54; Registration Act, 1908 - Sections 17, 34, 35, 38, 59 and 60; Evidence Act, 1872 - Sections 101

Reported in : 2005(4)MPHT63(CG)

Therefore, to support fraud or personation no evidence has been adduced by the plaintiff.13. Section 60 of the Registration Act, 1908 reads as below:'60. Certificate of Registration.-- (1) After such of the provisions of Sections 34, 35, 58 and … of Rs. 100/- and upwards can be made only by the registered document as per provision of Section 17 of the Registration Act.9. Section 101 of the Evidence Act reads as below :--'101. Burden of proof.-- Whoever

Minor Dorairaj Vs. K. Kr. Karuppiah Ambalam and ors.

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 and 16; Indian Registration Act, 1908 - Sections 17(1)

Reported in : AIR1970Mad119

on behalf of the plaintiffs that nevertheless it had to be registered under Section 17(b) of the Indian Registration Act, 1908, because claim was made to immoveable property in Krishna District in British India on the basis of that … decide any suit within the local limits of whose Jurisdiction the defendant resides, subject to limitations prescribed in Sections 16 to 19. But it must bo admitted that one of those limitations apply to this suit. If