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K.S.Vijayendran Vs. the Inspector General of Registration and anr.

Court : Chennai

Subject : Registration

Acts : Registration Act, 1908 - Sections 71, 34, 69; Registration Rules - Rule 162

has been passed by the second respondent by virtue of the power conferred under Section 71 of the Registration Act, 1908, which is as follows: "Section 71. Reasons for refusal to register to be recorded.-(1) Every Sub-Registrar refusing to … of this order. No costs. Consequently, M.P.No.1 of 2011 is closed. [P.JYOTHIMANI, J.] - Registration Act, 1908 - Sections 71, 34, 69 - Reasons for refusal to register to be recorded -- No registering officer shall accept for

K. Venkatachiapathy Setty Vs. K. Radhakrishna Setty

Court : Karnataka

Subject : Limitation

Acts : Registration Act, 1908 - Sections 71, 72 and 73; Limitation Act, 1963 - Sections 14 and 54

Reported in : ILR1989KAR2062

unable to entertain it.'12. Firstly, having regard to the provisions of Sections 71, 72 and 73 of the Registration Act, 1908 (the Act for short), it is clear that on refusal of registration of a document by the Sub-Registrar,

Deverneni Linga Rao Vs. Sub-registrar, Peddapalli, Karimnagar Dist.

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Registration Act, 1908 - Sections 71; Constitution of India - Article 226

Reported in : 1999(6)ALD144; 1999(6)ALT599

respondent in his counter. At this juncture it is appropriate to note that under Section 71 of the Registration Act, 1908 (for short 'the Act') the Sub-Registrar is bound to record reasons for his refusal. The said section is … specifically denied by the respondent in his counter. At this juncture it is appropriate to note that under Section 71 of the Registration Act, 1908 (for short 'the Act') the Sub-Registrar is bound to record reasons for

K. Surender Rao and ors. Vs. Government of Andhra Pradesh and anr.

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Registration Act, 1908 - Sections 71 and 72

Reported in : 2008(1)ALD645

part of the second respondent is contrary to the statutory requirements. The provisions of Section 71 of the Registration Act, 1908 clearly mandates that the Registering Authority, if refused to register a document, has to necessarily assign reasons to … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised

Smt. Santosh Achcha W/O G.M. Sripal JaIn Vs. State of Karnataka - by I ...

Court : Karnataka

Subject : Civil

Acts : Karnataka Stamp Act - Sections 2, 2(1), 28, 45, 45A, 45A(1), 45A(5), 45B, 46 and 52(1); Registration Act, 1908 - Sections 52, 58, 59, 60, 62, 71 and 80A; Karnataka Stamp (Amendment) Act, 1999; Karnataka Stamp (Amendment) Act of 1975; Punjab Stamp Act, 1982 - Sections 47A; Karnataka Stamp (Prevention of Under Valuation of Instruments) Rules, 1977 - Rule 4; Karnataka Stamps (Prevention of Under valuation of Instruments) Amendment Rules, 1999 - Rule 9; Karnataka Stamp (Constitution of Committee for Estimation of Property) Rules, 1992

Reported in : AIR2007Kant77; 2007(4)KarLJ189; 2007(4)KCCRSN252; 2007(2)AIRKarR530; AIR2007Kant77

per Section 45A of the Karnataka Stamp Act. According to the petitioner, as per the provisions of the Registration Act, 1908 the 3nd respondent was required to register the document, he had no authority to refuse and at the … neither in conflict with the Registration Act, nor constitutionally invalid. INDIAN REGISTRATION ACT, 1908] [C.A. No. 16 of 1908]. Sections 52, 68 & 60 & Karnataka Stamp Act, 1957; 45A & 45B (As amended by K.A No. 24 … most, he could refuse registration only as per the provisions of Section 71 of the Registration Act and there was no reason to refuse registration

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 … one of the exceptions where it is not possible to strictly comply with the requirements of Section 68. Sections 69, 70 and Section 71 are exceptions to Section 68. Section 69 provides for proof of a document

Tirumala Venkata Reddaiah Chowdary and anr. Minors Rep. by Mother Smt. ...

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Transfer of Property Act, 1882; Indian Stamp Act, 1899; Registration Act, 1908 - Sections 17, 22A, 49, 71, 72 and 77

Reported in : AIR2009AP166; 2009(3)ALT18

is governed by the provisions of the Transfer of Property Act, 1882, Indian Stamp Act, 1899 and the Registration Act, 1908, while the title, capacity of the parties to transfer the property etc. are governed by different laws such … to register a document, he has to pass an order under Section 71 of the Registration Act by recording his reasons for refusal to register, … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

V.V.S. Rao, J.PART - IINTRODUCTION:1. Almost a century old Registration Act, 1908, which came into force on 01.01.1909, after about fifteen amendments, has now thrown up sea-saw situation played by … the Rules (Rules 161 to 164) deal with 'refusal register'. Under Section 71 of the Registration Act, the registering officer has to record his reasons … the ambit of registration law and if a document does not fall under any of the categories in Sections 17 and 18 of the Registration Act, the registering officer is bound to refuse to admit the document

J.D. Pathak Vs. V.B. Barot and anr.

Court : Gujarat

Subject : Property

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 26 and 28; ;Registration Act, 1908 - Sections 20(1) and 71(2)

Reported in : AIR1982Guj317; (1982)2GLR633

interesting question of law as to the power of the Sub-Registrar acting under the provisions of the Indian Registration Act, 1908 (hereinafter referred to as 'the Registration Act') to refuse to accept for registration a document which, according to … 32 is the first section of that part and it states that except in the cases mentioned in Sections 31, 88 and 89, every document to be registered under the Act whether such registration be compulsory or … to the person presenting the same. Under Part 11 are found Secs. 71 onwards which deal with a situation and mode in which the Registrar

Smt. Santosh Achcha Vs. State of Karnataka by Its Secretary Revenue De ...

Court : Karnataka

Subject : Civil

Acts : Constitution of India - Articles 5, 14, 30 and 41; Registration Act, 1908 - Sections 52, 58, 59, 60, 62, 71 and 80A; Karnataka Stamp Act, 1957 - Sections 2, 2(1), 6, 28, 45A, 45A(1), 45A(2), 45A(5), 45B, 46, 47A(4) and 52(1) - Schedule - Article 20; Karnataka Stamp (Amendment) Act, 1975; Punjab Stamp Act, 1982 - Sections 47A; Karnataka Stamp (Prevention of Under Valuation of Instruments) Rules, 1977 - Rule 4; Karnataka Stamps (Prevention of Under valuation of Instruments) (Amendment) Rules, 1999 - Rule 9; Karnataka Stamp (Constitution of Committee for Estimation of Property) Rules, 1992

Reported in : ILR2008KAR2413

per Section 45A of the Karnataka Stamp Act. According to the petitioner, as per the provisions of the Registration Act, 1908 the 3rd respondent was required to register the document, he had no authority to refuse and at the … most, he could refuse registration only as per the provisions of Section 71 of the Registration Act and there was no reason to refuse registration … violation of the provisions of the Registration Act.33. In so far as provisions under the Registration Act under Sections 52, 58 & 60, it is to be seen that the Registration Act provides the procedure to be