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Jun 20 2008

Mahadeo S/O Tulsiram Pathade (Dead) Through Lrs. S/O Mahadeo Pathade a ...

Court : Mumbai

Decided on : Jun-20-2008

Subject : Civil

Acts : Indian Registration Act, 1908 - Sections 17(1), 17(2) and 49; Indian Registration Act, 1864; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Code of Civil Procedure (CPC) - Sections 100 - Order 20, Rule 12

Reported in : 2008(5)ALLMR671; 2008(6)MhLj496

appellant, document Exh.43 was executed to record partition, hence, registration was compulsory under Section 17(2) of the Indian Registration Act. It is also contended by the learned Counsel for the appellant that the suit property was granted to … the learned Counsel for the appellant, document Exh.43 was executed to record partition, hence, registration was compulsory under Section 17(2) of the Indian Registration Act. It is also contended by the learned Counsel for the appellant that

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Jan 11 1974

Ratan Lal Sharma Vs. Purshottam Harit

Court : Supreme Court of India

Decided on : Jan-11-1974

Subject : Arbitration

Acts : Arbitration Act - Sections 17; Registration Act - Sections 17;

Reported in : AIR1974SC1066; (1974)1SCC671; [1974]3SCR109; 1974(6)LC185(SC)

immovable properties is movable property and the assignment 6f the share does not require registration under Section 17 Registration Act. (See Ajudhia Parshad Ram Parshad v. Sham Sunder and Ors. A.I.R. 1947 Lah 13. Addanki Narayanappal v. Bhaskara … not, as we held, look in to it, the Court could not pronounce judgment in accordance with it. Sections 17 Arbitration Act presupposes an award which can be validly looked into by the Court. The appellant cannot successfully

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Apr 05 1971

Ragaiya Bagavathar and anr. Vs. Kesava Bagavathar

Court : Chennai

Decided on : Apr-05-1971

Subject : Property

Acts : Indian Registration Act, 1866 - Sections 17, 17(1) and 49; Indian Registration (Amendment) Act, 1871; Indian Registration (Amendment) Act, 1877 ; Transfer of Property Act, 1882

Reported in : AIR1972Mad324; (1971)2MLJ387

Act, the following rules must be observed. 'The strictest construction should be placed on the prohibitory and penal sections of the Registration Act which impose serious disqualifications for non-observance of registration. S. 17 of the Act, being … rate of interest as originally provided for in the mortgage deed would attract S. 17(1)(b) of the Indian Registration Act and therefore would require registration. Before the learned District Judge two points were urged on behalf of the

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Mar 31 1998

G. Vasantha Pai Vs. Special Commissioner and Commissioner (Land Reform ...

Court : Chennai

Decided on : Mar-31-1998

Subject : PropertyContract

Acts : Indian Contract Act, 1872 -- Sections 182, 196, 199; Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 -- Sections 6, 5(1), 9(1) (4); Constitutions of India -- Article 226; Registration Act, 1908 -- Sections 17 (1); Benami Transations (Prohibition) Act, 1988 -- Sections 4; Land Ceiling Act -- Sections 27, 43; Indian Registration Act -- Sections 17 (1)

Reported in : 1998(2)CTC272; (1998)IIIMLJ414

acted upon can be recognized in law, though not registered under (Sec. 17 (1) (b) of the) Indian Registration Act, while determining the excess vacant land under the provisions of the Tamil Nadu Urban Land (Ceiling and Regulation) … confirmed by her on 9.6.1976 could be held to be a ratification which dates back to 27.5.1976 under Sections 196 to 199 of the Contract Act and no question of legal infirmity arises. That Sections 196 to

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Dec 15 2009

Narendra Kante Vs. Anuradha Kante and ors.

Court : Supreme Court of India

Decided on : Dec-15-2009

Subject : Civil

Acts : Registration Act, 1908 - Sections 17 and 17(2); Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Hindu Law

Reported in : 2010(1)ALT52(SC); 2010(1)AWC921(SC); 2009(14)SCALE665; (2010)2SCC77

account of non-registration, since the same did not require registration within the meaning of Section 17 of the Registration Act, 1908.6. The High Court accepted the contention that a partition had been effected between the heirs of Bapu … to be inadmissible on account of non-registration, since the same did not require registration within the meaning of Section 17 of the Registration Act, 1908.6. The High Court accepted the contention that a partition had been effected

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Aug 28 1984

M.S. Seethamma Vs. M.K. Neelamma

Court : Karnataka

Decided on : Aug-28-1984

Subject : Family

Acts : Hindu Law; ;Registration Act, 1908 - Sections 17(2); ;Coorg Land And Revenue Regulation, 1899

Reported in : ILR1985KAR883

dated l-5-1958 is an out and out partition deed which requires compulsory registration under Section 17(1)(b) of the Registration Act and since it was not registered that document is an invalid document, cannot be relied upon by the … of a suomoto arbitration ordered by the Assistant Commissioner it would fall under sub-section (?) of Section 127. Sections 128 to 135 contained in Chapter XI deals with the mode of referring the matter to the arbitration,

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Mar 13 1961

Krishna Deva Bhargava and ors. Vs. Official Liquidator U.P. Oil Indust ...

Court : Allahabad

Decided on : Mar-13-1961

Subject : Company

Acts : Companies Act, 1956 - Sections 125; Companies Act, 1913 - Sections 109; Transfer of Property Act, 1882 - Sections 4, 59, and 100; Registration Act, 1908 - Sections 17(1)

Reported in : AIR1962All101; [1962]32CompCas925(All)

immovable property comprisedtherein, nor shall it be received as evidence of anytransaction affecting such property. The combinedeffect of Sections 17 and 49 of the Indian Registration Act, therefore, in our opinion is to make debentures of the third … the Registrar Joint Stock Companies, Lucknow, and also in the office of the Sub-Registrar, Lucknow under the Indian Registration Act. The second series of debentures were issued on the 23rd of June, 1950, for a sum of Rs.

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Nov 21 1990

Sardar Singh Vs. Smt. Krishna Devi and Another

Court : Delhi

Decided on : Nov-21-1990

Subject : Contract

Acts : Registration Act, 1908 - Sections 17 and 49; Arbitration Act, 1940 - Sections 3, 14 and 17; Indian Registration Act, 1871; Indian Registration Act, 1877; Transfer of Property Act, 1882 - Sections 24 to 26 and 27 - Rules 76-A, 90(15) and 768; Code of Civil Procedure (CPC), 1908

Reported in : AIR1991Delhi178; ILR1991Delhi495

that the award having been transferred into a decree was not compulsorily registerable under S. 17(l) of the Registration Act, 1908. In any event a decree of the Court was exempt from registration under S. 17(2)(vi) of the … is necessary to examine Ss. 17(l) and 49 of the Registration Act. The relevant portions of the said sections read thus:'17. Documents of which registration is compulsory:- (1) The following documents shall be registered, if the property

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Aug 16 1985

Veerappa Lakshmappa Angadi Vs. Siddanagouda Basalinganagouda Dharmayat

Court : Karnataka

Decided on : Aug-16-1985

Subject : PropertyContract

Acts : Specific Relief Act, 1877 - Sections 27A; Transfer of Property Act, 1882 - Sections 53A; Registration Act, 1908 - Sections 2(7), 17, 27A, and 49

Reported in : ILR1985KAR3841

Specific Relief Act, Section 53A of the Transfer of Property Act and Proviso to Section 49 of the Registration Act, are to be gone into. These three provisions were introduced in the respective Acts at one and the … Act, speaks of ''documents' which are required to be registered by Section 17 of by any provision of the Transfer of Property Act. Had it … only one party, as it usually is. It embodies the 'terms of a contract' within the meaning of Sections 91 and 92, Evidence Act.23. The mere fact that both parties have not signed the contract would not

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Jan 31 1978

Doddappa and ors. Vs. Basavanneppa Basappa Chinniwalar

Court : Karnataka

Decided on : Jan-31-1978

Subject : Tenancy

Acts : Registration Act, 1908 - Sections 17, 49 and 77; Transfer of Property Act, 1882 - Sections 106; Karnataka Rent Control Act, 1961 - Sections 21 and 21(1); Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 - Sections 111

Reported in : AIR1978Kant143; 1978(1)KarLJ414

proposition of law that a deed which is compulsorily registrable under Section 17 of the Registration Act, cannot be looked into, if it is not … also is stipulated in the deed. Such a deed obviously requires registration under Section 77 of the Indian Registration Act. It is not registered.The point, therefore, that arises for my consideration is, whether the Court could look into … instituted action for eviction of the tenants from the suit premises under Clause (h) of the proviso to Section 21 (1) of the Kamataka Rent Control Act, 1961, before the Munsiff, Bailhongal, claiming possession from the tenants

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