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Sep 15 1993

Shailesh Textile Industries Vs. the Chief Controlling Revenue Authorit ...

Court : Gujarat

Decided on : Sep-15-1993

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

the 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 … to deposit of title deed, in reality it was a mortgage deed chargeable with stamp duty under Article 40 read with Article 25(b) of Schedule-I to the Bombay Stamp Act, 1958. The Collector of Stamps, therefore, passed

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Oct 27 2005

State of Kerala Vs. George Jacob

Court : Kerala

Decided on : Oct-27-2005

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

State 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 … is indeterminate, also refers to ascertainment of the value at the date of its execution or first execution. Section 40 prescribes the procedure whereby a person can get a document not duly stamped. A document not duly stamped

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Dec 20 2011

Siruvadi Mosque Wakf Vs. the Tamilnadu Wakf Board and ors.

Court : Chennai

Decided on : Dec-20-2011

Subject : Constitution

Acts : Wakf Act, 1995 - Sections 36, 40; Constitution of India - Article 226; Registration Act, 1908 - Section 22-A

of 2011 being the Muthawalli of Wakfs. The objections were sustained in the light of Section 22-A of the Registration Act, 1908. Thereafter, the said decision was overturned by the Sub-Registrar by taking note of the decision rendered in O.S.No.119 … has also observed that the registration of a Wakf can only be done by the Wakf Board under Section 40 of the Wakf Act, 1995. Observing all these, the suit was dismissed. 6.Mrs.Hema Sampath, the learned senior counsel

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Feb 03 1986

Suleman Khan Vs. Sub-registrar and ors.

Court : Rajasthan

Decided on : Feb-03-1986

Subject : Property

Reported in : 1986WLN(UC)558

sale deed was denied, under Rule 40 of the Rajasthan Registration Rules, 1955 read with Section 58 of the Registration Act, 1908, the only course open to the Sub-Registrar was to put a note of denial in the endorsement required

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Feb 11 1998

Arumughachamy Nadar Vs. Deivanaiammal

Court : Chennai

Decided on : Feb-11-1998

Subject : TenancyCivil

Acts : Indian Registration Act, 1908 -- Sections 17; Indian Stamp Act, 1899 -- Sections 17 (1), 49; Tamil Nadu Building (Lease and Rent Control) Act, 1960 -- Sections 10 (2); Constitution of India -- Art. 227, 297; State Act, Sections 40

Reported in : 1998(1)CTC286; (1998)IIMLJ5

of 1998 for stay is also dismissed consequently. Tenancy - nature of possession - Section 17 of Indian Registration Act, 1908, Section 17 (1) and 49 of Indian Stamp Act, 1899, Section10 (2) of Tamil Nadu Buildings (Lease and Rent … 49 of Indian Stamp Act, 1899, Section10 (2) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 40 of State Act and Articles 227 and 229 of Constitution of India - whether mortgage deed admissible in

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Jul 11 1994

Multi Rise Towers (P.) Ltd. Vs. Appropriate Authority and ors.

Court : Kolkata

Decided on : Jul-11-1994

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 269A, 269AB(1), 269AB, 269RR and 269UD; ;Transfer of Property Act, 1882 - Section 40; ;Constitution of India - Article 226; ;Registration Act, 1908

Reported in : (1995)124CTR(Cal)391,[1995]211ITR102(Cal)

of Section 269A(e)(i) of the Act connotates a situation when there is a registered conveyance, i.e., registered under the Registration Act, 1908. The transfer of immovable property under Section 269A(e)(ii) read with Section 269AB of the Act would connote a … an agreement for transfer and part performance, if any. Reference has been made to the provisions of Sections 40 and 54 of the Transfer of Property Act to submit that there is a distinction between interest in

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Feb 11 2026

Smt Kusuma Kumari vs the District Registrar

Court : Karnataka

Decided on : Feb-11-2026

came to be entered in the revenue records.7. It is contended by the Petitioners that under Section34 of the Registration Act, 1908, read with Rule 187 of the Karnataka Registration Rules, 1965, a document presented for registration and refused by … on 18.02.1988.4. At the time of presentation of the said document forregistration, the mandatory clearance certificate contemplated under Section 230A of the Income Tax Act, 1961 had not been produced. In view of such non-production, the Sub-Registrar … and 23 thereof which are reproduced hereunder for easy reference.2002 (1) CTC 406 - 37 -"7. The Deputy Commercial Tax Officer passed the assessment order

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Oct 31 1996

K. Sai Sridevi Vs. Alluri Narasimha Raju and Others

Court : Andhra Pradesh

Decided on : Oct-31-1996

Subject : Civil

Acts : Registration Act, 1908 - Sections 2(7); Code of Civil Procedure (CPC), 1908 - Order 40, Rule 1

Reported in : 1998(5)ALD330; 1998(6)ALT224

therefore, allowed but in the circumstances without costs. Civil - registration of document - Section 2 (7) of Registration Act, 1908 and Order 40 Rule 1 of Code of Civil Procedure, 1908 - application filed under Order 40 Rule

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Mar 22 1996

M/S. Orai Oil Chemicals Pvt.Ltd. and Another Vs. State of Uttar Prades ...

Court : Allahabad

Decided on : Mar-22-1996

Subject : Property

Acts : Stamp Act, 1899 - Sections 2(10) and (14), 26, 31, 31(2), 33, 36(1), 40, 41, 42 and 47A (1), (2) and (4), 56, 57, 60 and 61 - Schedule 1 - Articles 5, 14, 23 and 40; Transfer of Property Act, 1882 - Sections 5 - Schedule - Articles 22, 31, 33, 35, 40, 54, 55, 58, 62, 63 and 64; General Clauses Act, 1897 - Sections 3(18); Stamp Rules - Rule 350; Indian Registration Act, 1908 - Sections 17 and 48

Reported in : AIR1997All92

value determined in accordance with any rules made under this Act the registerting officer appointed under the Indian Registration Act, 1908, shall refer the same to the Collector for determination of the market value of such property and the … be subject to the control of the Chief Controlling Revenue-authority. (2) If any Collector, acting under Section 31, Section 40 or Section 41 feels doubt as to the amount of duty' with which any instrument is chargeable, he

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Mar 09 1973

Label Art Press and anr. Vs. Indo European Machinery Co. (P.) Ltd.

Court : Delhi

Decided on : Mar-09-1973

Subject : Civil

Acts : Registration Act, 1908 - Sections 17; Code of Civil Procedure (CPC), 1908 - Order 41, Rules 5 and 6; Court-fees Act, 1870 - Schedule - Article 6; Stamp Act - Schedule - Articles 40 and 57; Delhi High Court (Original Side) Rules, 1967

Reported in : AIR1974Delhi136

case debated on whether the security bond furnished to the Court should be registered under Section 17 of the Registration Act, 1908 - It was held that such a bond was a step in the judicial proceedings - Thus the … dated 31st July, 1972 for payment of Rs. 36000/- besides costs and interest, in all amounting to Rs. 40495.90. On 15th September, 1972, this Court passed an order for the stay of execution of the decree conditional

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