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Jetu Jacques Taru Lalvani Vs. Solestrap Industries Pvt. Ltd. and ors.

Court : Mumbai

Subject : Trusts and SocietiesCivil

Acts : Transfer of Property Act, 1882 - Sections 53 and 123; Registration Act, 1908 - Sections 2(6), 17 and 17(1); Maharashtra Co-operative Societies Act, 1960 - Sections 41; Code of Civil Procedure (CPC) - Order 21, Rule 58(1) and 58(2)

Reported in : 2006(1)ALLMR649; 2006(1)MhLj21

be registered by virtue of Section 123 of the Transfer of Property Act read with Section 17(1)(a) of the Registration Act, 1908. Section 123 of the Transfer of Property Act reads thus :123. Transfer how effected.-- For the purpose of making … Award cannot be proceeded. The argument which was canvassed before this Court was considered in the context of Section 41 of the Maharashtra Co-operative Societies Act, 1960 which provides for exemption from compulsory registration of instrument referring to

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)

properties, 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 … defendants to exhibit the 'palu patti' in support of their case.;(B) Code of Civil Procedure, 1908 - Order 41 Rule 27 - Production of additional evidence - Production of a document Exhibit D-15, being a registered sale

Meenachil Panchayat Vs. Sivasankara Marar

Court : Kerala

Subject : Civil

Acts : Registration Act, 1908 - Sections 17(2); Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 5

Reported in : 2003(2)KLT914

the bonds were executed in favour of the court and not any particular person. Under Section 17(2)(vi) of the Registration Act, 1908, the decrees and orders of the court are exempted from registration. On the other hand, learned counsel for … Full Bench of this Court considered the question whether a bond executed as per the provisions under Order 41 Rule 5 of CPC is liable to be registered, in the decision reported in R.M. Palat v. P.A.

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 ground that the transferor (ostensible owner) was not authorized to make it. That is the purport of Section 41 of TP Act. Under Section 42 of TP Act, the transferor (seller) can always reserve power to revoke

Michael Lorence Lopis and Others Vs. Joseph Lorence Lopis and Others

Court : Mumbai

Subject : Land Acquisition

the said judgment. 66. Mr.Dani learned senior counsel also placed reliance on sections 40 and 41 of the Registration Act, 1908 in support of his submission that the registering authority could register the Will only if he was satisfied … that the registering authority could register the Will only if he was satisfied with the conditions setout in section 41 (2) of the Registration Act, 1908. The Sub-Registrar in this case had enquired with the testator and 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

of as above. The petitioner will pay the 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 … :'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,

Michael Lorence Lopis and Others Vs. Joseph Lorence Lopis and Others

Court : Mumbai

Subject : Land Acquisition

the said judgment. 66. Mr.Dani learned senior counsel also placed reliance on sections 40 and 41 of the Registration Act, 1908 in support of his submission that the registering authority could register the Will only if he was satisfied … that the registering authority could register the Will only if he was satisfied with the conditions setout in section 41 (2) of the Registration Act, 1908. The Sub-Registrar in this case had enquired with the testator and the

Usha Arvind Dongre Vs. Suresh Raghunath Kotwal

Court : Mumbai

Subject : Trusts and SocietiesArbitration

Acts : Registration Act, 1908 - Sections 17(1); Maharashtra Co-operative Societies Act, 1960 - Sections 14; Maharashtra Co-operative Societies Rules, 1961 - Rule 10

Reported in : 1990(3)BomCR389; (1989)91BOMLR233

be looked at by the Court because, according to him, the award requires registration under section 17(1)(b) of the Registration Act, 1908. Since the award has not been so registered the award is bad in law and can confer no … Section 17(1)(b) of the Registration Act therefore, cannot have any application to such an award.9. In fact under section 41 of the Maharashtra Co-operative Societies Act, 1960 it is provided as follows :41. Exemption from compulsory registration of

Sunil Chopra and anr. Vs. Zamil New Delhi Infrastructure Pvt. Ltd.

Court : Delhi

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 9, 14, 14(1), 14(3), 16 and 41; Registration Act, 1908 - Sections 71 and 73; Code of Civil Procedure (CPC) , 1908 - Sections 16 and 151 - Order 7, Rule 11 - Order 39, Rules 1, 2 and 4

Reported in : 163(2009)DLT482

is further not maintainable as there is a proper and equally efficacious remedy available under various provisions of Registration Act, 1908 for registration of a lease deed incase the party which is the executant of the document refuses to … its written statement as well as an application being I.A. No. 6232/2009, under Order VII Rule 11 r/w Section 151 CPC and another application being I.A. No. 6237/2009 under Order 39 Rule 4 CPC for vacation of … the plaintiffs for injunction is specifically barred under Section 14(1)(c) r/w Section 41(h) of Specific Relief Act, 1963. It has been contended that the Lease

Eshaque Vs. Sub Registrar

Court : Kerala

Subject : Property

Acts : Registration Act, 1908 - Sections 17 to 35, 41, 43, 45, 51 to 77, 88 and 89; Transfer of Property Act, 1888

Reported in : AIR2002Ker128

possession of the propertysought to be conveyed by the said document. He further submitted that under theprovisions of the Registration Act, 1908, the 1st respondent can verify only the mattersspecified in Sections. 21, 23, 28, 32, 35 and 74 of … power ofattorney executed by the 2nd respondent for execution of Ext. P1 sale deed mustsatisfy the requirement of Section 33 of the Registration Act. 2. According to the petitioner, the 1st respondent was not justified in requiring … It provides that subject to theprovisions contained in Part VI and Sections 41, 43, 45, 69, 75, 77, 88 and 89, no documentshall be registered