Court : Mumbai
Reported in : 2008(5)ALLMR671; 2008(6)MhLj496
..... the learned counsel for the appellant contended that registration was compulsory if the immovable property, which is to be partitioned, is valued more than rs. ..... 100/- by metes and bounds then in that case registration would be compulsory but not in such case wherein the parties had already effected partition but due to quarrels between them they want to ensure peace between them by effecting necessary mutation in the revenue record and to inform ..... xvi of 1864, or the indian registration act, 1866 (20 of 1866) or the indian registration act, 1871 (8 of 1871) or the indian registration act, 1877 (3 of 1877), or this act came or comes into force, namely:(a).... ..... further, according 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. ..... documents of which registration is compulsory. ..... if it is not registered, section 49 of the registration act will prevent it from being admitted in evidence.11. ..... 100/- by metes and bounds is compulsorily registrable in view of section 17(1)(b) of the registration act, 1908. ..... , in the present case, if intention of such document to inform the court or mutation authorities for effecting entries in the revenue record, the document cannot be construed as partition deed by which right is created, extinguished, declared so as to render it compulsorily registrable under section 17(1)(b) of the registration act.20. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR112; (2008)110BOMLR1885; 2008BusLR662(Bom); [2009]90SCL321(Bom)
..... was that they were put in possession of the suit premises on account of the other agreement and not rent note agreement, obviously that would be a case of agreement to sell coupled with possession requiring compulsory registration under the provisions of the bombay stamp act, 1958. ..... it is to be treated as supplementary agreement, then naturally, the lease term under the agreement dated 13th june 1997 stood extended for a period which would be far in excess of one year's lease period, necessitating compulsory registration of the said agreement. ..... on depositing the said documents(agreements), the same shall stand impounded and forwarded to the deputy inspector general of registration and deputy controller of stamps, old custom house, mantralaya, mumbai-32 to proceed against the concerned party in respect the said documents in accordance with ..... on depositing the said documents, it would stand impounded and then made over to the deputy inspector general of registration and deputy controller of stamps, old custom house, mantralaya, mumbai-32 for proceeding against the said documents in accordance ..... create lease for a term exceeding one year, as can be inferred from the subsequent conduct and the stand taken before this court, obviously such a lease was required to be registered in terms of section 17 (d) of the registration act, 1908. ..... it is only to avoid registration that the applicant and the company in liquidation have limited the lease term to 11 months, which obviously is not in .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR396; [2008]14STT348; (2008)14VST69(Bom)
..... and is entered in the list which the commissioner shall maintain in that behalf, and who is not disqualified by or under sub section (2), or(d) any person, who, immediately before the commencement of this act, was qualified by or under sub section (2), only if such relative, person employed, legal practitioner, chartered accountant, cost accountant or sales tax practitioner is authorised by such person in the prescribed form, and ..... these petitions are being disposed of by this common judgment as the main challenge in all the petitions is to the constitutional validity of section 61(1) and the explanation thereto, of the maharashtra value added tax act (hereinafter referred to as the 'act') on the ground that it infringes the equality clause as enshrined in article 14, the right to carry on profession under article 19(1)(g) as also under article 254, as the provisions for 'audit' would ..... section before the madras high court, the challenge made was on behalf of income tax practitioners as also an assessee, to contend that under section 44ab, as compulsory audit was restricted to chartered accountants, it would result in excluding all authorised representatives other than chartered accountants. ..... societies registration act, 1960 having registration ..... out of the remaining 28 states, four states (haryana, himachal pradesh, sikkim, west bengal) have ..... this court and extended from time to time, time to file form 704 is extended upto 30/06/2008 for the accounting year 2005-06 and 2006-07. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR379; 2008(5)BomCR869; (2008)110BOMLR1169; 2008(5)MhLj243
..... as under:25 the last date of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the notification on plain examination of the language of section 4 of the act, it is clear that the government/collector has to publish the notification in the official gazette, publish notification in two newspapers, one in local language and lastly issue public notice to be given at convenience place in the said locality. ..... admittedly when no compensation was paid to the claimants before taking possession either in terms of the award made by the collector in terms of section 11 of the act or the statutory compensation contemplated under section 11(2) of the act, a protection in the nature of a legal right has been provided by the legislature to the owners of the land that the possession of the lands should be taken in accordance with the prescribed procedure and upon payment ..... being a compulsory acquisition, the state exercises its powers of eminent domain and land is vested in the state only when the provisions of the act are complied with ..... of the agreement to sell and the date of registration of the sale deed. ..... a full bench judgment of punjab and haryana high court reported in held that publication of section 4 notification in the official gazette must precede public notice of its substance thereof in ..... counsel appearing for the claimants relied upon the judgment of the supreme court in the case of state of haryana v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR207; 2007(6)BomCR520; 2008(3)MhLj120
..... a period of six months of the service of the notice under section 127, it was not open to the state government to wait for a period of 6 years thereafter to issue to issue a notification under section 6 of the land acquisition act and in these circumstances, the petitioners would have been entitled to relief of the declaration that the reservation had lapsed but for what had transpired during the pendency of the petition which was the ..... reported in : air2003sc511 the question which arose for consideration was whether by reason of inaction on the part of the state and its authorities under the town planning act to acquire the lands for a period of more than 10 years, in terms of the provisions of land acquisition act, 1894 despite service of notice, the same stood de-reserved/designated in view of issuance of draft revised plan under section 21 thereof or the term of 10 years stood ..... not vest in the planning authority the state government shall not include that purpose in the development plan, unless it is satisfied that the planning authority will be able to acquire such land by private agreement or compulsory acquisition not later than 10 years from the date on which the development plan comes into operation. ..... the supreme court was pleased to hold that after the period of 10 years as required under the gujarat act had expired and if the land had not been acquired in the manner contemplated merely because the draft revised plan was issued would not automatically extend the period .....
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