Judgment Search Results Home > Cases Phrase: indian short titles act 1897 Page 10 of about 38,274 results (0.216 seconds)

Smt. Hamida Vs. Smt. Humer and Others

Court : Allahabad

Reported in : AIR1992All346

..... not proved; and that the defence witnesses were unreliable; that the agreement deed dated 22-3-75 in favour of defendants was not registered, hence it could not be read in evidence in view of section 17 of the indian registration act, (for short the act), and the alleged agreements (papers 123-ga, 124-and 125-ga) were fictitious and fabricated.5. ..... documents pertaining to agreements dated 22-3-75 (papers 123-ga, 124 and 125-ba) were not registered, even though they purported or operated to create, declare, assign, limit or extinguish the title or interest and the value of property was more than rs. ..... 4-9-78; and that the sale deed in favour of plaintiff dated 7-8-1969 was fraudulent and that the plaintiff has no title and the defendants were entitled to protect their possession.4. ..... lordships of the supreme court considering the scope of sections 17 & 49 of the act, have held that whereby a document not merely a declaration of the preexisting right was made but creation of new right of the parties was made in that event of section 17 enjoins registration wherever the deed purports or operates to create, declafe, assign, limit or extinguish, whether in present or in future, any right, title or interest of the value of rs. ..... detail the effect of sections 17 and 49 conjunctively, and held that in case the document was intended, or purports or operates to create, declare, assign, limit or extinguish, either in present or in future, right, title or interest of the property of more than rs. .....

Venture Global Engineering Vs. Satyam Computer Services Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2008SC1061; 2008(2)ALD46(SC); 2008(3)ALLMR(SC)416; 2008(1)ARBLR137(SC); 2008BusLR102(SC); (2008)1CompLJ224(SC); 2008(1)CTC348; JT2008(1)SC468; 2008(4)MhLj579; (2008)2MLJ; 2008AIRSCW667; 2008(2)ICC693; 2008(1)SCALE214

..... indian foreign exchange laws and regulations such as the foreign exchange management act, 1999 and its notifications, given that the transaction involved transfer of shares from a non-resident to a resident.by pointing out, he submitted that respondent no.1, in ..... ) payment of stamp duty on the transfer of shares.iv) sending duly executed share transfer form 7-b and the share certificates to sves, the respondent no.2 herein under section 110 of companies act.v) respondent no.2 approving the transfer of shares and causing alternation in its register of members under section 111a.vi) compliance with rules and regulations, completing prescribed forms, giving relevant undertakings in accordance with ..... as rightly pointed out the effort of respondent no.1 was to avoid enforcement of the award under section 48 of the 1996 act which would have given the appellant herein the benefit of the indian public policy rule based on the judgment in the saw pipes case (supra) and for avoiding the jurisdiction of the courts in india though the award had an intimate and ..... the enforcement of the award which ordered transfer of shares which was in violation of indian laws and regulations specifically the foreign exchange management act, 1999 (in short 'fema') and its notifications. ..... short title .....

Ram Protap Kayan Vs. the National Petroleum Co. Ltd.

Court : Kolkata

Reported in : AIR1950Cal23,54CWN58

..... certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required to be registered, has not been registered, or, where there is ..... of the plaintiffs was that notwithstanding that they had not chosen to sue for specific performance of the contract of 10th october 1931, and notwithstanding that they had taken no steps to complete their title, they were nevertheless entitled under section 63a actively to assert the rights of a proprietor in virtue of the contract of 10th october 1931, and their possession ..... . had no right or title to the estate, including the right to sell tea under the export quota allotted to it under the indian tea control act or to transfer the quota rights ..... . that proviso runs as follows :'provided that an unregistered document affecting immovable property and required by this act or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific ..... . in that case the facts, shortly stated, were that an agreement to sell the kaiyachera tea estate was executed in favour of the plaintiffs' predecessors on 10th october 1981, who thereupon paid a part of the price and .....

Provat Kumar Mitter Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : AIR1959Cal434

..... if that is the effect of the deed, and i can view it in no other light, it seems to me that section 16 (1) (c) of the income-tax act cannot apply at all to the income sought to be transferred by it, because the income remained the income' of the settlor or rather remained to accrue to him first in spite of the ..... the material portion of the instrument is short, after reciting that the settlor was desirous of making a provision for his wife, the instrument proceeds as follows ; -- 'this deed witnesseth that for effecting the said desire and in consideration of the natural love and affection of the settlor for the beneficiary, the settlor, as the beneficial owner, assigns unto the beneficiary the right, title and interest to every dividend and sum of ..... further appeal before the income-tax appellate tribunal, the settlor again relied on the third proviso to section 16 (1) (c) of the act and the departmental representative took his old two points as also a further point. ..... since it was an unregistered instrument, the tribunal thought that section 25 of the contract act applied and the agreement being an agreement made for natural love and affection and for no other consideration between parties standing in near relation to each other, they held that it was altogether void in ..... assessing the settlor for the assessment year 1953-54, the income-tax officer included the dividend in his income under, as he said, the provisions of sections 16 (1) (c) and 16 (3) of the indian income-tax act. .....

Kukku Venkataratnam. Vs. K.Sujilabai and Others.

Court : Andhra Pradesh

..... to the question of registration, the plea of the respondents was based upon an amendment caused to article 47-a of the indian stamp act and the relevant provisions of the act, which provide for registration of an agreement of sale also, in case it contains a clause as to delivery of possession ..... a document, which is required to be stamped under the relevant provisions of law, is either not stamped at all or is insufficiently stamped, the indian stamp act prohibits the same from being received in evidence, before any court or authority. ..... further submits that the objection as to the insufficiency of stamp duty was addressed on earlier occasion and once the document has been sent to an authority under the indian stamp act and he returned the same, it must be assumed that there is proper compliance. ..... the petitioner filed an application to send the documents to the collector under the indian stamp act for collection of stamp duty and penalty. ..... only in the limited context of application of the provisions of the indian stamp act or the registration act and not otherwise. ..... examining the matter about the admissibility of the document, the trial court made certain observations touching upon the title of the vendor of the petitioners. ..... observed that the person, who executed the agreements of sale himself did not have title and that though there is a mention as to delivery of possession, the agreements were not registered as required under section 17 of the act. ..... act 19 of 2007 (for short 'the act .....

Present:- Mr.J.S.Brar Advocate Vs. Ranjit Singh

Court : Punjab and Haryana

..... it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this section shall ..... for making payment to a judicial officer to seek a favourable order in an appeal, pending before the court of additional district judge, ferozepur, is not legally enforceable rather void ab initio in view of provisions of section 23 of the indian contract act, 1872 (for short the contract ..... has been discussed hereinabove, the petition is allowed and criminal complainant no.45 of 21.7.2009/12 (annexure p-1) titled ranjit singh versus gurbax singh sodhi and proceedings emanating therefrom are ordered to be quashed. ..... hon ble supreme court of india relating to the provisions of sections 20, 23, 24 and 65 of the contract act, the high court held that such an agreement is void ab initio and is not legally/lawfully enforceable. ..... however, as the respondent cannot legally maintain criminal proceedings under section 138 of the act, the petitioner cannot be denied the relief for continuation of proceedings would be nothing but abuse and misuse of process of court ..... quashing of criminal complaint no.45 of 21.7.2009/12 (annexure p-1) titled ranjit singh versus gurbax singh sodhi . .....

Securities and Exchange Board of India Vs. Classic Credit Ltd.

Court : Supreme Court of India

..... (including chairman) to nine (including chairman); (b) conferring power upon the board for,- (i) calling for information and record from any bank or other authority or board or corporation established or constituted by or under any central, state or provincial act in respect of any 42 transaction in securities which are under investigation or inquiry by the board; (ii) passing an order for reasons to be recorded in writing, in the interest of investors or securities market, either pending investigation or inquiry ..... the following offences: (i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (ii) theft, under section 379, section 380 or section 381 of the indian penal code, 1860 (45 of 1860), where the value of the property stolen does not exceed two thousand rupees; (iii) receiving or retaining stolen property, under section 411 of the ..... there questions arose as to whether ( i ) the high court could transfer a case triable according to the criminal law amendment act, 1952 ( the 1952 act , for short) by a special court constituted thereunder to another court, which was not a special court and ( ii ) the earlier order of the supreme court transferring the case pending before the ..... it stood before april 1, 1971, and anything done thereunder continued to have effect under section 6(b) of the general clauses act, 1897, enabling the inspecting assistant commissioner to pass orders imposing penalty in pending references. ..... short title .....

Malza D. Shira Vs. Archana Marak and anr.

Court : Guwahati

..... coming to the second submission of miss paul regarding directions for return of annexure-i property to the respondent wife, we find that under section 39 of the act (later on omitted by act 51 of 2001) (as it stand at relevant time), the court has jurisdiction and authority to pass an order while passing a decree of divorce, as it thinks reasonable, to be in regard to the property ..... a suit for divorce under section 10 of the indian divorce act, 1869 (for short 'the act'). ..... directed that on any matrimonial property, the husband has no right, title and interest as per the customary law applicable to the garos. ..... court has no jurisdiction or authority to adjudicate upon the title to the property or give directions of return of that property to the wife holding it that the wife has right, title and interest over the property as per customary law applicable to the garos while granting the decree for divorce under the act 1869.4. ..... to the question of the counsel lies in section 15 of the divorce act, which reads :'section 15 : relief in case of opposition, of ..... came up for confirmation of decree of divorce as required under section 17 of the act, miss a. ..... that the decree should be on the ground of adultery, if the decree is not on the ground of adultery but on any other grounds then the court does not get jurisdiction to pass an order under section 39 of the act.7. ..... of the submission made by the counsel for the petitioner-husband, it would be appropriate to reproduce section 39 of the act. '39. .....

Sujatha Vs. Jose Augustine

Court : Karnataka

Reported in : II(1994)DMC442

..... counsel on both sides agree that the canon law governing the sacraments of baptism and marriage relevant for the case are those contained in the code of canon law (for short 'the code') prepared by the canon law society of great britain and ireland in association with the canon law society of australia and new zealand and the canadian canon law society published by collins for ..... original petition is one filed under section 18 of the indian divorce act, 1869 (for short 'the act') for a decree declaring the marriage between the petitioner and the first respondent as null and void. ..... dilip kumar (1992(1) klt 651) would show that, indian christian marriage act in force in other parts of the country has not been extended to the areas falling within the jurisdiction of the erstwhile high courts of travancore and travancore-cochin and that it is the canon law that would govern the marriages among the christians in those areas to which indian christian marriage act has not been made applicable. ..... canon relating to sacrament of marriage are codified under title vii beginning with canon 1055 in the code. ..... canon 1086 states that a marriage is invalid when one of the two persons were baptised in the catholic church or received into it and has not by a formal act defected from it, and the other was not baptised.9. ..... baptism is discussed under title i of that part. .....

Kaniram and ors. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1983MP86

..... behalf of the state, it is contended that the petitioners have no right to graze their camels in the government forest; that browsing by camels causes damage to the trees, which is punishable under the provisions of sections 26(1)(d & f) and 26(1)(g) of the indian forest act, and hence every forest officer has power to prevent the commission of forest offence by refusing to grant licences to the petitioners to graze their camels in the government forest. ..... but there may be something in the nature of the thing empowered to be done, something in the object for which it is to be done, something in the conditions under which it is to be done something in the title of the persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the person in whom the power is reposed to exercise that power when called ..... short title, extent and commencement; (1) these rules may be called themadhya pradesh grazing rates rules, ..... contention advanced on behalf of the state that licences were refused to the petitioners with a view to prevent them from committing offences under the indian forest act, is devoid of merit. ..... in exercise of the powers conferred by section 76 of the indian forest act, 1927 (no. ..... petitioners were being granted licences for grazing their camels in the forest in accordance with the madhya pradesh grazing rules, 1979, framed by the state government in exercise of powers conferred by section 76 of the indian forest act, 1927. .....