Judgment Search Results Home > Cases Phrase: registration act 1908 part iii of registrable documents Page 10 of about 3,648 results (0.142 seconds)

Raimoni Dassi Vs. Mathura Mohan Dey

Court : Kolkata

Reported in : (1912)ILR39Cal1016

..... therefore, from laying down that an instrument of lease does not include a kabuliyat, and therefore must be an instrument signed by the lessor, it makes section 107 supplemental to all the provisions of the registration act including section 3, and the provision in section 3 of the registration act iii of 1877, that a lease includes a kabuliyat, has been re-enacted without any modification in section 2(7) of the registration act of 1908.12. ..... in section 4 of the transfer of property act that section 107 and certain other sections of that act shall be read as supplemental to the indian registration act, 1877, was introduced into that act by the amending act of 1885 (act iii of 1885). ..... so that before the passing of the transfer of property act in cases where a registered instrument was necessary under the registration act, a kabuliyat executed by the lessee if registered was legally sufficient to ..... reading sections 4 and 107 of the transfer of property act together with section 3 of the registration act of 1877, it would appear that a lease in section 107 ..... was of opinion that the word 'instrument' in section 107 shows, that the document must be one which must have certain executive force, and that upon its execution the lease ..... , a writing signed by the lessor, proceeds upon the assumption that the kabuliyat is only an unilateral expression of intention on the part of the lessee only, but it is, as i have said above, the embodiment of the whole contract between the lessor and the .....

Sardar Inder Singh Sokki and Others Vs. M/s. Geetha Enterprises, rep. ...

Court : Andhra Pradesh

..... counsel sri vedula venkataramana submitted the following arguments: a) learned senior counsel firstly argued that ex.a.2 was contemporaneous to ex.b.1 and the trial court after giving various cogent reasons held it to be a believable document and all the contentions now raised by the appellants to impeach its credibility were already discarded by the trial court as having no force in them and therefore, the appellants cannot raise the same grounds in ..... that irrespective of date of registration of document, it shall operate from the time it would have commenced to operate if no registration there of had been required. ..... aggrieved by the common judgment dt: 23.01.2006 in o.s.no.152 of 1995 and o.s.no.339 of 1993 passed by learned iii senior civil judge, city civil court, secunderabad, the defendants 1, 2 and 4 to 6 in o.s.no.152 of 1995/plaintiffs 1 to 5 in o.s.no.339 of 1993 preferred ccca no.84 of 2006 against the judgment in o.s.no.152 of 1995 and tr.ccca no.25 of 2015 against the ..... the doctrine of part performance envisaged under section 53a of tp act has limited application and provides a shield of protection to the proposed transferee to remain in possession against the original owner who agreed to transfer the property to the transferee if the proposed transferee satisfies ..... when the appellants/defendants execute the renewal lease deed, such deed shall operate from 11.03.1992 to 11.03.2012 only and not from the date of its registration which is evident from section 47 of 1908. .....

Gajanan Narayan Patkar Vs. Jivangiri Chamelgiri

Court : Mumbai

Reported in : AIR1926Bom131; (1925)27BOMLR1465

..... latter document came under section 17 (1) (b) of act iii of 1877 and its registration was compulsory; it did not fall within the exception contained in section 17 (h) of that act which now corresponds to section 17 (2) (v) of act xvi of 1908: achutaramaraju ..... it not thus compulsorily registrate under section 17 of the registration act.6. ..... 1897, chamelgiri find three other persons executed a deed of absolute sale, (exhibit 33), conveying certain properties to naro balkrishna patkar (father of defendant no 1) and two others on march 17, 1897, the purchasers signed the document exhibit 30, by which they agreed to re-convey the same properties to the vendors in the manner and subject to the conditions therein stated. ..... words, when a transaction is evidenced by a document which is in effect divided into two parts, one of which is registered and the other is not, then the law looks to what is the real transaction between the parties, and demands that the whole document evidencing that transaction mutt be registered, whether it consists of one part or two.7. ..... this case there is but one transaction and it is contained partly in a registered document and partly in an unregistered one. ..... then, was one and indivisible, it was to be found partly in one document and partly in the other. ..... but if the document which has not been registered, is really a part and parcel of the transaction, which is only partly evidenced by the registered document, then it is clear that the other document also requires to .....

Smt. Ram Asri Vs. Rakesh Chand and ors.

Court : Punjab and Haryana

Reported in : (2008)152PLR257

..... property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the indian registration act, 1908 (16 of 1908) from the earliest date on which any memorandum of such registered instrument has been filed by any sub-registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share of interest is being acquired, is situated provided that(1) the instrument has been ..... registered and its registration completed in the manner prescribed by the indian registration act, 1908 (16 of 1908) and the rules made thereunder;(2) the instrument or memorandum has been duly entered or filed, as the case may ..... based upon aforesaid definition, it is contended that the registration of document itself is a notice to all.10. ..... - any person acquiring any immovable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof.explanation iii. .....

Durga Prasad Singh Vs. Rajendra NaraIn Bagchi

Court : Kolkata

Reported in : (1910)ILR37Cal293

..... 100 and upwards in immoveable property, and that its registration is therefore compulsory under section 17, clause (6) of the registration act, iii of 1877; and that not being so registered it cannot, under section 49 of that act, be accepted as evidence of any transaction affecting any such property. ..... their lordships, after quoting the provisions of section 92 of the evidence act, section 17 of the registration act (iii of 1877), and sections 105 and 107 of the transfer of property act, thus observed: 'the agreement for the payment of rs. ..... their lordships are of opinion that the agreement was not affected by section 92 of the evidence act, and that there is nothing in the registration act, or in the transfer of property act, which required that it should be registered as part of the lease. ..... these two canons are in fact illustrations of, and may be summed up in, a more general principle that where there are two conflicting descriptions of the subject-matter of a grant, or two conflicting parts of the same description, that which is the more certain and stable, and the least likely to have been mistaken or to have been inserted inadvertently, must prevail, if it sufficiently identifies the subject-matter: newsom v. ..... their lordships of the privy council held that this unregistered document, which could not affect the property, could not control the original mortgage, so as to fetter the equity of redemption arising under it. ..... kedarnath karmahar (1908) i.l.r. .....

Geetabai Ramchandra Pawar Vs. Rambhau Maruti Pawar and Others

Court : Mumbai Aurangabad

..... under sections 59 and 60 of the registration act, 1908 such endorsement is admissible in evidence as admission of the person who executes the document. ..... in the present case there is evidence of defendant no.1 rambhau, there is evidence of one attesting witness, there is evidence of circumstance like taking mutual divorce and its registration by ramchandra, there is evidence on the circumstance like registration of will and making endorsement about admission of the nature of document by ramchandra before the sub registrar and there is also evidence of circumstance like making application by ramchandra to revenue authorities much prior to the date of will deed requesting the revenue ..... the trial court has considered circumstances like discharge of ramchandra from the aforesaid hospital on 22-7-1991 and the registration of the document on 24-7-1991. ..... the first appellate court has considered the circumstance like there was divorce document and it was registered many years prior to the date of will. ..... -- a will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void.illustrations (i) a, falsely and knowingly represents to the testator, that the testators only child is dead or that he has done some undutiful act and thereby induces the testator to make a will in his, as favour; such will has been obtained by fraud, and is invalid ..... (iii) a, being a prisoner by lawful authority, make his will .....

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

..... section 17(1a) reads as follows:- "section 17(1a) of indian registration act, 1908 the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related law (amendment) act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53a. 9. ..... requires- "transfer", in relation to a capital asset, includes, (i) ** ** ** (ii) the extinguishment of any rights therein ; or (i), (iv) and (iva) ** ** ** (v) any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882); or (vi) any transaction (whether by way of becoming a member of, or acquiring shares in, a co-operative society, company or other association of persons or by way of any agreement or any arrangement or in any other manner whatsoever ..... from appropriate authorities in order to commence and carry out development as stipulated under the agreement; (iii) order dated 20.1.2011 passed by this court staying the execution of the project under the ida; (iv) refusal by thdc vide letter dated 4.2.2011 to make payment of third installment. .....

Official Liquidator Vs. Bharatpur Princesses' Trust and Anr.

Court : Chennai

Reported in : [1971]41CompCas978(Mad)

..... that the mortgagees are not entitled to the enhanced rate of interest of 9 1/2% from april 1, 1965, as no agreement was properly executed and registered both under the indian registration act, 1908, and the companies act, 1956, for the enhanced rate and directing that the interest at the enhanced rate already paid should be adjusted towards the amount due from the company. ..... contention is that, as no agreement regarding the enhanced rate of interest from 8% to 9 1/2% was executed and registered under the indian registration act and under the companies act, the mortgagees should be directed to adjust theexcess payment of interest towards the amount due under the document calculating interest only at 8%. 5. ..... it was held that in the case of sale of a house the primary consideration in determining whether certain items claimed are fixtures under section 8 of the transfer of property act is whether the articles are provided for the permanent use of the house and whether they are articles which are necessary or which are provided for the more beneficial enjoyment of the property ..... held that it was not because an engine cannot be used except by fixing it to the earth and that, therefore, it cannot be said that the intention, as disclosed by the fixtures, was to make it a permanent part of the earth and so it was immovable property.9. ..... (iii) directing the mortgagees to amend the tamil version of the auction notice so as to be in conformity with the schedule of property mentioned in the .....

Goormeet Singh. Vs. Sardar Gian Singh.

Court : Madhya Pradesh Jabalpur

..... notwithstanding anything contained in the registration act, 1908 (no.16 of 1908) no officer empowered to register documents thereunder shall admit to registration any document which purports to contravene the ..... section 4 provides that if any person to whom leasehold rights are accrued in the land under section 3 is dispossessed from that land or any part thereof otherwise than in due course of law, the authorised officer shall on an application moved to him by the said landless person within 6 ..... -(1) if any landless person to whom leasehold rights have accrued in the land under section 3 is dispossessed from that land or any part thereof otherwise than in due course of law, the authorised officer shall on an application made to him by the said landless person within six months from the ..... sub-section 4 provides that if the landless person, to whom leasehold rights have accrued in respect of any land under this act, transfers such land in contravention of the provisions of sub-section 3 certain consequences shall follow.the aforesaid provision does not create any bar to entertain and decide a ..... whom the leasehold rights have been accrued in respect of any land under this act, transfers such land in contravention of the provisions of sub- section (3), the following consequences shall ensue, namely:-(i) the lease shall stand cancelled on the date of such transfer;(ii) such transfer shall be null and void;(iii) no leasehold rights shall accrue to the transferee in respect of such land. .....

Tapan Krishna Das Vs. Hazi Sajjad Ali Khan and ors.

Court : Kolkata

Reported in : AIR2005Cal60,2004(4)CHN511

..... of the registration act, 1908 says that a registered document shall be operated from the time which it would have commenced to operate if no registration thereof had been required or made, and nor from the time of its registration. ..... property act cannot be governed and/or controlled by the registration act, 1908. ..... the registration act only says that some of the documents are compulsorily registrable when ..... alternatively if it held that the registration of deed of transfer is compulsory and applicable from the date of registration then the application being dated 18th june, 1992 is premature because the registration of such transfer yet to born then and actually born on 22nd ..... not necessarily mean that the date of registration will be couched as a date of ..... to be remembered that the date of registration cannot be necessarily a date of transfer ..... therefore, if any registration is done on 22nd june, 1992 it will relate back to the date of transfer as on 28th ..... the registration was completed on 22nd june, 1992 (wrongly stated as 6th ..... so far as the amendment of section 8 of the west bengal land reforms act from the words 'plot of land of a raiyat' to the words 'holding of a raiyat' with retrospective effect from 7th august, 1969 is concerned, it appears ..... this crucial part of the matter has been totally ignored by the first appellate court and came to a wrong conclusion only on the basis of the right of the owner of the ..... therefore, such part cannot be said to be an ignorable point as alleged or .....