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Binani Properties Private Ltd. Vs. M. Gulamali Abdul HossaIn and Co. a ...

Court : Kolkata

Reported in : AIR1967Cal390

..... indeed, it is so unlike a registered receipt of money which has to be returned to the person who presented it for registration, just as section 61(2) of the registration act (16 of 1908} prescribes. ..... given the four telling grounds for eviction, and having regard (i) to the common course of natural events, (ii) to the conduct expected of such a one, a character, and (iii) to the manner in which he does his business, there can be one and only one presumption of fact in this particular case, deriving its force from in-exorable logic, that he shall advise the filing of a suit for ..... the memorandum of association is no doubt a private document of 'binani', but it does form part of public records kept in the state of west bengal in the custody of the registrar of joint-stock companies ..... the object of 'binani' is becomes a statement of an independent fact that is to say, a fact other than facts section 91 specifies : the terms of (i) a contract, (ii) a grant or (iii) any other disposition of property reduced to writing, by the parties voluntarily or by the requirement of law. ..... ] section 114 of the evidence act (1872) does no more than deal with the presumptions of fact--violent, probable and rash-- it's mandate to the court being: 'take into your consideration (i) the common course of natural events, (ii) human conduct, and (iii) public and private business, in their relation to the facts of the particular case; and presume you may the existence of any fact which you think likely to have .....

D.Dinakar Vs. the Revenue Divisional Officer and anr.

Court : Chennai

..... or any other document indicating that a reference is pending under section 47-a with respect to under-valuation and assessment of stamp duty payable, as and when the proceedings reach finality, the same shall be intimated to the person who is liable to pay stamp duty demanding payment of deficit stamp duty payable on the instrument.ii) the registrar to make corresponding entries under sections 54, 55 of the registration act, 1908, in the register of indexes as to pendency of proceedings under section 47-a.iii) on completion of ..... there is scope for reference in respect of alleged under-valuation, the registering authority has no authority to retain the documents and this is also clear from the provisions of sections 52, 59 and 60 of the indian registration act.14. ..... registration act."16 ..... however, to safeguard the interest of the state, it will be open to the registering authority to affix a seal, while releasing the original document, indicating therein that a reference with respect to under-valuation of the stamp duty is pending and that the amount found due would be a charge ..... was registered by registration no.2073 of 2010 ..... the said provisions, the learned advocate general had to necessarily admit that the respondents have no authority or jurisdiction to retain the documents once it has been registered. ..... before parting with the case, with heavy heart, this court has to point out that neither the state government nor the chief controlling authority had intimated about the law laid down .....

S.M.Syed Mohammed Buhari Vs. the Sub Registrar and ors.

Court : Chennai

..... while it can be said that a document reduced in writing requires registration under section 17 of the registration act, 1908, the question as to whether a gift is valid or not can only be tested on the touch stone of the provisions of the mahomedan ..... the registration act, 1908 deals with the effect of non-registration of documents which is compulsorily registrable under section 17 of the act. ..... section 48 of the registration act, 1908 deals with the effect of registration, according to which a registered document shall take effect against any oral ..... the said rule is extracted herein for better appreciation of the issues involved: 55.it forms no part of a registering officer's duty to enquire into the validity of a document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document; but he is bound to consider objections raised on any of the grounds stated below:- (a) that the parties appearing or about to appear before him ..... (iii) when the registering authority registers such a deed of cancellation, can this court go into the same and declare the registration as null and void by considering the provisions of the registration act, 1908; mahomedan law; transfer of property act, 1882; indian evidence act, 1872 as well as the averments contained in the deeds while exercising the discretionary and extraordinary power under article 226 of the .....

Dr. Arjun Sitaram Nitinwar Vs. Rama Sakharam Parad and Others

Court : Mumbai

..... registration is concerned, it is the contention of the learned counsel appearing for the petitioner that the said document is not compulsorily registrable under section 17 of the registration act, 1908 ..... - (1) the following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act no.1864 (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) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare ..... :] provided that the state government may, by order published in the official gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees. ( ) .............................. ..... iii) that the trial court though has held the document to be inadmissible on account of the non payment of proper stamp duty, ought to impounded the document and sent it to the superintendent of stamps for adjudication as mandated by section 33 of the stamp act ..... (iii) that the trial court had erred in taking into consideration article 5(ga) for the purpose of computing the stamp duty that was payable by .....

Om Prakash Berlia and anr. Vs. Unit Trust of India and ors.

Court : Mumbai

Reported in : AIR1983Bom1; [1983]54CompCas136(Bom); (1982)3CompLJ89(Bom); 1983MhLJ339

..... of powers-of-attorney is maintained by the registering officer under certain rules made by the inspector general of registration under section 69, registration act, 1908. ..... the court is also obliged to draw the presumption in regard to documents included in part i to the schedule of the commercial documents evidence act that they have been duly made and that the statement contained therein ..... every entry in that register is therefore 'a public documents' within the meaning of section 74(1)(iii), evidence, act being 'a documents forming the act or record of the act' of an executive public officer in the discharge of a statutory duty ..... every public officer having the custody of a public document is obliged to give any person on demand a copy of it together with a certificate that it is a true copy of such document or part thereof; such copies so certified are called certified copies ..... copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies. ..... section 67 requires that if a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the documents as is alleged to be in that persons' handwriting must be provided to be in ..... submits that all this information is in excess of the requirements of section 159 makes reference to schedule v, part 1; to the register of debenture holders; to the debentures; and to the debenture holders, past and .....

ishwar Dass Malhotra Vs. Dhanwant Singh and ors.

Court : Delhi

Reported in : AIR1985Delhi83; 26(1984)DLT377

..... as the deposit alone is not intended to create the charge and the document, which constitutes the bargain regarding the security, is also necessary and operates to create the charge in conjunction with the deposit, it requires registration under section 17, registration act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is ..... registration under section 17 of the indian registration act.'in ..... 17 of the registration act and as the same was not registered, it was inadmissible in evidence and any ..... 48 of the registration act enacts that a mortgage by deposit of title deeds shall take effect as against any mortgage deed subsequently executed and ..... parties considered to be the only repository and appropriate evidence of their agreement, it would be the instrument by which equitable mortgage was creased and would come within section 17 of the registration act. ..... was of the opinion that : '.........where,as here, the parties professing to create a mortgage by deposit of title deeds contemporaneously eater into a contractual agreement, in writing, which is made an integral part of the transaction and is itself an operative instrument and not merely evidential, such a document must under the statute be registered,'in united bank of india v. ..... 58(f) of the transfer of property act) the essential requisites of mortgage by deposit of title deeds are, (i) debt, (ii) deposit of title deeds, and (iii) an intention that the deeds shall .....

Velayudhan Nair Vs. Kalliyanikutty Amma

Court : Kerala

Reported in : 2006(1)KLT884

..... absence of the statutory endorsements of the sub registrar under sections 52, 53 and 60 of the registration act, 1908, on ext.a1, a close scrutiny of the document will show that the document does contain the statutory endorsement of the executant having presented the document for registration and having admitted execution and the identifying witnesses having identified the executant. ..... contrary, section 18 of the registration act, 1908 says that registration of wills and other documents not compulsorily registrible under section 17 thereof, is ..... is high time that the practice of affixing seals, instead of legibly writing the statutory endorsements on the instruments presented for registration, was discontinued so that the solemn act of statutory compliance by sub registrars does not become an empty formality nor does it come up for unsavoury criticism in ..... velu nair on the re verse of page 1 of ext.a1 purportedly made at the time of registration of the document differs from the signatures on pages 1 and 2 of ext.a1. ..... velu nair to the exclusion of his surviving wife and other son namely the defendant.i) the signatures of velayudhan nair on the first and second pages of ext.a1 materially differ.iii) there is no statutory endorsement on ext.a1 by the sub registrar indicating as to whether the attestor had admitted the execution of the will or not.iv) there is no endorsement by the sub registrar as to who presented the document for registration.v) both the attesting witnesses to ext .....

Govt. of Nct of Delhi Vs. Manav Dharam Trust and Anr.

Court : Supreme Court of India

..... any thing contained in any other law for the time being in force, where any document required to be registered under the provisions of clause (a) to clause (e) of sub-section (1) of section 17 of the registration act, 1908, purports to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof referred to in section 4, no registering officer appointed under that act shall register any such document unless the transferor produces before such registering officer a permission in writing of the competent authority ..... maintain a writ petition challenging the acquisition, cannot be made applicable to a case where the acquisition itself has been abandoned and has stood lapsed due to efflux of time on account of the omission and inaction on the part of the acquiring authority, particularly because, it is because of the lapse of time and the abandonment of the acquisition, right accrues to the original owner to deal with his property including by way of the sale and ..... of the scheme; (ii) that the land is needed or is likely to be needed for securing the objects of the delhi development authority referred to in section 6 of the development act; (iii) that the land is needed or is likely to be needed for any development within the meaning of clause (d) of section 2 of the development act or for such things as public building and other public works and utilities, roads, housing, recreation, industry, business, markets, schools and other educational institutions ..... , (iii) meera .....

Madan Lal Sobti Vs. Rajasthan State Industrial Development and Investm ...

Court : Delhi

Reported in : I(2007)BC364; (2007)145PLR43

..... to reduce the contract into writing, the implication of law is that the document will be the sole evidence of its terms and such a document would require registration under section 17 of the registration act, 1908 being a non-testamentary instrument creating an interest in the immovable property. ..... as the deposit alone is not intended to create the charge and the document, which constitutes the bargain regarding the security, is also necessary and operates to create the charge in conjunction with the deposit, it requires registration under section 17, registration act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is ..... the parties considered to be the only repository and appropriate evidence of their agreement, it would be the instrument by which equitable mortgage was creased and would come within section 17 of the registration act. ..... held that where the parties professing to create a mortgage by deposit of title deeds contemporaneously enter into a contractual agreement, in writing, which is made an integral part of the transaction and is itself an operative instrument and not merely evidential, such a document must under the statute be registered.26. ..... in such a case, the deposit and the document both form integral parts of the transaction and are essential ingredients in ..... the necessity of consideration is an essential part of the cause of action and, thus, the doctrine of consideration is too firmly fixed to be .....

Khedu Rai Vs. Sheo Parson Rai and ors.

Court : Allahabad

Reported in : AIR1917All212(2); (1917)ILR39All423

..... ft is true that the registration act was then in force, but it seems to us that this was not a case of the mortgagee merely setting up adverse possession without any act on the part of the mortgagor in the matter, in other words, that the present case is not one of more unilateral action by the mortgagee. ..... the first point urged on his behalf before us, was that the compromise of 1876 being unregistered, conveyed no title, and under section 49 of the registration act, no. ..... on behalf of the respondents, however, it is pointed out that, though the document was not registered, the parties had acted upon the transaction from the year 1876 up to the date of the present suit; that the nature of the mortgagee's possession has been changed with effect from the date of the compromise; that the ..... both parties consented to the complete transfer of the equity of redemption to the mortgagee, and both parties have acted upon it for very nearly forty years, this case is very similar indeed to the case of usman khan v. n. ..... the defendants, first party, on the 26th of january, 1909, applied for partition of part of the property which. ..... in the year 1908, a co-sharer in the village named mahabir rai applied for partition of his own share in the mahal. ..... it will be noted that the transaction of 1876, took place at a period prior to the coming into force of the transfer of property act of 1882. ..... v iii of 1871, it could not be taken as evidence of any transfer of property. .....