Court : Mumbai
Reported in : 2009(111)BomLR3727; 2009(6)MhLj629
..... registration of the saledeed is void since the power of attorney itself is not registered as contemplated by section 32 and 33 of the registration act, 1908 ..... exhibit b, and consequently the registrar at cuttack had no jurisdiction to authenticate the deed under s.33 (1)(a);(2) that exhibit b was presented for registration by one sundaram who described himself as the personal assistant of the defendant, but was, in fact, a person not authorized to present the document as required by section 32, and therefore the authentication of the power based on such presentation was void; and (3) that the authentication ..... 32 and 33 of act iii of 1877 are imperative and that a presentation of a document for registration by an agent... ..... the time being in force, a powerofattorney executed before and authenticated by the registrar or subregistrar within whose district or subdistrict the principal resides;(b) if the principal at the time aforesaid resides in any part of india in which this act is not in force, a powerofattorney executed before and authenticated by any magistrate;(c) if the principal at the time aforesaid does not reside in india, a powerofattorney executed before the authenticated by a ..... (3) notwithstanding anything contained in rule 2 of order xxxiii of the code of civil procedure, 1908 (5 of 1908), the provisions of subsection (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that order where such permission is granted on the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal205
..... part xiiia containing sections 80a to 80f and part xiiib containing section 80g was incorporated in the indian registration act,1908 subsequently called the registration act, 1908 being the central act by the bengal touts act, 1942 (bengal act v of 1942) being the 1942 act. 18. ..... while rule 14 of the 1982 rules provides that any person whose name is not included in the list of licensed deed writers hung up in the registration office and entering such office or its compound except for the purpose of transacting business in connection with registration of his own documents or for making searches or application or applications for certified copies or doing any other transaction on his own behalf or under a power of attorney or unless he owns a receipt under section 82 of the ..... here the supreme court held that sections 9 and 11 of the legal practitioners act, 1879 should be read together and that rule 2 in chapter iii, part vii of the general rules and circular orders of the high court of judicature at patna (civil) 1922 framed by the patna high court restricting the right of mukhtears to plead in civil courts is not in excess of the rule- ..... (i) and (iii) of rule 10, (2) would be suspended because of sub-rule (3) of rule 21 and (3) would be cancelled because of clause (b) of sub-rule (i) of rule 20 of the 1982 rules on account of their disqualificatioh of being engaged in a gainful occupation or employment under clause (i) ofr. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR3434; 1998(1)KarLJ365
..... vehemently attacking the legality of the order under revision on the following grounds:(i) that the said consent decrees creating charge on the property in question are not the documents whose registration was compulsory under the registration act, 1908 ('the act' for short) inasmuch as they do not create, declare, assign, limit or extinguish any right, title or interest in respect of the said immoveable property and, therefore, their registration does not amount to constructive notice under section 3 of the t.p. ..... 'notice' is defined by section 3 of the act as follows:'a person is said to have notice' of a fact when he actually knows that fact, or when, but for wilful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it'.explanation 1 thereto reads:'where any transaction relating to immoveable property is required by law to be and has been effected by a registered instrument any person acquiring such property or any part of, or share or interest in, such property shall ..... (iii).............. (iv)............... (v)................ ..... (iii) that petitioners having made search of the relevant register and records in the office of the sub-registrar and they having obtained ex. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(3)KarLJ377
..... -nothing in clauses (b) and (c) of sub-section (1) of section 17 of the registration act, 1908 (central act xvi of 1908), shall apply to:(a) any instrument relating to shares in a co-operative society notwithstanding that the assets of the society consist in whole or in part of immovable property;(b) any debentures issued by any such society and not creating, declaring, assigning, limiting or extinguishing any right, -title or interest to or in immovable property except insofar as it entitles the holder to the security afforded by a registered ..... in this context, before analysing section 38 of the kcs act, a perusal of section 17(1) (b) and (c) of the registration act, 1908 is necessary which reads as follows:section 17. ..... it is contended that section 38 of the kcs act provides exemption from compulsory registration of instruments stated therein under section 17(1) (a) and (b) of the registration act, 1908. ..... are possessed by the society and towards the shares subscribed and loan advanced, if the share certificate and loan stock certificate in the nature of debentures are issued, such documents would not require registration since such instrument is exempted under section 38 of the kcs act though relating to the immovable property belonging to the society since the society would continue to hold the immovable property as its asset and carry on with the activity ..... (iii) even if registration is exempted, whether the stamp duty is payable in terms of article 20(2) of the stamp act? .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)137PLR445
..... the hon'ble supreme court in bhoop singh's (supra) while interpreting the above provision of the registration act observed that the court must enquire whether a document has recorded unqualified and unconditional words of present demise of right, title and interest in the property and included the essential terms ..... transferred only vide a registered deed as required under section 17(b) of the registration act, 1908. ..... xvi of 1864, or the indian registration act, 1866 (20 of 1866), 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-testamentry instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest ..... rupees and upwards, to or in immovable property;(2) nothing in clause (b) and (c) of sub-section (1) applies to-(i) xxxxx(ii) any instrument relating to shares in a joint stock company, notwithstanding that the assets of such company consist in whole or in part of immovable property; or(iii) to (v) xxxxxx(vi) any decree or order of a court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding; or'12. ..... learned counsel for the appellant that the consent decree does not require registration is based on the provisions of section 17(2)(vi) of the registration act 1908 which reads as under;-'17. .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR493
..... on behalf of the appellants it is urged that the document required registration under act viii of 1871 and that under section 6 of the general clauses act, the provisions in section 17, clause (2)(v) embodied in the later registration acts of 1677 and 1908 would not affect the previous operation of the registration act viii of 1871, and that the document in itself created an interest in immovable property and limited the vendor's right to the value of rs. ..... 273 281 that the greater strictness of the requirements of act viii of 1871 and the earlier registration acts was mitigated by act iii of 1877, and the act was framed, as it was, very probably with a view to admit, to the benefit of such mitigations, documents executed before the date on which the act came into force, and that the practical result was that the provisions of act iii of 1877 applied to all documents tendered in evidence on or after april], 1877. ..... result was that the provisions of act iii of 1877 applied to all documents tendered in evidence on or after april 1, 1877, it was observed that the document which was the subject-matter in raju balu's case was one which ought to have been registered under act xvi of pleas, but with regard to the documents which did not require registration under the previous registration law, it was held that the subsequent registration act provided no means of registering the documents, and therefore, in the case .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom497
..... exhibit 30, which purports to limit the purchaser's interest in the property conveyed under, the former document, has not been registered, this latter document came under section 17(1)(6) 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 16 of 1908 : achutaramaraju v. ..... 100 or over, is passed, and as, part of the same transaction and not as an independent transaction, the vendee executes an unregistered agreement (b) to re-convey the property to the vendor on payment of a certain sum of money, the document (b) is inadmissible in evidence for want of registration under section 17(1)(b) and section 49 of the indian registration act, either:(a) where the transaction constitutes a mortgage; or,(b) where it is a bona fide sale with a contract for re-purchase.31. ..... so long as the real intention of the parties is in accordance with the terms of the documents the question, whether the agreement requires to be registered must be answered with reference to the provisions-of the indian registration act as contained in section 17, sub-section (2), clause (v); and it cannot be treated as compulsorily registrable, because it forms part of the transaction of sale and is not an independent transaction.coyajee, j.57. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)AWC1064(SC); (SCSuppl)2007(2)CHN75; [2007(2)JCR305(SC)]; JT2007(3)SC187; (2007)3MLJ721(SC); 2007(2)SCALE442
..... 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 or 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 ..... period of limitation, the high court opined that in terms of article 54 of the limitation act, 1963 the suit was not barred by limitation, holding:.there must be a demand in writing by the person who is entitled to a right under the document and refusal by the other who is bound under a document, to execute the same, and only on refusal, the cause of action, as such, ..... 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. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(4)WLC369; 2000(2)WLN221
..... wherein the reference was made to section 17(2)(v) of the registration act which exempts from registration a document which does not itself create an interest in an immovable property but mereby creates a right to obtain another document which will do so.10. ..... i am of the view that the registration act as well as transfer of property act strikes only at document and not at transactions. ..... iii) of 1927; the explanation to which is in the following term:explanation-a document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase-money.6. ..... in such an eventuality, the document did not require registration;(d) that even otherwise, the trial court has proceeded contrary to the provisions of the stamp act and hence, the order deserves to he set-aside;(e) that the trial court has acted with material irregularity in the exercise of its jurisdiction. ..... a reference may be made in this regard to the relevant provisions of section 17 of the registration act, 1908 as amended by indian registration (amendment) act (no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)147PLR634
..... date on which any memorandum of such registered instrument has been filed by any sub-registrar within whose sub-district any part of property, which is being acquired, or of the property wherein a share or interest is being acquired, is situated:(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 be, in books ..... learned lower appellate court also failed to notice that the limitation for challenging the power of attorney and the sale-deed was to be from the date of registration of the said document, especially when, in the present case the possession was also handed over to the defendant-respondents in pursuance to the sale-deed and mutation was also duly sanctioned. ..... person acquiring any immovable property or any share or interest in notice of the title, if any, or any person who is for the time being in actual possession thereof.explanation iii: a person shall be deemed to have had notice of any fact if his agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material:provided that, if the agent fraudulently conceals the fact, the principal shall not be charged with .....
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