Judgment Search Results Home > Cases Phrase: registration act 1908 section 80 fees payable on presentation Page 1 of about 1,414 results (0.084 seconds)

Yelagani Papaiah Son of Shankaraiah and anr. Vs. the Joint Collector a ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT380

..... under sub-section (2) of section 5-a of the act, the mandal revenue officer, after making such enquiry as may be prescribed, shall require the alienee or transferee to deposit the amount equal to the registration fee and stamp duty that would be payable, had the alienation or transfer been effected by way of registered document in accordance with the provisions of the registration act, 1908.the other sub-sections of section 5-a are not relevant for the purpose of this ..... /1993 dated 05.03.2001 passed in exercise of revisional jurisdiction under section 9 of the andhra pradesh rights in land and pattadar pass books act, 1971 (for brevity, 'the act'), is under challenge in the present writ petition.2. ..... the present case, the proceeding dated 14.11.1990 of the primary authority - the mandal revenue officer, chevella, was passed in exercise of the provisions of section 5-a of the act. ..... the present case, it is patent and manifest that the joint collector, ranga reddy district, acted far in excess of jurisdiction vested in him under section 9 of the act while dealing with the proceedings under section 5-a of the act. ..... sarojamma's case may not have much bearing on the present case, which essentially turns upon the exercise of jurisdiction by the revisional ..... the proceedings impugned in the writ petition were passed by the joint collector, ranga reddy district, setting aside the proceedings issued by the mandal revenue officer, chevella, which led to the filing of the present writ petition.3. .....

M/S. Kukumina Constructions (P) Ltd. Vs. Sub-registrar-cum-stamp Colle ...

Court : Orissa

..... as per section 80-a of the indian registration act, if on inspection or otherwise it is found that the fee payable under that act in relation to any document, which has been registered, insufficiently paid, deficit fee shall, after failure to pay the same on demand within the prescribed period, be recoverable from the person who had presented that document as arrears of land revenue ..... the second question is as to whether the registering officer has any power to withhold the original documents after the same are registered.to deal with such a question it is pertinent to examine section 52(1), section 61(2), section 80a of the indian registration act, 1908 (orissa amendment) and rule 100 (1) & (2) of orissa registration rules, 1988, which run as under:-"52. ..... "a conjoint reading of section 52(1), section 61(2) and section 80a of the indian registration act, 1908(orissa amendment) and rule 100 (1) & (2) of orissa registration rules, 1988 makes it amply clear that there is an obligation cast on the registering officer to make every endeavor to return the document promptly after the same is ..... air 2002 kerala 248; while interpreting section 61(2) of the indian registration act, 1908 held that the registration act, 1908 is a central act. ..... by reason of section 61(2) of the registration act, 1908, it is obliged to return the document and thereafter takes appropriate proceedings under section 45-b and other provisions of the kerala stamp act for adjudication and recovery of the underpaid .....

The District Co-operative Development Federation Ltd. Vs. Ram Samujh T ...

Court : Allahabad

Reported in : AIR1973All476

..... coming to the facts of the present case, it is clear that the application made by the petitioner on 5-7-1961 was cap-tioned as one under section 14 of the act.the court-fee that was paid by him was the proper court-fee prescribed for such an application under article 18 of schedule ii to the court fees act. ..... the documents were then presented before the sub-registrar on 19-6-1961 and they were duly registered under the registration act. ..... section 14(1) of the act provides that when the arbitrators or umpire have made their award, they shall sign it and shall give notice in writing to the parties of the making and signing thereof and of the amount of fees and charges payable in respect of the arbitration and award ..... that section says that when the arbitrators or umpire have made their award, they shall sign it and shall give notice in writing to the parties of the making and the signing thereof and the amount of fees and charges payable in respect of the arbitration and ..... when under column 0) of article 178, indian limitation act, 1908, the legislature refers to applications 'under the arbitration act 1940', the notice of the making of the award, referred to in column 3 of that article, can have reference only to the giving of notice in writing mentioned ..... the court-fee payable on that application is on a graded scale according to the value of the award subject to a maximum of ..... 13,667.29 was payable by the opposite party to the ..... 13667.29 as payable by ram samujh tewari to the .....

Anthony Swamy Vs. Chowramma

Court : Karnataka

Reported in : ILR1989KAR1294

..... in the result, we direct the appellants to make good the deficient court fee payable by them on the memorandum of the present appeal payable under article 4 of schedule i to the court fees act, less the court fee, if any, paid thereon and also the court fee payable by them on the petition in the district court, under the proviso to article 11(i) of schedule ii to the court fees act, less the court fee, if any, paid thereon, within eight weeks from today. ..... for the appellants was that though the petition for grant of probate or letters of administration with the will annexed, was treated by the district court as a contentious case and decided upon conforming to the requirement of section 295 of the act, court fee was not liable to be paid thereon as required under the proviso above, since the requirement relating to the registration of the petition (application) as a suit contemplated therein, had not been done. ..... procedure in contentious cases -in any case before the district judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the code of civil procedure, 1908, in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff and the person who has appeared to oppose the grant shall be the defendant. .....

Smt. Gomti and ors. Vs. Rameshwardas and ors.

Court : Rajasthan

Reported in : AIR1971Raj211; 1970(3)WLN626

..... under any document, which is capable of being so presented desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer in his discretion may, upon receipt of the process fee payable in such cases, issue a summons requiring him to appear at the registration office, either in person or by duly authorized agent as in the summons may be mentioned and at a time named therein, and cause it to be served upon the person whose appearance is ..... aftab ali khan, the registration act was amended by the addition of section 23a which provides for re-registration of a document which was registered after it had been presented by a person not authorised to do so under section 32. ..... of the provisions of the registration act goes to show that every document required to be registered is to be presented within the time prescribed under sections 23 to 27 which occur in part iv headed 'of the time of presentation'. ..... question which arises in this case is whether the error committed by the registering officer is an error of procedure covered by section 87 of the registration act or there has been a violation of a mandatory provision of the act which renders the registration of the deed either wholly invalid or invalid as to persons not appearing before the registering officer,27. ..... preliminary decree will be drawn up in accordance with form 5a given in appendix d of the first schedule in the code of civil procedure 1908. ..... 1908 .....

K.S.Vijayendran Vs. the Inspector General of Registration and anr.

Court : Chennai

..... " even though the second respondent has passed orders by virtue of the powers conferred under section 71 of the registration act, 1908, the fact remains that the reason for passing such order of refusal is one which has been made out by him in his communication dated 15.11.2010, elicited above, namely the petitioner has been directed to ..... even though it is stated that the second respondent on 28.1.2011 has passed order under section 71 of the registration act, 1908 refusing to register the document, it is the case of the petitioner, as submitted by the learned counsel for the petitioner, that such order has not been served on him.9. ..... authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26: provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered. ..... apart from the above provisions under the registration act, under the registration rules approved by the state government under section 69 of the registration act, 1908, while explaining about the scope of the enquiry by the enquiry officer before registration, rule 55 of the registration rules, which is as follows: "rule 55. .....

Satya Pal Anand Vs. State of M.P. and Ors.

Court : Supreme Court of India

..... . as aforesaid, there is nothing in section 34 of the act of 1908 which obligates appearance of the other party at the time of presentation of extinguishment deed for registration, so as to declare that such registration of document to be null and ..... appellant then approached the inspector general (registration) by way of an application under section 69 of the registration act, 1908 (hereinafter referred to as the act of 1908 ). ..... that sense, presentation of extinguishment deed by the authorized person of the society for registration cannot be faulted with reference to section 34 of the act of 1908. ..... it to observe that since the provisions in the act of 1908 enables the registering officer to register the documents presented for registration by one party and execution thereof to be admitted or denied by the other party thereafter, it is unfathomable as to how the registration of the document by following procedure specified in the act of 1908 can be said to be fraudulent. ..... as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26: provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered. .....

M.L. Mathews, Vs. the Inspector General of Registration,

Court : Chennai

Reported in : 2007(2)CTC243; (2007)2MLJ881

..... amendments made by other states are concerned, we are of the opinion that any order passed by a sub-registrar or registrar refusing to register a document pursuant to any notification issued under section 22-a of the act would not be re-opened.it has been pointed out by the learned counsel appearing on behalf of the petitioners that section 34 and 35 of the registration act,1908 and rule 55 of the registration rules are relevant for the present case. ..... learned government advocate appearing on behalf of the respondents is not in a position to show that the powers have been exercised by the registering authorities only in accordance with the registration act, 1908, and the registration rules framed thereunder, futher it has also not been shown as to how or for what reasons the registering authority has refused to register the documents submitted on behalf of ..... the impugned orders have been passed without adverting to the powers vested in the registering authorities under the registration act, 1908. ..... appear before the registering officer within the time, allowed for presentation under sections 23, 24, 25 and 26: provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the registrar, in cases where the delay in appearing does not exceed four months, may direct that no payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered. .....

Mme. Devika Rani Roerich Vs. K.T. Plantations Pvt. Ltd.

Court : Karnataka

Reported in : ILR1994KAR103

..... and several other high courts that a suit for the specific performance of a contract is not barred merely because the aggrieved party does not choose to bring a suit under section 77, registration act, within the prescribed time and i have no hesitation in adopting this view in the present case also.the second question, that is to say, whether the unregistered sale deed in favour of the plaintiff can be legally admitted in evidence in this suit is clearly answered by the ..... rules 1965 read with section 35 of the registration act, 1908'.on 28.8.92 the first respondent herein filed an appeal before the district registrar invoking section 72 of the act. ..... the relief of possession does not come within the scope of a suit under section 77 of the registration act which is limited to a decree for directing the document to be registered in the sub-registrar's office if it is duly presented for registration within 30 days after the passing of such a decree. ..... 89.50 lakhs, being the consideration referred in the alleged sale deed dated 16.2.92; if so the court- fee payable on the plaint would have been a few lakhs of rupees.the plaint seeks the following reliefs:'(a) declare that the sale deed dated 16.2.92 executed by the defendant mme. ..... the petitioners seek to restrain the second respondent from proceeding with an appeal filed before him by the first respondent, apparently under section 72 of the registration act, 1908 ('the act' for short). .....

Arethia Sava Vishram Vs. Mah Hari Bhuva

Court : Gujarat

Reported in : AIR1967Guj222; (1966)GLR396

..... section 38(1) of the bombay agricultural debtors relief act, of 1947 before its amendment was as under:-'every award made under this act, shall on payment of the court-fee payable under section 44, be registered under the indian registration act 1908 after the expiry of the period provided for an appeal, if an appeal is allowed but no appeal is filed and after the disposal of the appeal if an appeal is filed. ..... section 23 of the indian registration act provides that no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution. ..... section 23 thus refers to a document which has been presented for registration to the registration officer and section 32 provides that every document to be registered under the act shall be presented at the proper registration office by some person executing or claiming under the same and by such other persons mentioned in the section. ..... but the present section 46a provides that a special book called 'register of debt adjustment awards' has to be maintained in all registration offices. ..... in dealing with the question as to who should present the award for registration and within what time, one must look primarily to section 46g and not to section 23 or section 32 of the indian registration act. .....