Judgment Search Results Home > Cases Phrase: registration act 1908 section 84 registering officers to be deemed public servants Court: kerala Page 1 of about 7 results (0.101 seconds)

Meenachil Panchayat Vs. Sivasankara Marar

Court : Kerala

Reported in : 2003(2)KLT914

..... 3 of appendix g and that such a bond requires registration as a result of sections 4 and 59 of the transfer of property act, 1882 and section 49 of the indian registration act, 1908, quite apart from section 17 of the latter act - we consider it unnecessary to deal with the controversy and express our views on the true scope and ambit of section 17 of the indian registration act, 1908'. 4. ..... under section 17(2)(vi) of the registration act, 1908, the decrees and orders of the court are exempted from registration. ..... 100, the same is required to the registered, in view of the provisions of sections 17 and 49 of the registration act and sections 59 and 4 of the transfer of property act. ..... section 17(1) of the registration act deals with various documents, which are liable to be registered. ..... if section 17(2)(vi) of the registration act applies to the facts of the case, it is not necessary to get the bonds registered. ..... 171 (pc) wherein it was held that section 17 of the registration act does not apply to proper judicial proceedings whether consisting of pleadings filled by the parties or orders made by the ..... the bench held that since the mortgage is executed in favour of the court, it is liable to be registered under sections 4 and 49 of the transfer of property act and section 17 of the registration act. ..... we think, this can be avoided by directing the subordinate courts to communicate the orders passed in such cases to the respective sub registry offices at the expense of the decree holders. 10. .....

Allahabad Bank Vs. Ley Bros.

Court : Kerala

Reported in : 2010(1)KLT765

..... if the parties intended that it should embody the contract between them, it would have been necessary to register the same under section 17 of the registration act, 1908. ..... 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 one hundred rupees and upwards. ..... 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 of the indian registration act, 1908, as a non-testamentary instrument, creating an interest in immovable property, where the value of such property is one hundred rupees and upwards'. ..... it follows that in such a case, the document which constitutes the bargain regarding security requires registration under section 17 of the indian registration act, 1908. ..... the relevant portion of section 17 of the registration act, 1908 reads as follows:17. .....

Manathanath Kunhahammed Vs. Kizhakke theruvathakath Cherammal Thodiyil ...

Court : Kerala

Reported in : AIR2009Ker143

..... section 17(1) of the registration act, 1908 is as under:documents of which registration is compulsory-- (1) the following documents shall be registered if the property to which they relate is situated in a district in which, and if they have been executed on or after the date on which, act ..... either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.the section contains two parts, the former part dealing with lease for agricultural or manufacturing purposes which shall ..... sub-section (3) introduced by act 3 of 2003 and which is relevant in this case states:a notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the ..... be deemed to be from year to year terminable by six months' notice and the latter part dealing with lease for other purposes which shall be deemed to be from month to month terminable from the part of either parties by 15 days' notice, .....

Hubert Peyoli Vs. Santhavilasathu Kesavan Sivadasan

Court : Kerala

Reported in : AIR2009Ker160

..... section 17 of the indian registration act, 1908, which deals with the cases of the documents which are liable to be registered compulsorily is extracted below:..17. ..... it follows that in such a case the document which constitutes the bargain regarding security requires registration under section 17 of the indian registration act, 1908 as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees and upwards. ..... : [1950]1scr548 as follows:the question whether a memorandum of deposit of title deeds is compulsorily registrable under section 17 of the indian registration act, 1908, as an instrument creating an interest in immovable property, depends on whether the parties intended to reduce their bargain regarding the deposit to the form of a document. ..... the mandate under sections 58(f) and 59 of the transfer of property act, 1882 with reference to section 17 of the indian registration act, 1908 was further highlighted by the apex court in the subsequent decision in united bank of india ltd. v. ..... , section 17 of the indian registration act, 1908 and section 58(f) of the transfer of property act, 1882, it was held by the apex court in rachpal mahraj v. .....

P.M. Kelukutty and Others Vs. Young Men's Christian Association, repre ...

Court : Kerala

..... provisions of section 17 of the registration act, 1908 which is also relevant for ..... of the security interest (enforcement) rules, 2002, he may either surrender possession or resist the attempt of the secured creditor to take the possession of the secured asset by producing before the authorised officer proof that he was inducted as a lessee prior to the creation of the mortgage or that he was a lessee under the mortgagor in accordance with the provisions of s.65a of the transfer of property ..... if valid gets determined in accordance with clause (f) of s.111 of the transfer of property act, but if he resists the attempt of the secured creditor to take possession, the authorised officer cannot evict the lessee by force but has to file an application before the chief metropolitan magistrate or the district magistrate under s.14 of the sarfaesi act and state in the affidavit accompanying the application, the name and address of the person claiming ..... title deeds, where such deposit has been made by way of security for the repayment of a loan or an existing or future debts ; (g) sale certificate issued by any competent officer or authority under any recovery act ; (h) irrevocable power of attorney relating to transfer of immovable property in any way, executed on or after the commencement of the registration (maharashtra amendment) act, 2010. 14. ..... section 106 of the transfer of property act, 1882, a monthly tenancy shall be deemed to be a tenancy from month to month and must be registered .....

K.M. Varghese and ors. Vs. K.M. Oommen and ors.

Court : Kerala

Reported in : AIR1994Ker85

..... . we feel that it is not wholly unnote-worthy to think that the certificate under section 60 of the indian registration act endorsed on the deed by the registering officer under section 60(2) is a relevant piece of corroborative evidence for proving its execution -- see air 1978 p & h 285, shiv ..... reads thus :'52 (1) (a) the day, hour and place of presentation and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it; (b) a receipt for such document shall begiven by the registering officer to the person presenting the same; and (c) subject to the provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its admission ..... . under section 60 of the indian registration act after complying with such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration the registering officer shall endorse thereon a certificate containing the word 'registered', together with the number and page of the book in which the document has ..... is also provided that it shall not be necessary to call an attesting witness in proof, of the execution of any document, not being a will, which has been registered in accordance with the provisions of the indian registration act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied .....

P.M. Kelukutty and Others Vs. Young Men's Christian Association and Ot ...

Court : Kerala

..... provisions of section 17 of the registration act, 1908 which is also relevant for ..... of the security interest (enforcement) rules, 2002, he may either surrender possession or resist the attempt of the secured creditor to take the possession of the secured asset by producing before the authorised officer proof that he was inducted as a lessee prior to the creation of the mortgage or that he was a lessee under the mortgagor in accordance with the provisions of s.65a of the transfer of property ..... if valid gets determined in accordance with clause (f) of s.111 of the transfer of property act, but if he resists the attempt of the secured creditor to take possession, the authorised officer cannot evict the lessee by force but has to file an application before the chief metropolitan magistrate or the district magistrate under s.14 of the sarfaesi act and state in the affidavit accompanying the application, the name and address of the person claiming ..... title deeds, where such deposit has been made by way of security for the repayment of a loan or an existing or future debts ; (g)sale certificate issued by any competent officer or authority under any recovery act ; (h) irrevocable power of attorney relating to transfer of immovable property in any way, executed on or after the commencement of the registration (maharashtra amendment) act, 2010. 14. ..... section 106 of the transfer of property act, 1882, a monthly tenancy shall be deemed to be a tenancy from month to month and must be registered .....

CochIn Yacht Club Vs. State of Kerala

Court : Kerala

Reported in : 2006(3)KLT67; (2006)IIILLJ427Ker

..... it is seen that it is an inclusive definition and among other establishments it includes any commercial establishment coming within the meaning of section 2 of the kerala shops and commercial establishments act 1960, an establishment including a society registered under the societies registration act, 1860 or the travancore cochin liberary, scientific and charitable societies registration act, 1955, which carries on any business, or trade or any work in connection therewith or ancillary thereto and which employs, or on any working day ..... or insurance establishment, an establishment or administrative service in which the persons employed are mainly engaged in office work, hotel, restaurant, boarding or eating house, cafe or any otherrefreshment house, a theatre or any other place of public amusement or entertainment and included such other establishments as the government may, by notification in the gazette, declare to be a commercial establishment for the purposes of this act, but does not include a factory to which all or any of the provisions of the factories ..... where any trade or business is carried on or where services are rendered to customers, and includes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the factories act. .....

Kumaran Vs. Kodakkavoor Olluparampu Ardhanareeswara Devaswom and ors.

Court : Kerala

Reported in : [1990]68CompCas692(Ker)

..... the short question arising for consideration is, is it necessary at all to have notice of institution of the suit given, either to the members of the managing committee or to the members of the society registered under the societies registration act, the first defendant also, leave alone notice by public advertisement within the meaning of order 1, rule 8, civil procedure code, so as to say that the suit is properly instituted.5. ..... the first respondent (the first defendant) admittedly is a society registered under section 5 of the travancore-cochin literary, scientific and charitable societies registration act, 1955 (act 12 of 1055), for short, 'the societies registration act'. ..... that means the society registered under the societies registration act, being a legal entity, is capable of suing and being sued in its own name. ..... the property, movable and immovable, belonging to the society, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of the society, and in all proceedings, civil and criminal, may be described as the property of the governing body of such society by their proper title (see section 8). ..... occasion ; provided however, that it shall be competent for any person having a claim or demand against the society, to sue the president or chairman, or principal secretary or the trustee thereof, if, on application to the governing body, some other officer or person be not nominated to be the defendant. .....

Eshaque Vs. Sub Registrar

Court : Kerala

Reported in : AIR2002Ker128

..... section 34 dealswith enquiry before registration by registering officer ..... 1989patna 144) considered the provisions of sections 52 and 68 of registration act, where it isheld as follows:- 'in our view, if a document otherwise complying with the statutory requirements andformalities is presented for registration, the registering authority is bound to register it. ..... order to appreciate the rival contentions it is necessary to refer to therelevant provisions of the registration act, 1908. ..... the circular issued by the inspector general ofregistration to the registering authorities, section 69(i) clearly provides that the inspectorgeneral shall exercise a general superintendence over all the registration offices inthe territories under the state government, and shall have the power from time to timeto make rules consistent with this act. ..... mentioned above only in view of the difficulties and loss ofmoney experienced by the general public on account of the registration of documentsby the registering authorities without any proper verification regarding the title,possession and also the encumbrances, if any, in respect of the property sought to beconveyed by the document presented for registration and that the said circularspecifically directs the registering authorities to verify the prior documents in respectof the property and to satisfy that the ..... further submitted that under theprovisions of the registration act, 1908, the 1st respondent can verify only the mattersspecified in sections. .....