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Judgment Search Results Home > Cases Phrase: registration act 1908 section 84 registering officers to be deemed public servants Court: supreme court of india Page 1 of about 100 results (0.190 seconds)

Jan 05 2004 (SC)

Food Corporation of India and ors. Vs. Babulal Agrawal

Court : Supreme Court of India

Reported in : 2004(2)ALD66(SC); 2004(5)ALLMR(SC)574; 2004(2)AWC1571(SC); JT2004(1)SC220; (2004)2MLJ57(SC); (2004)137PLR72; 2004(1)SCALE158; (2004)2SCC712

..... the next submission made on behalf of the respondent is that the agreement dated 12.2.1986 which provided for execution and registration of lease for a period of three years, was itself required to he registered according to section 2(7) of the registration act, 1908. ..... an unregistered lease deed intended to be operative for a period of 5 years, it was held that being an unregistered deed, hence it could not create lease right in view of provisions as contained in section 107 of the transfer of property act and sections 17(1) and 49 of the registration act, 1908. ..... or the indian registration act, 1877, or this act came or comes into force, namely,xxx xxx xxx(d) lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;' 'the other relevant provision is clause (v) of sub-section (2) of section 17, which reads as under : '17(2) nothing in clause (b) and (c) of sub-section (1) applies to-xxx xxx xxx(v) 'any document other than the documents specified in sub-section (1a)' not itself creating, declaring, assigning, limiting or extinguishing any right ..... what has been found material in this case is that right from the beginning with the publication of the tender notice till the end, it was given out, including in the agreement, that the appellant shall hire the premises for a period of three years. ..... 1 through his agents/servants/contractors etc. ..... the layout plan indicating the plinths proposed to be constructed, roads, office block etc. .....

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Oct 23 1961 (SC)

The Board of Trustees, Ayurvedic and Unani Tibia College, Delhi Vs. th ...

Court : Supreme Court of India

Reported in : AIR1962SC458; [1962]Supp1SCR156

..... during an enquiry into that application an objection was taken that the servants of india society having been registered under the societies registration act was a corporation and had objects also outside the bombay state and therefore, a legislation purporting to regulate the activities of such a society fell in entry 44 of list i and consequently the state legislature had no power to ..... punishing mutiny and desertion in her majesty's army or in her majesty's indian forces respectively; but subject to the provision contained in the act of the third and fourth years of king william the fourth, chapter eighty-five, section seventy-three, respecting the indian articles of war : or any provisions of any act passed in this present session of parliament, or hereafter to be passed, in anywise affecting her majesty's indian territories, or the inhabitants thereof : or which may ..... rule 6 laid down the circumstances in which the office of a member should be deemed to be vacant, and one of such circumstances was the failure of a member to pay his annual subscription before the date fixed for such ..... 'before the said act was passed, there was a great deal of discontent among the students of the said institution and also the general public and there was strong agitation against gross mismanagement by the trustees of the said ..... of bombay issued a notification under of the bombay public trusts act, 1950 (bom. ..... of the bombay public trusts act, 1950 for registration of the servants of india society. .....

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Jan 13 2023 (SC)

Manik Majumder Vs. Dipak Kumar Saha (d) Thr. Lrs.

Court : Supreme Court of India

..... certificate by registering officer under section 60 of the registration act, 1908 is relevant for proving its ..... , a power-of attorney executed before and authenticated by a notary public, or any court, judge, magistrate, indian consul or vice-consul, or representative of the central government: provided that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely (i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend: (ii) persons who are in jail ..... thus, if a principal does not reside in india and power of attorney executed before and authenticated by a 48 notary public or any court judge, magistrate, indian consul or vice-consul, or representative of the central government, the same is ..... as per section 33(1)(c) of the act, if the principal at the time of execution of the poa does not reside in india, a poa executed before and authenticated by a notary public, or any court, judge, magistrate, indian consul or vice-consul, or 21 representative of the central government shall be ..... shall presume that every document purporting to be a power-of- attorney, and to have been executed before, and authenticated by, a notary public, or any court, judge, magistrate, [indian]. ..... power-of-attorney executed before and authenticated by a notary public, or any court, judge, magistrate, 2[indian] .....

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Feb 14 2006 (SC)

Smt. Seema Vs. Ashwani Kumar

Court : Supreme Court of India

Reported in : AIR2006SC1158; 2006(2)ALD57(SC); 2006(2)AWC1599(SC); 2006(2)BomCR497; (SCSuppl)2006(2)CHN191; 101(2006)CLT639(SC); 2006(1)CTC552; 127(2006)DLT282(SC); I(2006)DMC327SC; [200

..... all sub-registrars of pondicherry have been appointed under section 6 of the indian registration act, 1908 (in short the 'registration act') as marriage registrars for the purposes of registering marriages. ..... as regards muslims, section 3 of the jammu and kashmir muslim marriages registration act, 1981 provides that marriage contracted between muslims after the commencement of the act shall be registered in the manner provided therein within 30 days from the date of conclusion of nikah ..... the 'assam moslem marriages and divorce registration act, 1935,' the 'orissa muhammadan marriages and divorce registration act, 1949' and the 'bengal muhammadan marriages and divorce registration act, 1876' are the relevant statutes ..... so far as christians are concerned, the jammu and kashmir christian marriage and divorce act, 1957 provides for registration of marriages in terms of sections 26 and 37 for registration of marriages solemnized by minister of religion and marriages solemnized by, or in the presence of a marriage registrar respectively ..... under the special marriage act, 1954 which applies to indian citizens irrespective of religion each marriage is registered by the marriage officer specially appointed for the ..... however, objections from members of the public shall be invited before bringing the said rules into ..... in this connection, due publicity shall be given by the states and the matter shall be kept open for objections for a period of one month from the date of advertisement inviting .....

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Aug 14 2007 (SC)

Lt. Governor of Delhi and ors. Vs. V.K. Sodhi and ors.

Court : Supreme Court of India

Reported in : AIR2007SC2885; JT2007(10)SC137; (2008)1MLJ902(SC); 2007(10)SCALE41

..... of the societies registration act, 1860 had to be complied with in the matter of filing list of office-bearers every year with the registrar and the carrying out of the amendments in accordance with the procedure laid down in the act of 1860 and the dissolution being in terms of sections 13 and 14 of the societies registration act, 1860 and making all the provisions of the societies registration act applicable to the ..... it was submitted that going by the tests laid down, scert was a society registered under the societies registration act, which was a master of its affairs and which was not subservient to the government and that the government did not have effective or pervasive control over the ..... the majority also specifically overruled as a legal principle that a society registered under the societies registration act or a company incorporated under the companies act, is by that reason alone excluded from the concept of state under ..... grants made by the administration of delhi/delhi state and government of india for the furtherance of the objects of the council, contributions from other sources, income from assets and publication of the council and receipt of the council from other sources. ..... the executive committee comprising of government servants and educationists. ..... of the writ petitioners as are admissible to the academic staff of national council of educational, research and training ('ncert' for short) at par or to pass any other order or direction as may be deemed fit and proper. .....

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Oct 25 2007 (SC)

Smt. Seema Vs. Ashwani Kumar

Court : Supreme Court of India

Reported in : 2007(6)ALT39; 2008(1)AWC318(SC); 2007(5)CTC460; II(2007)DMC755SC; JT2007(12)SC424; (2008)1SCC180

..... all sub-registrars of pondicherry have been appointed under section 6 of the indian registration act, 1908 (in short the 'registration act') as marriage registrars for the purposes of registering marriages. ..... as regards muslims, section 3 of the jammu and kashmir muslim marriages registration act, 1981 provides that marriage contracted between muslims after the commencement of the act shall be registered in the manner provided herein within 30 days from the date of conclusion of nikah ..... the 'assam moslem marriages and divorce registration act, 1935,' the 'orissa muhammadan marriages and divorce registration act, 1949' and the 'bengal muhammadan marriages and divorce registration act, 1876' are the relevant statutes ..... so far as christians are concerned, the jammu and kashmir christian marriage and divorce act, 1957 provides for registration of marriages in terms of sections 26 and 37 for registration of marriages solemnized by minister of religion and marriages solemnized by, or in the presence of a marriage registrar respectively ..... under the special marriage act, 1954 which applies to indian citizens irrespective of religion each marriage is registered by the marriage officer specially appointed for the ..... however, objections from members of the public shall be invited before bringing the said rules into ..... in this connection, due publicity shall be given by the states and the matter shall be kept open for objections for a period of one month from the date of advertisement inviting .....

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Jul 21 2000 (SC)

Anthony Vs. K.C. Ittoop and Sons and Others

Court : Supreme Court of India

Reported in : JT2000(8)SC175; 2000(3)KLT123(SC); (2001)1MLJ12(SC); 2000(5)SCALE257; (2000)6SCC394; [2000]Supp1SCR645; 2000(2)LC1222(SC)

..... the second inhibition can be discerned from section 17(1) of the registration act 1908 and it reads thus : (only the material portion)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 no. ..... the third interdict, is contained in section 49 of the registration act which speaks about the fatal consequence of non-compliance of section 17 thereof, section 49 reads thus:49. ..... [provided that an unregistered document affecting immovable property and required by this act, or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, or as evidence of part performance of a contract for the purposes of section 53-a of the transfer of property act, 1882, or as evidence of any collateral transaction not required to be effected by registered instrument. ..... the first interdict is contained in the first paragraph of section 107 of the transfer of property act, 1882 (for short the tp act') which reads thus:a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument.9. .....

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Jan 23 2024 (SC)

Adv Babasaheb Wasade Vs. Manohar Gangadhar Muddeshwar

Court : Supreme Court of India

..... members could have applied that they are ready and willing to pay their arrears and upon such application and payment being made, the effect of the proviso to section 15 of the registration act could be considered by the appropriate officer/committee of the society. ..... are being recorded hereunder: i) 7 objectors who had filed objections against the change report were admittedly defaulters in payment of their annual subscriptions, and were covered by the second part of section 15 of the registration act which stated that no person shall be entitled to vote or be counted as a member whose subscription at the time shall have been in arrears for a period exceeding three months. ..... the 7 objectors had not paid their annual subscriptions for more than civil appeal no.10846 of 2018 page 5 of 42 the prescribed period under section 15 of the registration act as such they were barred from voting, and therefore, even if notices were not sent to them, it would not make any difference.8. ..... the society was registered as a public trust under the bombay public trusts act, 19503. ..... has been placed upon by shri naphade on a judgment of this court in the case of hyderabad karnataka education society versus registrar of societies and others4, where a provision similar to section 15 of the registration act was being considered and this court held that the provision was valid and a member defaulting in payment of subscription would for all practical purposes be deemed to not be a member entitled to notice.12. .....

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Apr 06 1990 (SC)

Government of Andhra Pradesh and anr. Vs. M. Hayagreev Sarma

Court : Supreme Court of India

Reported in : JT1990(2)SC138; (1990)IILLJ158SC; 1990(1)SCALE746; (1990)2SCC682; [1990]2SCR366; 1990(1)LC731(SC)

..... judgment and order of the andhra pradesh administrative tribunal, hyderabad dated october 18, 1985 declaring rule 5 of the andhra pradesh public employment (recording and alteration of date of birth) rules 1984 (hereinafter referred to as '1984 rules') void and directing the appellants to consider the respondent's application for alteration of his date of birth in the service records in accordance with the extracts from birth register maintained under the births, deaths and marriages registration act, 1886.2. ..... the object underlying rule 4 is to avoid repeated applications by a government employee for the correction of his date of birth and with that end in view it provides that a government servant whose date of birth may have been recorded in the service register in accordance with the rules applicable to him and if that entry had become final under the rules prior to the commencement of 1984 rules, he will not be entitled for alteration of his date of birth ..... he further submitted that there was no question of repugnancy between rule 5 and section 9 of the births, deaths and marriages registration act, 1886 and the tribunal committed error in striking down the aforesaid rule 5 ..... it further provided that if no such declaration was made by the employee the head of the office, should determine the date of birth of the employee in accordance with the records as may be available to him after giving opportunity to the employee within six months from the date on which the employee joins .....

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Sep 26 2003 (SC)

illachi Devi (D) by Lrs. and ors. Vs. JaIn Society, Protection of Orph ...

Court : Supreme Court of India

Reported in : AIR2003SC3397; 97(2004)CLT284(SC); 2003(4)CTC98; 107(2003)DLT137(SC); JT2003(Suppl1)SC428; 2003(8)SCALE190; (2003)8SCC413

..... terms of sections 223 and 236, a 'company' must be a 'company' registered under the companies act we are, therefore, of the considered opinion that neither the provisions of the act nor the rules framed thereunder contemplate that the societies registered under the societies registration act would qualify to be considered as a company for the purpose of sections 223 ..... while it is true that a society registered under the societies registration act does not suffer technically from all of the legal disabilities as the other prohibited classes of persons, as stipulated by sections 223 and 226 of the act, such as minors and persons of unsound mind but that by itself would not lead one to the conclusion that such a society would ..... property of society how vested - the property, moveable and immoveable, belonging to a society registered under this act, if not vested in trustees, shall be deemed to be vested for the time being in the governing body of such society, and in all proceedings, civil and criminal, may be described as the property of the governing body of such society by ..... (telangana area) public societies registration act, 1350 is reproduced hereinbelow :'suits ..... or may be sued in the name of the president, the secretary, or any office-bearer authorised by the governing body in this behalf. ..... a hindu undivided family, a partnership firm, or even a sole proprietary concern can sue or be sued in its own name, by virtue of the provisions contained in the code of civil procedure, 1908. .....

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