Showing : 241-250 of 1251 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Unregistered - Suit for specific performance on the basis of unregistered & unstamped agreement to sell is maintainable - Requirement of registration and stamping agreement is only when plaintiff is to take benefit of doctrine of part performance u/s 53-A of Transfer of Property Act. (Registration..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Partnership Act, 1932, Section 69, Arbitration and Conciliation Act, 1996, Section 11(5), 8-- Unregistered partnership firm - Non-registration of partnership firm not a bar u/s 69 of the Act of 1932 for institution of proceedings u/s 11 of the Act of 1996, particularly when partnership deed contains arbitration clause...........
DELHI HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 17(1)(b)-- Registration - Compromise decree - Judgment and decree passed in respect of pre-existing rights of coparceners of HUF in the HUF properties - Judgment and decree not require to be registered...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65(e), 74, Registration Act, 1908, Section 51, 57(5)-- Secondary evidence - Certified copies of registered deed - Record maintained by Registering Officer is public document - Certified copy thereof can be given as secondary evidence of existence, condition or contents of the same...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 64, Order 38, Rule 10, Registration Act, 1908, Section 71, 76-- Registration of sale deed - Order of attachment cannot be a bar to registration of document - Sale of property, pending the order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be..........
DELHI HIGH COURT
Year of decision: 2016
Details
Punjab Registration of Money Lenders Act, 1938, Section 3-- Applicability of Act - Recovery suit - Where plaintiff is not a "money lender", and the amount advanced does not qualify as a "loan", Act has no applicability to the suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Stamp Act, 1899, Section 47A(3)-- Sale deed - Showing lesser value of property - Initiation of proceedings u/s 47-A(3) of the Act - Limitation is 3 years from the date of registration of sale deed - Notice issued after expiry of period of 3 years is barred by limitation - Impugned notice quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for mandatory injunction and recovery of damages - Suit filed by unregistered public Trust - Suit is barred in view of S.17 of Registration Act and S.29 of Rajasthan Public Trusts Act, as registration of public Trust is mandatory - Plaint rightly rejected...........
KERALA HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 17(2)(xi)-- Unregistered receipt for payment of mortgage money - It is exempt from registration when it does not purport to extinguish the mortgage - However, if receipt recites that possession of property has been given back, receipt cannot be admitted in evidence to prove redemption, if it is unregistered..........
KERALA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 35, Registration of Births and Deaths Act, 1969, Section 13(3)-- Entry made in register of births and deaths pursuant to direction of Magistrate u/s 13(3) of Act - Cannot be reckoned as conclusive proof as to disputed date of death...........

Showing : 241-250 of 1251 Results