Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Alienation of property to daughter on the basis of MOU and unregistered agreement - MOU and agreement collusive and in order to defeat execution proceedings - High Court erred in law in setting aside the attachment - Appellant is free to carry out the execution and to realize the amount from the..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
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 Act, 1908, Ss.17(1)(b), 49, Stamp Act, 1899, Ss.33, 34,..........
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...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Possession delivered in pursuance of unregistered agreement to sell - Restraining defendant not to interfere in possession of plaintiff over it and not to create obstruction in construction being carried out by plaintiff - Unregistered agreement to sell is inadmissible in evidence and does not legally..........
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...........
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 as it is not mere receipt, but a..........
Registration Act, 1908, Section 17 -- Unregistered document discloses an easement by way of passage and creates some interest - Admissibility - No title or ownership over passage is created under the said document - Only irrevocable permission was accorded under it to use the existing passage by granting licence - Document does not require registration - Court to admit the..........
Evidence Act, 1872, Section 57(6), 85, Power of Attorney Act, 1882, Section 2 -- Power of attorney holder - Unregistered power of attorney but authenticated by notary - Court is bound to presume that it was duly executed especially in the case of no rebuttal...........
Will -- Unregistered Will prevails over earlier registered Will provided its genuineness is duly proved in the form of due execution...........
