Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Exemption from registration - In order to fall under the exception of S.17(2)(vi) of the Act, following conditions must be satisfied: (i) There must be a compromise decree as per the terms of compromise without any collusion; (ii) compromise decree must pertain to the subject property in the suit; and (iii)..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of registered sale deed - Suit filed after 13 years of execution of sale deed - Plea of bar of limitation - High Court was not right in holding that limitation period commences from the date of registration itself - Judgment of High Court is unsustainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of public Trust as party - Where application filed by petitioner for registration of Public Trust was allowed and same is challenged in appeal, Public Trust is a necessary and proper party for adjudication of appeal - Application allowed...........
Registration Act, 1908, Section 71 -- Refusal to register sale deed - Non-production of original parent document - Sub-registrar cannot insist petitioner to produce original parent document for verification - Sale deed can be registered if certified copy of parent document is produced...........
Registration Act, 1908, Section 71 -- Registration Rules (Kerala), 1958, Rr.67, 191 - Refusal to register a document - Registering Officer has no authority to enquire into the validity of a document brought to him for registration or to question the right of executant to execute the document or to insist for production of title deed or prior document of property...........
Registration Act, 1908, Section 17(1) -- Registration - Sale certificate issued to purchaser in pursuance of confirmation of an auction sale is merely evidence of such title and does not require registration u/s 17(1) of the Act...........
Stamp Act, 1899, Article 18, 23ScheduleI -- Stamp duty - Sale certificate - When auction purchaser presents original sale certificate for registration, it would attract stamp duty in accordance with Arts.18, 23 of Schedule I of the Act - As long as sale certificate remains as it is, it is not compulsorily registrable - It is only when auction purchaser uses the certificate..........
Registration Act, 1908, Section 71 -- Refusal to register document - Registering authority cannot refuse registration, merely on account of an injunction order being passed in relation to subject land, unless the parties to document are also parties to the suit where such an interim injunction had been granted...........
Constitution of India, 1950, Article 226 -- Writ petition - Registration of document - Challenge as to - Writ petition would be maintainable only where there is failure on the part of registering authority to stick to the mandate of law and mere cancellation of registration of document is sought - Declaration that the document is null and void is exclusively within the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 174 -- Non-cognizable offence - FIR can be registered only after getting an appropriate order from Magistrate, who is having power to try such a case - In the absence of the same, very registration of FIR is illegal...........
