Societies Registration Act, 1860, Section 25 -- (As applicable in U.P.) - Order of Registrar u/s 25 - Writ petition against - Held, High Court's jurisdiction is limited to examine if power u/s 25 is properly exercised - Court cannot enter into factual disputes, claims and counter claims...........
Societies Registration Act, 1860, Section 25 -- (as applicable in U.P.) - Rules of Society not providing for election of its President - Registrar ordering continuance of a person as President - Same based on interim order of High Court - Such order cannot be construed as one u/s 25 - As rules of Society did not provide for election, application u/s 25 was incompetent -..........
Registration Act, 1908, Section 17, 18(b) -- Document - Whether registration compulsory - Depends upon nature and contents of the document - The nomenclature given to the document is not decisive - Primary question to be considered is whether the document by itself creates or extinguishes rights in immoveable property worth more than Rs.100/- - Dispute between vendor and..........
Compromise -- Decree simplicitor on admission creating rights in the property for the first time requires registration in accordance with the provisions of the Indian Registration Act...........
Registration Act, 1908, Section 17(2)(vi) -- Only by passing of decree rights created in property for the first time - Decree simpliciter on admission creating rights and even if treated to be a decree on compromise - Registration is mandatory - Unregistered decree - Ineffective and incapable of passing any title...........
Registration Act, 1908, Section 17 -- Relinquishment of right in immovable property - Must be by way of a registered instrument...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission of claim - Court is not bound to pass a decree on the basis of mere admission of claim by the defendant - It is only an enabling provision - Court has a duty to see whether the plaintiff is entitled under law to get the relief sought for - Court should also see whether the suit is collusive to defeat the provisions..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11 -- Decree on the basis of admission or consent - Court ought not to pass a decree mechanically based on admission or consent of parties - Simply because defendant admitted claim of plaintiff - Court not bound to pass a decree - - Duty of Court to examine claim of plaintiff, whether..........
Registration Act, 1908, Section 17 -- Oral relinquishment when property worth more than Rs. 100/- Not permissible - Relinquishment has to be effected by registered instrument in view of Section 17...........
Will -- Execution - Proof - Mere registration of a Will, is no proof of its execution...........
