Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration based on unregistered gift deed is nullity in law u/s 123 of T.P. Act - Cause of action cannot arise on basis of void document - Plaint rejected...........
Bharatiya Nyaya Sanhita, 2023, Section 64 -- Secondary evidence - Photocopy of unregistered and unstamped document - Document in question is chargeable with stamp duty of 1% on ad valorem basis - Document is written on stamp paper of Rs.100 only and it is insufficiently stamped - Photocopy of document cannot be impounded for payment of deficit stamp duty and once photocopy..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Money decree - Claim petitioner sought to resist execution relying on an unregistered non-possessory agreement executed subsequent to attachment, would not confer any right, title or interest to claim petitioner in suit property to resist execution - Claim petition rightly rejected...........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Summons to produce document - Defendant has already laid foundation about existence of document in question in written statement - Occasion for defendant to file an application for summoning the document had arisen only when his turn of evidence came to be recorded - It cannot be said that defendant had slept over in not..........
Registration Act, 1908, Section 17 -- Un-registered usufructuary mortgage deed - When an usufructuary mortgage is entered into, where the amount involved is more than Rs.100, then as per S.17 of the Act registration of said document is compulsory - Even though such unregistered document has been received in evidence and marked, plaintiff is entitled to rely on said..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Plaintiffs had filed an earlier suit against defendants and suit was dismissed as barred u/s 69(2) of Partnership Act, since firm was unregistered - However, defendants in their written statement had specifically urged the plea that suit is not maintainable in view of S.69(2) of Partnership Act - An..........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell and power of Attorney - Unregistered documents required to be registered are inadmissible in evidence for the purpose of conveying title or completing a sale transaction and can only be admitted for collateral purposes or in a suit for specific performance...........
Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Agreement of sale being un-registered cannot have any effect for the purpose of S.53-A of Transfer of Property Act...........
