Rent and eviction -- U, registered lease agreement - Agreement was for a period exceeding one year - However, agreement being unregistered, is inadmissible in evidence - Tenant not disputed that he is occupying premises in question - A person who holds over an unregistered agreement and continues in possession has to pay monthly rent holding over as a tenant from month to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance on the basis of unregistered agreement to sell is maintainable - Order rejecting plaint, set aside...........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 3, 4, 5, 6, 18, 22, 23, 28, 32(a), Rule 9(1), 9(4), 10(1A), 18 -- Sex determination - Acquittal - Prosecution not prove that respondent alongwith co-accused was conducting any illegal sex determination at unregistered and unauthorized genetic centre in violation of..........
Agreement to sell -- Specific performance - Unregistered agreement to sell can be admitted in evidence in a suit for specific performance of such agreement...........
Registration Act, 1908, Section 49 -- Proviso, Stamp Act, 1899, S.35 - Copy of Bahi Khata - Unregistered and insufficiently stamped - An unregistered document is admissible in evidence for collateral purposes - However, a document without payment of requisite stamp duty cannot be used in evidence, even for collateral purposes - Document be impounded and be sent to..........
Stamp Act, 1899, Section 33 -- Impounding of document - U, registered agreement to sell - Can be sent for impounding as per S.33 of the Act, as mere impounding of document does not obligate trial Court to receive the same in evidence as it requires registration also under provisions of Registration Act - Dismissal of application u/s 33 of the Act held, not proper - Trial..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Registration Act, 1908, Section 17, 49 -- U, registered mortgage deed - Collateral purpose - Admissibility - Personal covenant was enforced by plaintiff in unregistered mortgage deed in respect of suit property whereby defendant had agreed to repay amount whenever they demand - Document thus, sought to be used for collateral purpose, trial Court could not have refused to..........
Transfer of Property Act, 1882, Section 107 -- U, registered lease deed - Signature of lessor does not appear in lease deed - Lease deed in question is even unregistered - Same cannot be construed as a valid lease deed - Plaintiff thus, not acquired any title by virtue of lease deed in question - Findings of Court below regarding possession is inconsequential...........
Maharashtra Rent Control Act, 2000, Section 55, 15, 16(1)(g) -- Rent and eviction - Unregistered tenancy agreement - Relationship of landlord and tenant - Proof of - If tenancy is created after commencement of the Act it should be in writing and document should be registered and for violation of these requirements landlord can be convicted and punished with imprisonment -..........
