Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- Unregistered lease deed of immovable property for more than one year - Contention that such lease deed is not admissible in evidence - Objection cannot be sustained as lease stands admitted in reply and secondly appellant did not dispute the ownership of respondent and there is admission..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Will - Unregistered Will - Two views - Both the Courts below have relied upon suspicious circumstance of the same having not been mentioned in the earlier application by husband/father of the appellant - Adverse inference has been drawn for not producing the attesting witness - Even if two views are possible,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction restraining Financial Corporation from taking possession - Default in payment of instalments of balance sale consideration - Possession taken back by Financial Corporation - Plaintiff has thus no prima facie case - Plaintiff claiming possession on basis of unregistered agreement and simultaneously want to take..........
Will -- Suspicious circumstance - Testatrix an old lady of 80-90 years - One of the attesting witness a lady living in Delhi for 35 years - Another attesting witness a stranger and chance witness who was not known to other attesting witness - The Will in question an unregistered Will nor produced at the time of mutation - There is nothing from the statement of the..........
Will -- Registration of Will is not compulsory - When Will is unregistered, then evidence led by propounder of the Will is to be scrutinised with great care and caution as the same speaks after the death of the testator...........
Arbitration Act, 1940, Section 20, Partnership Act, 1932, Section 69 -- Arbitral proceedings not maintainable at the instance of an unregistered firm - Firm must be registered at the time of institution of suit and not later on...........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit by - Registration of firm during pendency of suit - Bar under S.69 does not apply...........
Registration Act, 1908, Section 17(1)(b) -- Partition deed - Unregistered - Can be relied upon to establish the severance of status in the joint family...........
Family arrangement -- Receipt of Rs.3, 000 towards relinquishment of share in family property - Document unregistered - Document of property of more than Rs.100/- requires compulsory registration - Unregistered document cannot be received in evidence and it cannot be looked into for any purpose. (Registration Act, 1908, Ss.17, 49)...........
Railways Act, 1989, Section 93, Partnership Act, 1932, Section 69 -- Non delivery of goods - Suit for damages by unregistered partnership firm - Suit can be filed even by an unregistered firm since liability of Railway is one u/s 93 of Railways Act and not on basis of contract with firm...........
