Partnership Act, 1932, Section 69(1) -- Un-registered partnership firm - Recovery suit filed by one partner of unregistered partnership Firm against other partner is not maintainable, as rigours of S.69(1) of the Act would apply on such suit...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and unstamped agreement - No sale of property was effected by agreement in question - It is only a memorandum which states prior settlement between parties - Application rightly dismissed...........
Will -- Proof - Unregistered Will - Testator died after more than 1 year of execution of Will, but no effort was made to get the same registered - For 17 years after death of testator Will never saw the light of the day - Neither scribe nor attesting witness of Will was examined except PW1 who is headman of village - Testator was 80 years of age at the time of execution of..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
Registration Act, 1908, Section 17, 49Proviso -- Unregistered agreement to sell - Suit for specific performance - Agreement to sell though unregistered can be accepted in evidence for collateral purpose in a suit for specific performance...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped documents - Documents styled as agreements executed for clarificatory purposes to set out the dimensions which were missed out in corresponding registered sale deeds - Documents cannot be treated as instruments or conveyance creating any additional rights in party - Such documents..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
