Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Effect of - Ban is imposed on an unregistered firm in respect of: (i) filing a suit against the firm itself or any of its partners u/s 69(1) of the Act; (ii) against any third party u/69(2) of the Act; and (iii) even relating to a set off or other proceedings only when such claim of set off or other..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Arbitral proceedings - Do not come under the expression "other proceedings" of S.69(3) of the Act - Ban imposed u/s 69 of the Act is not applicable to Arbitral proceedings as well as Arbitral award...........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Effect of - Ban is imposed on an unregistered firm in respect of: (i) filing a suit against the firm itself or any of its partners u/s 69(1) of the Act; (ii) against any third party u/69(2) of the Act; and (iii) even relating to a set off or other proceedings only when such claim of set off or other..........
Will -- Execution of unregistered Will - Suspicious circumstances - Will prepared on verandah of Sub-Registrar office but the same was not registered - Plea taken by witnesses that scribe told them that the Will need not to be registered, creates doubt in the absence of no, examination of scribe, especially when one of the witness had categorically stated that testator..........
Transfer of Property Act, 1882, Section 105, 106, Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17 -- Lease - Unregistered - Relationship of landlord and tenant established by other evidence available on record - Non-registration of lease agreement is immaterial for establishing relationship of parties as landlord and tenant...........
Registration Act, 1908, Section 17, 49 -- U, registered document - Admissibility - Document on the strength of which plaintiffs claimed their right of way over other land of defendants being unregistered, cannot be received as evidence for collateral purposes and held inadmissible, as recital therein with regard to conferment of right of way is not independent of or..........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Transfer of Property Act, 1882, Section 17, 49 -- Unregistered sale deed valuing more than Rs.100 - It is compulsorily registrable document u/s 17 of the Act - Such document without registration cannot be led into evidence and ownership rights cannot be claimed on the basis of said document - However, such document can be seen for collateral purposes...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Unregistered gift deed - Gift deed being compulsorily registrable document leaves no impact if it is unregistered - Getting the gift deed registered subsequently to the registered sale deed of the same property is also no impact as the same is obviously to obviate the concurrent decrees of..........
Will -- Validity - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being third party, claiming right under the sale deed, cannot insist even for the proof of Will as per S.68 of Evidence Act, much less raising suspicious circumstances in the Will - Defendant cannot question validity of Will...........
