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Judgment Search Results Home  Phrase:registration act  Court:rajasthan

Jan 24 2006

Sukhdev Singh Vs. Baxis Singh and Anr.

  • Decided on : 24-Jan-2006

Court : Rajasthan

Reported in : RLW2006(2)Raj1036

..... relate is situate in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864 or the indian registration act, 1866, or the indian registration act, 1871 or the indian registration act, 1877, or this act came or comes into force, namely:a) xxx xxxb) xxx xxxc) xxx xxxd) xxx xxxe) xxx xxxprovided....1a) the documents containing ..... .22. in the case of jamna bai v. tulsi ram (supra), this court has clearly held that the document, which was required to be registered under the provisions of the registration act, was not adequately stamped and registered, and therefore the document could not be received in evidence, as it was not admissible even for collateral purposes.23. in air 1976 sc ..... not registered one and objection was taken that it was not admissible in evidence. the court in the circumstances found the case governed by proviso to section 49 of the registration act and held the document admissible in evidence. : [1962]2scr333 (javer chand v. pukhraj surana)(supra)-the hon'ble apex court in the circumstances when unstamped documents hundies were marked exhibits ..... not necessary that the agreement to sale should always be a registered document. it is submitted that this document tendered in evidence requires to be examined under the provisions of registration act particularly in the circumstances that it was admitted in evidence without there being any objection to it. the learned counsel submits that on the basis of ex. 1 the suit .....

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Feb 02 1971

Ramdayal and Ors. Vs. Bhanwarlal and Ors.

  • Decided on : 02-Feb-1971

Court : Rajasthan

Reported in : AIR1973Raj173; 1972()WLN476

..... , the trial court emphasised that the endorsement and certificate were not proved to have been copied in the margin of the register book as required by section 61 of the registration act.17. as regards issue no. 8 (a), the trial court held that the mortgagors having failed to deliver the possession of the mortgaged property back to the plaintiffs-mortgagees on ..... account of the non-compliance with the provisions of sections 35 and 61 of the marwar registration act which are similar to the provisions of the indian registration act except for some changes in section 35 of the marwar registration act a question relating to the validity of the registration deed on account of the non-presentation of the deed and non-admission made by some of ..... the register book. we must mention in this connection that having regard to the provisions of section 60 (2) of the registration act and section 114 of the evidence act, the completion of the document in the manner provided by the act has to be held established. in this view of the matter, it is unnecessary to enter into a detailed examination of the ..... . 8, we are clearly of the opinion that the trial court clearly went wrong in entering into the controversy whether the registration was not complete on account of the non-comphance with the provisions of section 61 of the registration act. the defendants did not take any plea that the endorsement and certificate were not copied in the margin of the register book .....

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Apr 15 2006

Shankar Lal and Ors. Vs. The Civil Judge (Jr. Div.) and Ors.

  • Decided on : 15-Apr-2006

Court : Rajasthan

Reported in : 2006(3)WLC421

..... the petitioners has submitted that as per proviso of section 49 of indian registration act, unregistered document can be received in evidence for collateral purposes. section 49 of the jaipur registration act is parameteria with the indian registration act, therefore, the judgments in respect of the indian registration act will apply. in support of the aforesaid submissions, mr. agrawal, counsel for ..... realisation of deficit stamp with penalty. thereafter the same may be admitted in evidence.9. as regards registration, the submission of the counsel for the petitioners is that the jaipur registration act, 1944 repleaded hidayats. the jaipur registration act, 1944 required compulsory registration of instrument of conveyance, transferring immovable property if the consideration was rs. 100/- or more. the ..... proceed on the assumption that the document in question was compulsorily registrable under the hidayats (hen in force. the hidayats were repealed by the jaipur registration act, 1944 which came into force on 8.2.1944 and the jaipur registration act continued to be in force till the registration act, 1908 was extent to the whole of india except the ..... this transaction relates to the calender year 1929, therefore, hidayat no. 22 relating to the registration is applicable. the erstwhile jaipur state has enacted the jaipur registration act, 1944 by repealing hidayat no. 22 vide section 93 of the act.12. i have gone through the record of the writ petition and further considered the rival .....

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Feb 25 2003

Gafur Khan and Ors. Vs. State of Rajasthan and Ors.

  • Decided on : 25-Feb-2003

Court : Rajasthan

Reported in : AIR2003Raj233; 2003(3)WLC368

..... sub-registrar jurisdiction (sic) the document which has been admitted to be executed by executrix.59. at this stage, learned counsel placing strong reliance on section 71 of the registration act, urges that, sub-registrar has jurisdiction to refuse to register the document which gives him a wide discretion and power to refuse on any ground other than for denial of ..... executrix, whose identity was verified by the registrar and she has acknowledged before the sub-registrar due execution of the document by herself in accordance with the provisions of the registration act. under circumstance the document could not have been refused to register by the sub-registrar.15. learned counsel for the respondents-complainants, on the other hand, has urged that ..... defects in the original proceedings could not have been remedied by the appellate authority.13. be that as it may, the appellants referred an appeal under section 72 of the registration act before the registrar, who vide his order dated 25-10-1994 has dismissed the appeal for the two reasons. firstly, that respondent no. 2, sub-registrar, phalodi, has conducted ..... , was presented by the executrix herself before the sub-registrar and the due execution of document was verified by the sub-registrar as required under section 34 of the indian registration act by obtaining affirmation from smt. shahajadi khatu herself, who was present and identified by her lawyer mohanlal before the sub-registrar. this fact is apparent from the endorsement made .....

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Aug 14 1969

Hakim Ghulam Mohammed Vs. Dr. Zahoor Mohammad

  • Decided on : 14-Aug-1969

Court : Rajasthan

Reported in : AIR1970Raj171; 1969()WLN411

..... relate is situate in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely :..... (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or ..... bin lakshman v. anant babaji, (1877-78] ilr 2 bom 353, in which it was observed at page 355-'the circumstance that there is nothing in the terms of the registration acts to impose upon the courts the duty of instituting any inquiry, as to the actual value of an interest in immovable property affected by an unregistered instrument, previously to the ..... . venkatarama ayyar, air 1950 mad 738 (fb) and raja ishwari singh v. raja hari singh, 1960 raj lw 419.4. the object of the stamp act however is only to collect revenue. the object of the registration act on the other hand is to prevent people being duped into purchasing property from a person who does not own it. there is thus public ..... the instrument as being less than rs. 100 or if the value is not given at all in the deed.3. in the registration act no. 16 of 1864 there was a provision that for the purposes of registration the value of the interest created in immovable property by a deed should be ascertained with regard to the stamp law. this provision was .....

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Nov 18 1970

Smt. Gomti and Ors. Vs. Rameshwardas and Ors.

  • Decided on : 18-Nov-1970

Court : Rajasthan

Reported in : AIR1971Raj211; 1970(3)WLN626

..... 46 and had authorised his naib hakim, shri ranjit sirrah in writing to carry on his work during his absence under section 12 of the marwar registration act,, 1934, which runs as follows:--'section 12. absence of sub-registrar.--when any sub-registrar is on leave or absent from his headquarters, any ..... registering officer shall refuse to register the document' should be read distributively and should be construed as not mandatory but only directory.36. the then registration act did not contain provision corresponding to that contained in clause (3) of section 35 that if any person by whom the document purports to be ..... it.35. the case of (1876) 4 ind app 166 (pc), is an authority for the proposition that the provision contained in the then registration act that 'if all or any of the persons by whom the document purports to be executed deny its execution, or if any such person appears to ..... denied it was improperly registered and could not be received in evidence as against the sons. the decision was based on section 35 of the registration act of 1871. this section runs as follows:--'if all the persons executing the document appear personally before the registering officer and are personally known to ..... any) as he has nominated in writing in this behalf on the receipt mentioned in section 52.' 12. a perusal of the provisions of the registration act goes to show that every document required to be registered is to be presented within the time prescribed under sections 23 to 27 which occur in .....

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Sep 11 1990

Smt. Kishni Devi Vs. The State of Rajasthan and Ors.

  • Decided on : 11-Sep-1990

Court : Rajasthan

Reported in : AIR1992Raj24; 1990(2)WLN102; 1990WLN(UC)351

..... otherwise they would not have refused the registration of the saidsale-deed. the registration of the sale-deed could not be refused on the ground mentioned in their orders. reference of ..... deed annexure 2. the sub-registrar completed all the formalities required under sections 34, 35,58 and 59 of the registration act (hereinafter to be called 'the act). on march 31, 1987 the executant had given a notice under section 26 of the urban land (ceiling and regulation ..... from the date of its registration.reference of nand ballabh gurnami v. smt. maqbool begum, 1981 allahabad rent cases 516 (sc) may be made here. to say the least, it appears that the registrar and the sub-registrar were ignorant of the aforesaid provisions of the registration act and the above quoted rules, ..... holder of power of attorney continues to hold such a power. he relied upon the provisions of sections 52, 58 and 71 of the act, rules 39 and 105, rajasthan registration rules, 1955 (hereinafter to be called 'the rules') and j.d. pathak v. b.b. barot, air 1982 guj 317.5. ..... by the learned counsel for the petitioner that all necessary formalities required under sections 52, 58 and 59 of the act were complied with. despite them, the sub-registrar, jodhpur refused its registration by its order dated august 30, 1988 on the ground that the competent officer under the urban land (ceiling .....

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Apr 18 1963

Govind Ram Vs. Abdul Wahab

  • Decided on : 18-Apr-1963

Court : Rajasthan

Reported in : AIR1963Raj234

..... far as that view is concerned, i think it is opposed to the clear provisions contained in section 79 of the evidence act read with section 60 of the registration act. section 60(2) of the registration act provides that a certificate of registration shall be signed, sealed and dated by the registering officer and shall then be admissible for the purpose of proving that the ..... 67 because the executant and/or the marginal witnesses, are either dead or cannot be found that the courts have resorted to the presumption under section 60(2) of the registration act. it is, therefore, contended that in the case of a sale-deed which was executed as late as the 30th july, 1956, and where it was nobody's case that ..... to me to be a clear authority for holding that where a document has been registered, the certificate of registration which includes the signatures and admission, of the person admitting the execution of the document under sections 58 and 59 of the registration act 'is some proof of its execution.' in coming to this conclusion, the learned judges who decided that case were ..... document has been duly registered in the manner provided by this act and that the facts mentioned in the endorsement referred to in section .....

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Oct 22 1981

M.A. Admani and Ors. Vs. A. Admani and Ors.

  • Decided on : 22-Oct-1981

Court : Rajasthan

Reported in : 1981WLN(UC)526

..... relate is situate in a district in which, and if they have been executed on or after the date on which, act, no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely :-(a)....(b) other non-testamentary instruments which purportor operate to create, declare, assign, limit or ..... created, it is an entirely different thing to say that the right created cannot be enforced with out further steps. for the purpose of section 17(1)(b) of the registration act, all that we have to see is whether the award in question purports or operates to create or declare, assign, limit or extinguish whether in present or future any right ..... but those rights may not be enforceable for various reasons. section 17 does not concern itself with the enforcement of rights.section 17 and 49 of the registration act and section 17 of the arbitration act came up for consideration in ratan lal v. purshottam : [1974]3scr109 . satish kumar's case : [1969]2scr244 was noticed therein. it was held that where the terms ..... . a8 or by agreement ex. a9. it was held in satish kumar v. surinder kumar : [1969]2scr244 that an award given under the arbitration act on a private reference requires registration under section 17(1)(b) of the registration act, if the award effects partition of immovable property exceeding the value of rs. 100/- it was observed by hedge j. in para 19 as .....

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Dec 10 2013

Brahaman Swarnkar Samaj, Pali & Ors Vs. Shri Medh Kshatriya Swar. S.V ...

  • Decided on : 10-Dec-2013

Court : Rajasthan - Jodhpur

..... averments that as in the document dated 15.07.1968 there is a version relating to the property being joint, the same is 4 undervalued and requires registration under section 17 of the registration act, 1908 ('the act of 1908') and as the document has been undervalued and is unregistered, the same cannot be led in evidence and cannot be marked as exhibit; it ..... a district in which, and if they have been executed on or after the date on which, act no.xvi of 1864, or the indian registration act, 1866 (xx of 1866) or the indian registration act, 1871 (viii of 1871) or the indian registration act, 1877, (iii of 1877).or this act came or comes in to force, namely: (a) ....(b) other non-testamentary instruments which purport or ..... conclusion that the document only enumerates the rights of the parties and does not create, transfer, declare, limit or extinguish any right in immovable property and, therefore, registration under section 17 of the act of 1908 was not compulsory. the trial court further came to the conclusion that as only rights have been recorded in the said document, no provision has been ..... and both would be though entitled to spend money on the said 8 temples, would not claim the same from each other. the document to be compulsorily registrable under section 17(1)(b) of the act of 1908, it is necessary that the same should purport or operate to create, declare, assign, limit or extinguish whether in present or in future, any .....

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