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Nov 27 2000 (HC)

State of Rajasthan Vs. Bhilwara Spinners Ltd. and ors.

Court : Rajasthan

Reported in : AIR2001Raj184; 2001(4)WLC14; 2001(2)WLN536

..... was not in accordance with the provisions of law because as per provisions of sec. 17 of the indian registration act as well as sec. 56 of the transfer of properties act if immovable property having value of rs. 100 and more is transferred then the same can be done only ..... taken in mohd. hussain vs. district registrar (14) wherein it has been held that it is only the instrument that is presented for registration that should be charged with the stamp duty. the authorities cannot look into the various documents that are connected with it with a view ..... of the companies concerned when the question arises which dealing with question whether such properties validly vested in bsl.(42). moreover, the requirement of registration and payment of stamp duly are two different requirements. it is not necessary whether a document is required to be necessarily registered is also ..... assets in the value of the properties mentioned in the five documents lodged for registration have gone beyond the documents presented for registration in complete disregard of the charging sec. 3 of the indian stamp act as adopted in the state of rajasthan. list of assets which were transferred separately ..... by delivery of possession on 1.12.1993 was made over to the respondents on or about 4th october, 1994. the respondents thus while seeking to value those properties which were extraneous to the five documents lodged for registration .....

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Jan 24 2006 (HC)

Sukhdev Singh Vs. Baxis Singh and anr.

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 25 2003 (HC)

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

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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Feb 07 1995 (HC)

State of Rajasthan and anr. Vs. Vishnu Lal

Court : Rajasthan

Reported in : AIR1995Raj206; 1995(1)WLN251

..... statutory rules and have been framed in exercise of powers conferred on the government under section 33 of the rajasthan nurses mid wives, health visitors and a.n.m. registration act, 1964 (rajasthan act no. 9 of 1964) wherein certain qualifications for admission have been prescribed and they are as follows : '5. qualification - (1) a candidate for admission to the course shall possess .....

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Sep 11 1990 (HC)

Smt. Kishni Devi Vs. the State of Rajasthan and ors.

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 11 1991 (HC)

Radheyshyam and ors. Vs. State

Court : Rajasthan

Reported in : AIR1992Raj12; 1991(2)WLN481

..... (supra) the petitioner was a student of arts. it was held by this court that the relevant provisions of the rajasthan nursing, midwives, health visitors and auxiliary, nurses and midwives registration act, 1964 as well as the regulations framed therein nowhere provide that it will be compulsory to have science subjects before admission is given in this course, therefore, in both above .....

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Feb 20 1953 (HC)

Jeewan Ram Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1954Raj53

..... order to decide whether a document can be registered or not. that provision only requires the registrar to consider whether the provisions of the registration act or of such other acts in which there are provisions supplemental to the registration act have been complied with. it is no part of the registrar's duty to see that other laws are complied with before the document ..... available to the applicant, and he has not availed himself of the same. this remedy, it is said, was by way of an appeal to the registrar under section 72, registration act.4. the order of the sub-registrar, dated 3-5-1952 proceeds on the ground that notification no. 108 read with notification no. 66 mentioned above forbids sale of such ..... part of the duty of the sub-registrar to go outside the powers conferred on him under ss. 34 and 35, registration act and such provisions of other laws which have been made definitely supplemental to the registration act. sections 34 and 35. registration act provide what a registering officer has tosee before registering a document. briefly speaking, he has to see that the document is ..... from registering documents which contravene this notification.7. we are, therefore, of opinion that the applicant had another remedy open to him by way ofappeal under section 72, registration act, and that ashe did not avail himself of that remedy which wasequally beneficial, convenient and effective, we arenot prepared to exercise our extra-ordinary jurisdiction under article 226 of the .....

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Jul 14 2000 (HC)

Manav Hitkari Sangh Vs. Rajkumar Singh

Court : Rajasthan

Reported in : (2002)IVLLJ809Raj; 2001(1)WLC618

..... under order 39 rules 1 & 2 cpccpccpc filed by the plaintiff-respondent.(2). manav hitkari sangh petitioner (defendant) is a charitable society duly registered under the rajasthan societies registration act, 1958. as per its alms and objects, the petitioner society, has benevolent object so as to render services to the mankind more particularly in the field of homeopathic medicine. ..... validity of impugned order of termination of the plaintiff services which have been dispensed with without due process of law and in violation of sec. 12 of the rajasihan societies registration act, under which a society duly registered is a statutory body and bound to follow the principles of natural justice before dispensing with services of its employees, inasmuch as the ..... creation and abolition of the posts. moreover, from a bareperusal of its bye laws, it is crystal clear that though the petitioner society is registered under the rajasthan societies registration act, 1958 but it is totally private institute having its own funds for survival and is thus wholly dependent upon the donation received from the donors or the patients. no ..... in revisional jurisdiction.(23). shri babulal gupta learned counsel for the plaintiff referred to the provisions of sec. 12 of the societies registration act which have been relied upon by the appellate court as well. sec. 12 of the aforesaid act reads as under:-'12. societies enable to alter, extend, or abridge their purposes -whenever it shall appear to the governing .....

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Jun 10 2004 (HC)

The Coordinator of All India Engineering/Pharmacy/Architects Entrance ...

Court : Rajasthan

Reported in : RLW2005(3)Raj1700; 2005(1)WLC387

..... citizens to practice any profession, or to carry on any occupation, trade or business is not available to bits, pilani since it is a society registered under the societies registration act and is not a citizen. therefore, bits pilani cannot complain of violation of article 19(1)(g) of the constitution. we are fortified in this view by the ..... short 'bits, pilani'), the first respondent herein (the sole petitioner in the writ petition).2. on may 13, 1964, the first respondent was registered under the rajasthan societies registration act, 1958. thereafter on june 27, 1964, within a period of less than a months, the central government by a publication in the official gazette declared the first respondent as ..... respectively. in the circumstances, therefore, we do not find any fault with the system of all india engineering entrance examination prescribed by the regulations framed under the ugc act.68. the learned senior counsel for the first respondent argued that certain professional/technical institutions have been exempted from following the joint entrance examination system. according to him, ..... a deemed university under section 3 of the university grants commission act, 1956 (for short 'ugc act').3. the first respondents, bits, pilani, as a deemed university, offers admissions to 17 degree programmes, which include all engineering subject, namely, chemical, civil, mechanical, .....

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Feb 02 1971 (HC)

Ramdayal and ors. Vs. Bhanwarlal and ors.

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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