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Judgment Search Results Home  Phrase:registration act  Court:rajasthan

Apr 21 1976

Balu Mal Vs. J.P. Chandani and Ors.

  • Decided on : 21-Apr-1976

Court : Rajasthan

Reported in : AIR1977Raj14

... 77 of the Registration Act praying for a decree directing registration, it was held by their Lordships of the Allahabad High Court that an order, given under Section 24 of the Registration Act. 1877 which was analogous to Section 25 of the Indian Registration Act, 1908 and in pursuance of the discretionary power allowed to the Registrar to accept documents for registration after ... registration within the time allowed by law and overruled his predecessor's order. In a suit filed under Section 77 of the Registration Act praying for a decree directing registration, it was held by their Lordships of the Allahabad High Court that an order, given under Section 24 of the Registration Act. 1877 which was analogous to Section 25 of the Indian Registration Act ... 87 of the Registration Act. Such a decision condoning the delay under Section 25 of the Registration Act, even if erroneous, cannot invalidate the registration of the document.27. In Durga Singh v. Mathura Das, (1884) ILR 6 All 460 an application for registration was presented before the Sub-Registrar after the expiry of the period allowed by law for registration, who ... Registration Act and if any error was committed by the District Registrar in the exercise of his discretion in that matter then the same would amount merely to a defect of procedure, which is curable under S. 87 of the Registration Act. Such a decision condoning the delay under Section 25 of the Registration Act, even if erroneous, cannot invalidate the registration ...

Nov 28 2000

Basant Nahata Vs. The State of Rajasthan and Ors.

  • Decided on : 28-Nov-2000

Court : Rajasthan

Reported in : 2001(1)WLC433; 2001(1)WLN226

... the Registration Act, which was introduced in the Registration Act by the Registration (Rajasthan Amendment) Act, 1976, which received the assent of the President on 16.2.1976.3. Section 22-A of the Registration Act reads as under:Documents registration of which is opposed to public policy:(1) The State Govt., may by notification in the official Gazette declare that the registration of ... General of Stamps & Registration, Ajmer issued a Circular (Annexure/5) to the Registering Authorities on 16.7.1999. The Notification Annexures 2, 3,and 4 have been issued by the State Govt. in exercise of the powers under Section 22-A of the Registration Act, which was introduced in the Registration Act by the Registration (Rajasthan Amendment) Act, 1976, which received ... compulsory registrable. A Court is not bound to presume its genuiness unless it is registered.14. Section 32 of the Indian Registration Act, 1908 (XXXVI) deals with the persons who can present a document for registration. Section 32 says, every document to be registered under this Act, whether such registration be compulsory, or optional shall be presented at the proper registration ... Registration Act. The first question that begs for an answer is that any act which is otherwise permissible by law other than Registration Act, in any particular manner, and is done in that manner, can it be subject matter of notification by the State Govt. under Section 22-A?. The answer must be in negative Section 17(1) of the Registration Act ...

Nov 18 1970

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

  • Decided on : 18-Nov-1970

Court : Rajasthan

Reported in : AIR1971Raj211; 1970(3)WLN626

... realising registration fee of Rs. 14/-., Ujarat Rs. 2/-total Rs. 16/-,Sd/- Ranjit Singh Sub-Registrar, Barmer.' 6. The Marwar Registration Act, 1934 which governs the case is almost identical with the Indian Registration Act. 1908. Sections 34, 35 and 36 of the Mar-war Registration Act run as ... Registration Act, 1934 which governs the case is almost identical with the Indian Registration Act. 1908. Sections 34, 35 and 36 of the Mar-war Registration Act run as follows:--'34. (1) Subject to the provisions contained in this part and in Sections 41, 43, 45. 69, 75. 77. 88 and 89 no document shall be registered under this Act ... Act to which we have referred to above. It Is not disputed 'that the registering officer acted in good faith. The question which arises in this case is whether the error committed by the registering officer is an error of procedure covered by Section 87 of the Registration Act or there has been a violation of a mandatory provision of the Act which renders the registration ... under Section 87 of the Act.43. We may mention here that as a result of the decision in Jambu Prasad v. Nawab Aftab Ali Khan, the Registration Act was amended by the addition of Section 23A which provides for re-registration of a document ... produced, it is open to the party objecting to the deed to contend (that there was an improper registration--that the terms of the Registration Act in some substantial respects have not been complied with. Undoubtedly it would be a most inconvenient rule if ...

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

... Sections 34 and 35, of 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 to see before registering a document, Briefly speaking, he has to see that the document is presented in the manner prescribed by the Registration Act and by a person authorised ... 3) or under any other provisions of Registration Act or any other law supplemental to the Registration Act. It is not the business of the Registering Officer to see whether a document is against any other law in force for the time being if the conditions prescribed for registration under Sections 34 and 35 of the Registration Act of supplemental law are satisfied. The ... 35(3), Registration Act, or under the provisions of any other law which has been definitely made supplemental to the Registration Act. It is not the business of the registering officer to see whether a particular document is against any other law in force for the time being if the conditions prescribed for registration under Sections 34 and 35, Registration Act or any ... , is overruled.25. Coming to the merit of the case, it will be apposite to examine the scheme of registration of documents envisaged under the Registration Act and Rules framed thereunder. It may be understood at the outset that the registration by itself neither creates any right nor affect any right, but is only envisaging procedure by which any document ...

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

... of the Jaipur Stamp Act, Sections 17(1) (b) and 49(c) of the Jaipur Registration Act, 1944, Section 49 of the Registration Act, 1908, Section 29 of the Jaipur Stamp Act along with Entry No. 13 of Schedule-I Section 91 of the Rajasthan Stamp Act, 1988 and Section 65 of the Evidence Act are as under:Section 2(14) of the Indian Stamp Act, 1899:2( ... the said Act is in force in the State of Rajasthan. In such circumstances, the counsel for 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. ... 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 State of Jammu and Kashmir by Act No. 3 of 1951. Presently also, the said Act is ... Stamp Act, 1899 of the definition of instrument, Section 3(12) of the Jaipur Stamp Act, Sections 17(1) (b) and 49(c) of the Jaipur Registration Act, 1944, Section 49 of the Registration Act, 1908, Section 29 of the Jaipur Stamp Act along with Entry No. 13 of Schedule-I Section 91 of the Rajasthan Stamp Act, 1988 and Section 65 of the Evidence Act are ...

Jul 30 1984

Raj Construction Co. Vs. Additional Commissioner of Income-tax

  • Decided on : 30-Jul-1984

Court : Rajasthan

Reported in : (1985)49CTR(Raj)348; [1986]157ITR734(Raj)

... that in our opinion was a requisite for registration of the partnership under Section 26A of the Act and as that was wanting, registration was rightly refused.'13. Their Lordships were further pleased to observe that (p. 228):'Registration under Section 26A of the Act confers a benefit on the partners which ... specified in the instrument of partnership. The relevant provision of Section 184 of the 1961 Act read as under :'184. Application for registration.--(1) An application for registration of a firm for the purposes of this Act may be made to the Income-tax Officer on behalf of any firm, if- (i ... Act, 1932. The question for consideration before their Lordships of the Supreme Court was whether the firm was entitled to registration under Section 26A of the 1922 Act. The principle enunciated in the case was that the Income-tax Officer before allowing the application for registration under Section 26A of the Indian Income-tax Act ... of their Lordships of the Andhra Pradesh High Court in that case that the trend of legislation governing the registration of firms for the purpose of Income-tax Act is that the registration should not be refused to genuine firms on technical grounds. Reference has been made to the various ... 27, 1966. The firm filed an application in Form No. 11 for the aforesaid assessment year for registration under Section 184 of the Income-tax Act (hereinafter to be referred as 'the Act'). The Income-tax Officer (for short 'the ITO') was of the view that the shares of ...

Apr 22 1996

Addl. Commissioner of Income-tax Vs. Hassan Chand and Sons

  • Decided on : 22-Apr-1996

Court : Rajasthan

Reported in : [1997]224ITR244(Raj)

... a firm is not registered under the Indian Partnership Act, 1932, or where the deed of partnership is not registered under the Indian Registration Act, 1908, and the application for registration is being made for the first time under the Act, the application was required to be filed ( ... not registered under the Indian Partnership Act, 1932 (IX of 1932), or where the deed of partnership is not registered under the Indian Registration Act, 1908 (XVI of 1908), and the application for registration is being made for the first time under the Act, (i) within a period of ... the Indian Partnership Act, 1932 (IX of 1932), or where the deed of partnership is registered under the Indian Registration Act, 1908 (XVI of 1908), before the end of the previous year of the firm, and (c) where the application is for renewal of registration under rule ... Act, the return was filed after coming into force of the Act of 1961 and such return was to be processed as per the provisions of the Act of 1961. The Income-tax Officer appears to have completed the assessment as per the provisions of the Act of 1961 but dealt with the registration application as per the provisions of the Act ... Act of 1922 and Rule 2 of the Rules framed under that Act, the return was filed after coming into force of the Act of 1961 and such return was to be processed as per the provisions of the Act of 1961. The Income-tax Officer appears to have completed the assessment as per the provisions of the Act of 1961 but dealt with the registration ...

Apr 22 1996

ADDITIONAL COMMISSIONER OF INCOME TAX Vs. HASSAN CHAND & SONS.

  • Decided on : 22-Apr-1996

Court : Rajasthan

Reported in : (1996)133CTR(Raj)284

... that where a firm is not registered under the Indian Partnership Act, 1932 or where the deed of partnership is not registered under the Indian Registration Act, 1908 and the application for registration is being made for the first time under the Act, the application was required to be filed (1) within a ... firm is not registered under the Indian Partnership Act, 1932 (IX of 1932) or where the deed of partnership is not registered under the Indian Registration Act, 1908 (XVI of 1908) and the application for registration is being made for the first time under the Act,(i) Within a period of six ... registered under the Indian Partnership Act, 1932 (IX of 1932) or where the deed of partnership is registered under the Indian Registration Act, 1908 (XVI of 1908) before the end of the previous year of the firm, and(c) Where the application is for renewal of registration under r. 6 for ... Act, the return was filed after coming into force of the Act of 1961 and such return was to be processed as per provisions of the Act of 1961. The ITO appears to have completed the assessment as per provisions of the Act of 1961 but dealt with the registration application as per provisions of the Act ... Act of 1922 and r. 2 of the Rules framed under that Act, the return was filed after coming into force of the Act of 1961 and such return was to be processed as per provisions of the Act of 1961. The ITO appears to have completed the assessment as per provisions of the Act of 1961 but dealt with the registration ...

Jan 24 2006

Sukhdev Singh Vs. Baxis Singh and Anr.

  • Decided on : 24-Jan-2006

Court : Rajasthan

Reported in : RLW2006(2)Raj1036

... which registration is compulsory.-(1) The following documents shall be registered, if the property to which they 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 ... 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 contracts to transfer for consideration, any immovable property for the purpose of Section 53A of the Transfer of Property Act ... Act.18. In order to consider the submissions of the rival parties, it would also be relevant to consider the concerned Section 49 of the Registration Act, 1908. Section 49 of the Registration Act is reproduced hereinbelow:49. Effect of non-registration of documents required to be registered.-No document required by Section 17 or by any provision of the Transfer of Property Act ... Registration Act is most relevant. The relevant portions whereof read as under:17. Documents of which registration is compulsory.-(1) The following documents shall be registered, if the property to which they 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 ...

Feb 20 1953

Jeewan Ram Vs. State of Rajasthan and Anr.

  • Decided on : 20-Feb-1953

Court : Rajasthan

Reported in : AIR1954Raj53

... registration of a document. We are of opinion that under Section 74(b) the Registrar has only to consider the provisions of the Registration Act or such other law which may be supplemental to the Registration Act. What law can be called supplemental to the Registration Act will be clear from an illustration. Section 4, T. P. Act specifically provides that certain provisions of the Transfer of Property Act ... . 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 presented in the manner prescribed by the Registration Act and by a ... Registration Act. What law can be called supplemental to the Registration Act will be clear from an illustration. Section 4, T. P. Act specifically provides that certain provisions of the Transfer of Property Act, as for example Section 54, paras. 2 and 3, Section 59, Section 107, and Section 123, shall be read as supplemental to the Indian Registration Act. ... ), Registration Act, or under the provisions of any other law which has been definitely made supplemental to the Registration Act. It is not the business of the registering officer to see whether a particular document is against any other law in force for the time being if the conditions prescribed for registration under Sections 34 and 35, Registration Act ...

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