Skip to content

Filter by :

Search Results Judgments > Act: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

... 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 ...

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

... 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) Act, 1976 to the Competent Authority intimating about the said proposed sale. It did not exercise option to purchase the said land as provided under Section 26(2) of the aforesaid Act. The ... its registration and deposited the requisite registration charges through the receipt Annexure-1. The Sub-Registrar summoned the executant (Rajesh Lodha) for September 15, 1987, he appeared before him and admitted the execution of the sale-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). ... 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, 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 J.D. Pathak ... Act that a registered document operates from the date of its execution and not 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 ...

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 03 2006

Prakash Chaturvedi and Anr. Vs. State of Rajasthan and Anr.

  • Decided on : 03-Jul-2006

Court : Rajasthan

Reported in : RLW2006(3)Raj2424; 2006(4)WLC515

... Ad- Rajasthan Societies Registration Act,hiniyam, 1973 (No.44 of 1973) 1958: (Rajasthan Act No.28 of 1958) or(ii) any Public Trust; or the Societies Registration Act, I860(iii) a Company registered under Sec- (Central Act No.2! of 1860); orlion 25 of the Companies Act, 1956 (No. (ii) any Pubiic Trust registered under the1 o( 195(i): Rajasthan Public Trusts Act, 1959 (Act(c) 'Statute ... ; or the Societies Registration Act, I860(iii) a Company registered under Sec- (Central Act No.2! of 1860); orlion 25 of the Companies Act, 1956 (No. (ii) any Pubiic Trust registered under the1 o( 195(i): Rajasthan Public Trusts Act, 1959 (Act(c) 'Statute means a Statute of the Uni No. 42 of 1959) or the Indian Trus, Act,versity: 1882 (Central Act No. 2 of ... viz; Ritnand Balved Education Foundation is the Society registered under the Societies Registration Act. The said Society is running several institutions of education/higher education throughout the Country. It is averred that the said applicant under the individual Act of State Legislature of U.P. Known as 'Amity University Act, Uttar-Pradesh' established the University with its main campus at Gautam Budh ... as to other Provisions of Rajasthan Act of 2005:46. It is next contended that at all stages envisaged by the impugned Act except for a few exceptions, the University is more or less an administrative endeavour of the sponsoring body and will be in the hands of a society registered under the Societies Registration Act, a Trust or a Company which ...

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 ...

Nov 02 1962

Bachh Raj Vs. Sunder Mal and Ors.

  • Decided on : 02-Nov-1962

Court : Rajasthan

Reported in : AIR1963Raj119

... registrable under the provisions of Section 17(1)(b) and (c) of the Marwar Registration Act, 1934. He also invited our attention to Sub-section (2) Clause (7) where a patta granted by the Government for immovable property was exempt from registration and emphasised that a patta granted by the jagirdar is not exempt from registration. Then referring to Section 49 of the Registration Act ... registration does not arise. The position with regard to the cases dealt in the principle No. 4 above which involves a transfer of land, requires a further examination. At this stage, it will be useful to refer to the fact that up to March, 1949 the Transfer of Property Act ... Act requiring that a transfer in the form of a sale of tangible immovable property in the value of Rs. 100/- or above can be made only by a registered instrument. Oral sales of immovable properties were permissible under the law in force in the former Jodhpur State. The law relating to registration ... Act before the issue of patta, a patta cannot invariably be taken as a title deed or a document creating rights in respect of immovable land. In the cases mentioned in principles Nos. 1 to 3 stated earlier, a patta can never be treated as a title deed or a document creating rights in immovable property and, therefore, the question of registration ... force in the former Jodhpur State. The law relating to registration has no bearing on this aspect of the case, as the law of registration, as it is well settled, affects only the documents ...

Feb 07 1995

State of Rajasthan and Anr. Vs. Vishnu Lal

  • Decided on : 07-Feb-1995

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 ...

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 ...

Nov 27 2000

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

  • Decided on : 27-Nov-2000

Court : Rajasthan

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

... 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 ... 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 ... 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 required to be stamped necessarily. Under Stamp Act a remission is operating on transfer of properties ... 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 ... 1994. The respondents thus while seeking to value those properties which were extraneous to the five documents lodged for registration are in fact seeking to re-write the documents presented for registration which is not permitted in law'.We are in respectful agreement.(52). The same view was taken in Mohd ...

Nov 21 1989

State of Rajasthan Vs. Jeo Raj and Anr.

  • Decided on : 21-Nov-1989

Court : Rajasthan

Reported in : AIR1990Raj90; 1989(2)WLN550

... Ganganagar under Section 57, Registration Act. As such they were also admissible under Section 57(5) of the Registration Act.10. Section 51A, Land Acquisition Act, as amended by Land Acquisition (Amendment) Act, 1984, runs as under: --'51-A. Acceptance of certified copy as evidence. -- If any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908 (16 of ... 5) of the Registration Act.10. Section 51A, Land Acquisition Act, as amended by Land Acquisition (Amendment) Act, 1984, runs as under: --'51-A. Acceptance of certified copy as evidence. -- If any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908 (16 of 1908), including a copy given under Section 57 of that Act, may be ... bound to consider any change, either in fact or in law, which has supervened since the judgment was entered.' The Rajasthan Land Acquisition Act, 1953 stood repealed by the Land Acquisition (Amendment) Act, 1984 (Central Act No. 68 of 1984) with effect from September 2-4,1984. This is also clear from the statement of Objects and Reasons ... Ganganagar calculated compensation @ Rs. 4,775/- per bigha by its award dated October 15, 1976. Aggrieved with his awards, claimants moved applications under Section 17 of the Rajasthan Act for making references to the District Court, Sri Ganganagar. Accordingly, references were made to the District Court, Sri Ganganagar. Subsequently, they were transferred to the Civil Judge, ...

Get Latest cases on this phrase via RSS

RSS feed
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //