CiteTEXT
..., having regard to the provisions of Section 49, Registration Act?
8. If Damodar's interest in the...Section 49, Registration Act. The Registration Act, Section 49, makes documents which are compu...Section 17, T.P. Act, not only for purposes of amending Section 17 but also for purposes of reading Section 49, Registration Act, as applicable to ...
...Section 107 of the Transfer of Property Act, 1882 (“the TP Act”, for short) and Section 17 and Section 49 of the Registration Act, 1908 (“the Registration Act”,...contained in Clause 35 could not be termed as a collateral transaction, and therefore, the proviso to Section 49 of the Registration Act would not assist the appellant. The said order is challenged...Registration Act, 1908, sets out the effect of non-registration of documents required to be registered. The said section is extracted below:“49. Effect of non...
...duly stamped."
The provisos do not apply in this case. Section 49, Registration Act.... Section 35, Indian Stamp Act, 1899, provides:
"No instrument chargeable with duty shall be ad...unnecessary to consider the effect of this section because the documents in question not being stamped, the wider prohibition contained in the Stamp Act applies, and the learned Judge rightly excluded the...
...section 17, Registration Act, and not so registered cannot be proved by the written document (see ...section 17(1)(b) and (c) of the Indian Registration Act. If so the receipts did not affect the immovable property sold. Those receipts were not provable by oral evidence...agreement there seems no reason why the intent to create a security by deposit of title deeds under the exception provided for in section 59, T.P Act, should not be evidenced...
...:--
"The combined effect of
Section 91, Evidence Act and Section 49, Registration Act is only to shut out all ev...disposition of property.
Section 49(c), Registration Act, prohibits the use of unregistered documents in any legal proceeding in which such a document is sought to be relied upon...Section 49, Registration Act, says that a document though unregistered deed of partition is no doubt not admissible to prove the te...
...), Registration Act, and could not be used as evidencing the agreement of lease itself referred to therein owing to the prohibition of Section 49(c) might still be used for the.... Section 49, Registration Act, in so far as it is material runs thus :
No ...a single cransaction or may properly be said to contain two.
12. My view of Section 49(c), Registration Act, is this. It prohibits the use of an...
....(VI) Since, admittedly, the lease agreement was not registered, which document under Section 49 of the Registration Act was required to be registered.... He further contended that since the lease agreement in question was not required to be registered, the prohibition contained in Section 49 of the Registration Act was not applicable. He also contended...purpose” and accordingly, the lease agreement could be looked into under the proviso to Section 49 of the Registration Act and also that the said term did not extinguish the tenant's right under the Act...
...:— The mortgage not being registered could not (Section 49 Registration Act) be admitted in evidence of a transaction...registration and could not therefore effect any immoveable property comprised in it, nor could it be admitted in evidence of a transaction affecting such property. The Deputy Commissioner has overlooked the...
...shall not be attracted. Reliance in this behalf has been placed on the proviso appended to Section 49 of the Registration Act as also on the decision of this Court in...Amrendra Pratap Singh v. Tej Bahadur Prajapati (2004) 10 SCC 65.) The Registration Act, 1908 provides for such a contingency in terms of the proviso appended to ...Section 49 of the Registration Act. Section 17 of the Registration Act deals with documents, the registration of which is compulsory and Section 49 is concerned...
...not exceed five years and the annual rents reserved by which do not exceed fifty rupees.”12.2. Section 49 of the Registration Act, 1908“49. Effect of non-...rights in immovable property have accrued to the parties as envisaged under Section 17 of the Registration Act and which makes these document...the same is not registered, it becomes an inadmissible document as envisaged under Section 49 of the Registration Act...
...whether an unregistered agreement of sale can be seen for collateral purposes under the proviso to Section 49 of the Registration Act, 1908.4. The Trial Court based its...Section 49 of the Registration Act.(ii) Yet, such unregistered document can be used by way of collateral evidences provided in the proviso to the Section 49 of the...Registration Act.(iii) For effecting with the collateral transaction, whose registration is required by law should be free from the transaction or be divisible from that...
...held that in view of the provisions of Section 107 of Transfer of Property Act, Sections 17 and 49 of Registration Act, the three unregistered lease deeds cannot be admitted in e...provisions contained in Section 107 and Section 53-A of Transfer of Property Act, 1882, Section 17(1)(d) and Section 49 of the Registration Act, 1908, ...reserving a yearly rent".
Section 49 of Registration Act:
" No document required by...
...Section 106 of the Act, the suit as framed was not maintainable. They further pleaded that the unregistered draft lease agreement Ex. B-2 was inadmissible for want of registration under Section 49 of...admissible for the collateral purpose of proving the term of the subsequent lease under the proviso to Section 49 of the Registration Act, 1908. It is further urged that the defendants after the expiry of...inadmissible in evidence under Section 49 of the Registration Act, except for the collateral purpose of proving the nature and character of possession of the defendants. The document Ex. B-2 was admissible...
...Section 49, Registration Act, a document, which is compulsorily registrable, if not registered, cannot be received as evidence of...T.P. Act, 1929, and the amended Registration Act, 1929.
2. Before the amendment, Section 17(6), Registration Act, 1908, made .... (amendment) Supplementary Act, 1929, the words "and an award" have been deleted from the section in the registration act. The result therefore is that an award is no longer excepted and if it...
...) (b), Registration Act, as it has dealt with title to immovable property worth more than Rs. 100.
11. Section 49(c), Registration Act, preven...ignored the award in view of Section 49, Registration Act. For the reasons given above, we cannot also accept the....
10. By reason of the exception contained in Sub-section (2), Clause (vi) of Section 17, Registration Act, an award did not before 1929 require...
...are of the opinion that having regard to the proviso to Section 49 of the Registration Act, 1908 (for short “the 1908 Act”), the trial court erred in not admitting the unregistered sale deed dated 27...compulsory registration. Part X of the 1908 Act deals with the effects of registration and non-registration.11. Section 49 gives teeth to Section 17 by providi.... A document required to be registered, if unregistered is not admissible into evidence under Section 49 of the Registration Act.2. Such unregistered document ...
...provisions of Clauses (a) and (c) of Section 49 of the Indian Registration Act, 16 of 1908. There is of course no proviso to ...Section 49 of the Indian Registration Act to the effect that an unregistered document may be looked at as evidence of any collater...Indian Registration Act, 5th Edition (p. 186). Therefore, whether the proviso to Section 49 is retrospective in operation or not, the law contained therein was always held to have govern...
...provisions of Section 49, Registration Act, and consequently he reversed the trial Court and dismissed the claim in its entirety. ...properly registered and that being so, Section 49, Registration Act, applies to it. That section is in these terms...required registration by reason of Section 17(1), Registration Act, and Section 28 of the same Act provides that every document mentioned in certain...
...Section 17(1)(b). Registration Act and having had not been registered, it cannot be admitted in evidence in proof of the recital, notwithstanding the proviso to section 49 of tha...tenancy and although it fell within the mischief of Section 17. Registration Act, it was not registered. The Bombay High Court held that ...Act. It was also held that Section 49, Registration Act is applicable to all documents which are required to be...
...pressed into service for a collateral purpose within the meaning of the proviso to Section 49 of the Indian Registration Act?2. Whether, in the instant...writing and possession is delivered thereunder, are not compulsorily registerable instruments.8. Section 49 of the Registration Act prohibits receiving in evidence certain types of docume...possession is delivered thereunder to a tenant, is not a compulsorily registerable instrument and, therefore, the prohibition contained in Section 49 of the Registration Act is inapplicable. Therefore...