...for the appellant that there was violation of Section 17 of the Registration Act, 1908. In this connection, it may be noted that Section 17(2)(vi) of the Registration ...(2008) 13 SCC 102, (2008) 9 Scale 215 insofar as the interpretation to the exception in clause (vi) of Section 17(2) of the Registration Act i...registration. This seems to be the plain meaning of clause (vi) of Section 17(2) of the Registration Act.9. It is a well-settled principle of interpretation that th...

...registration and that the decree itself did not require registration in view of Section 17(2)(vi) of the Registration Act. Thus, the substantial question of law formulated was answered in...Council, that by virtue of Section 10 of the Transfer of Property (Amendment) Supplementary Act, 1929, which came into force on 1-4-1930, clause (vi) of Section 17(2) of the Registration ...subject-matter of the suit or if the compromise did not take in any property outside the subject-matter of the suit. (See Mulla on Registration Act, 10th Edn.)12. On a plain reading of Section ...

...required to be registered in view of what has been stated in clause (vi) of sub-section (2) of Section 17 of the Registration Act, 1908. The learned Judge of the High Court did not agree to this c...immovable property which was subject-matter of the suit, Section 17(2)(vi) of the Registration Act did exempt the decree from registration. It was, therefore, held that the compromise decree in qu...court for making necessary mutation. In such a case the memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of Section 17(2) of the ...

...dissolution of the partnership firm requires registration under Section 17 of the Registration Act, 1908.2. Briefly the facts are that a partnership firm was constituted.... The said case is clearly distinguishable. It need not detain us from concluding that the award in the present case did not require registration under Section 17(1) of the Registration Act. The appeals ar...award amounts to creation of or transfer of any fresh rights in movable or immovable properties so as to bring it within the ambit of Section 17 of the Registration Act. A perusal of the award shows...

...in derogation of Section 17 (2)(xii) of the Registration Act read with Rule XXI Order 94 of CPC. The Division Bench of the High Court formulated the following question of law for...not a compulsorily registrable document in lieu of Section 17(2)(xii) of the Registration Act, the transfer of title in favour of the auction purchaser would not be vitiated on.... Section 17(2)(xii) of the Registration Act, 1908 specifically provides that a certificate of sale granted to any purchaser of any property sold by a public 6...

...present appeal is in respect of other land which was not the subject-matter of suit in the civil court under Section 17(2)(vi) of the Registration Act the compromise decree which related to the subject...-matter of the suit and therefore the decree required registration under Section 17(2)(vi) of the Registration Act, 1908.6. The only question in the present appeal is ...compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between the family members requires compulsory registration in terms of Section 17(2)(vi) of the ...

...155. 23.07. 2018 W.P. 8003 (W) of 2015 Sk. Nuruddin & Ors. Versus The Kolkata Municipal Corporation & Anr. Mr. Gopal Chandra Ghosh Mr. Debayan Sinha Ms. Jayeta Kaunda for the petitioners. Mr. Ambarnath Banerjee Mr. Gopal Chandra Das for the Kolkata Municipal Corporation An order dated January 21, 2012 of the corporation negating the request for mutation is under challenge in the present writ petition. Learned advocate for the petitioners submits that, the petitioners applied for mutation on the basis of a sale certificate in respect of an immovable property. The petitioners had participated in a sale conducted by the Court. It had purchased the immovable property from the Court. A sale certificate was issued by the Court in favour of the petitioners. On the basis of such sale certificate, the petitioners had applied for mutation. The Kolkata Municipal Corporation authorities have negated such claim for mutation. Learned advocate appearing for the petitioners relies upon 2007 Volume-V Supreme Court Cases Page- 745 (B. Arvind Kumar Versus- Government of India & Ors.) and submits that, a sale certificate issued by the Court vests title to the property on the purchaser without such document being registered under the Registration Act, ...

...appellant that by reason of Section 17(2)(xii) of the Registration Act the transfer deed is exempted from registration being a certificate of sale granted to the purchas...Section 89 of the Registration Act, does not include a sale by the Official Receiver which is nowhere there provided for. Therefore, the tra...Section 2(d) of the Transfer of Property Act, which exempts from the provisions of the Act any transfer by operation of law or by or in execution of, a decree or order of a Court of compe...

...1. Appellant's suit for specific performance of a contract though decreed by the Munsiff was reversed by the Sub Judge.2. Plaintiff sold the property to the defendant for a consideration of Rs. 2,300/- as per Ext. B2 dated 24-2-1973. It is the case of the plaintiff that the sale deed was executed on condition that the property should be resold to the plaintiff within a period of one year on payment of Rs. 3,250/- and that along with the execution of the sale deed a separate agreement was also entered into between the parties. The suit was resisted by the defendant contending that when he went to the Sub Registry Office for getting the sale deed executed in his favour the plaintiff demanded some more amount, that he was not agreeable to pay the same, that the plaintiff asked him whether he was prepared to re-sell the property within one year, that he replied that he would consider it later, that as a condition precedent for executing the sale deed the plaintiff insisted that he should execute a document expressing his readiness to re-sell the property within a period of one year and that for the sake of getting the sale deed executed in his favour he had agreed to execute a separate agreement. Defendant asserted that the agreement was not executed with his free will and that the parties never intended to act upon the same.3. Ext. A2 is the agreement. Execution of Ext. A2 is admitted by the defendant. But his c...

...S.B Sinha, J.— Leave granted.2. Application of Section 17(2)(vi) of the Registration Act, 1908 (for short “the Act”) in the facts and ci...purview of exception contained in clause (vi) of sub-section (2) of Section 17 of the Act. If a compromise is entered into in respect of an immovable property, comprising other than that which was the subj...Section 17 of the Registration Act, particularly, in the context of clause (vi) of sub-section (2) in the background of the legislative history, it cannot be said that a decree based on admission ...

...within Section 17(2)(11), Registration Act, and need not have been registered. 2. Without discussing on this occasion the question whether all endorseme...payment on mortgage-deeds are exempt from registration or only those which do not purport to extinguish the mortgage we find in this case that the endorsement does not on its face purport to...

...that the mandate of law in terms of Section 17(2)(xii) read with Section 89(4) of the Registration Act, 1908 only required the authorised officer of the Bank under the Sarfaesi Act to han...”).2. The Chief Metropolitan Magistrate passed an order under Section 14 of the said Act on 24-2-2019 qua handing over possession of secured assets to Canara Bank in respect of an immo...the SA filed by the borrower under Section 17 of the said Act after giving opportunity to all concerned that order be transmitted to the High Court.7. The appellant borrower...

...under the SARFAESI Act and Rules of 2002 needs no registration in view of the provision contained in Section 17(2)(xii) of the Registration Act. Reliance has be...that the sale-certificate issued by the Authorized Officer of the IDBI Bank, is not covered under Section 17(2)(xii) of the Registration Act but is a document falling under...question as to whether the term 'Civil or Revenue Officer' referred in Section 17(2)(xii) of the Registration Act includes Authorised Officer of Bank exercising powers of the...

...sale certificate. But, after considering the relevant provisions in the Registration Act, 1908, we are not in agreement with the conclusion arrived ...17 sets out the documents to which clauses (b) and (c) of sub-section 1 of Section 17 do not apply. Clause (xii) of sub-section 2 of ..., after referring to Section 17(2)(xii) of the Registration Act, held that when a property is sold in public auction in pursuance of an order of the Court and the bid is...

...i.e, Ex. P.1 did not at all confer any title because it was not registered as required by section 17 of the Indian Registration Act.2. The counsel for the applicant emphasises that it...and the finding which suffers from no error should be altered.6. The counsel for the applicant urges that the sale certificate Ex. P. 1 is hit by section 17 (2) of the .... 1 was issued was competently sold through public auction by the Competent Officer in exercise of the powers given by section 10 of the Act.7. Section 17 (2) clause XII of the ...

...and 49 of the Transfer of Property Act and Section 17 of the Registration Act. It is pertinent to note that the Full Bench did not consider the applicability of Section .... 17 of the latter Act - we consider it unnecessary to deal with the controversy and express our views on the true scope and ambit of S. 17 of the Indian Registration Act, 1908”.5. Thus, the...the Registration Act applies in this case. If Section 17(2)(vi...

...referred to as “the trial court”), whereby the trial court has dismissed the application of the petitioner under Section 35 of the Stamps Act read with Section 17 (2) of the ...the respondent-plaintiff had sought to produce on record the agreement dated 23.10.2009 which was neither registered under the provisions contained in the Registration Act nor was duly stamped as...required under the Stamps Act. It is needless to say that in view of Section 35 of the Stamps Act, any document which is required to be stamped under the Stamps Act, has not been duly stamped, cannot be...

...Indian Registration (Amendment) Act, 1927 (Act 2 of 1927) which has come into force from the 18th February 1927, By this Act there has been added to ...embodied in the document No. 387 dated the 1st of September 1918, printed at page 155 of the paper book, required to be registered. 2. The paper book mentioned is the printed record of...immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the...

...law that the proviso under Section 23 of the Registration Act is only directory in nature and not mandatory in respect of the decree passed by the Court. The decree passed by the Civil Court is not compulsorily registrable ...the Registration Act is an exception to Section 17(1...Section 17(1) of the Registration Act. 5. Therefore, a party cannot be compelled to get the document registered when there is no obligation cast upon the party to register...