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...provisions of Section 17, Registration Act. It is therefore argued that Section 4, T.P. Act, ...
...duly stamped."
The provisos do not apply in this case. Section 49, Registration Act, provides.... 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...
...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...respondent and whether an arbitrator should be appointed?Re: Question (i)10. Section 17(1)(d) of the Registration Act and Section 107 of the TP ...
...:--
"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...
...:— 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...
...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...
...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, ..., 1866 (XX of 1866), or the Registration Act, 1871 (VII of 1871), or the Indian Registration Act, 1877 (III of 1877), or this Act came or comes into force, namely: --
(a) ******...
...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....”13. Section 17(1)(b) of the Registration Act mandates that any document which has the effect of creating and taking away the rights in respect of an immovable propert...rights in immovable property have accrued to the parties as envisaged under Section 17 of the Registration Act and which makes these document...
...) (b), Registration Act, as it has dealt with title to immovable property worth more than Rs. 100.
11. Section 49(c), Registration Act, preven....
12. As the award is inadmissible in evidence by reason of the provisions of Section 49, Registration Act, o...ignored the award in view of Section 49, Registration Act. For the reasons given above, we cannot also accept the...
....(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...
...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...
...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...
...filed, these enactments were in force.4. Under the Nawanagar State Registration Act, the sale dead required to be compulsorily registered. The consequences of non-registration are stated in Section ...Indian Registration Act, 16 of 1908. There is of course no proviso to Section 36 similar to the proviso which was added to Section...Property Act, and the learned Judicial Commissioner refused to follow the rule laid down in proviso to Section 49 of the Indian ...
...view of the law as appearing in Section 91, Evidence Act, and Sections 17 and 49, Registration Act, we do not think it necessary to refer particularly to those cases.
..., then where the value of the subject-matter was Rs. 100 or upwards, by Section 17, Registration Act, registration was compulsory. ..., by virtue of Section 49, Registration Act, be rendered inadmissible in evidence.
21. But, ex...
...transfer an interest in immovable property of the value of over Rs. 100 and as such to be precluded by Section 49, Registration Act.... Section 49, Registration Act and that consequently without registration such a document could not be used in any legal p...that in those circumstances it required registration for it fell within the mischief of Section 49, Registration Act. It...
...Section 49, Registration Act, unregistered document cannot be looked upon for any purpose and Appellate Authority erred in...lease is inadmissible under Section 49, Registration Act. Section 91, Indian Evidence Act forbids any other evidence of the Agreement being given. Unregistered Lease Dee...Section 49, Registration Act to prove the lease, cannot be used for proving the consent of the landlord for subletting nor can such...
...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 ...401 elucidating as follows:—“(i) In that situation it is essential for the registration of the document, if, unregistered is not admissible in evidence under...