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Search Results for "Registered document"

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High Court

High Court of Karnataka Quashes Trial Court Order Marking Unstamped Document in Evidence in Civil Suit — Document Insufficiently Stamped Cannot Be Admitted Under Section 35 of Karnataka Stamp Act, 1957. The court held that a document which is insufficiently stamped cannot be admitted in evidence for any purpose, and the trial court's order marking such document is liable to be quashed under Article 227 of the Constitution of India.

30 Mar 2022

The petitioner, Sri M. Surendra Rao, filed a writ petition under Article 227 of the Constitution of India challenging the orders dated 04-11-2016 and ...

High Court

Karnataka High Court Allows Unregistered Partition Deed for Collateral Purpose in Partition Suit — Document Admissible Despite Non-Registration and Insufficient Stamp Duty. The court held that an unregistered partition deed can be admitted for collateral purpose of proving fact of partition, subject to payment of stamp duty and penalty under Section 35 of Karnataka Stamp Act, 1957.

22 Apr 2015

The case arises from a suit for partition filed by the plaintiff, Smt. Annemma, against her brothers (the defendants) in O.S.No.4/2009 before the Civi...

High Court

High Court of Bombay Examines Legality of Registered Sale Deed Lacking Vendor's Signature at Designated Place in Second Appeal. The appeal raises substantial questions of law regarding proof of execution and limitation where the vendor's signature was absent at the execution place but present elsewhere.

10 Apr 2018

The appellant filed a second appeal challenging the appellate court's reversal of the trial court's dismissal of a suit for cancellation of a register...

High Court

Bombay High Court Dismisses Petition for Impounding of Document in Specific Performance Suit — No Objection Raised at Time of Exhibition. Court holds that once a document is exhibited without objection, it cannot be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage.

29 Apr 2019

The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Jo...

High Court

Bombay High Court Directs Sub-Registrar to Register Consent Decree as Conveyance Under Registration Act, 1908 — Mandamus Issued for Compliance with Court Letters. A consent decree for transfer of immovable property is a conveyance under Section 17 of the Registration Act, 1908, and the Sub-Registrar must register it; failure to do so warrants a writ of mandamus.

28 Sep 2015

The petitioners, Tardeo Properties Private Ltd and another, filed a writ petition under Article 226 of the Constitution of India seeking a direction t...

High Court

High Court of Judicature at Madras Allows Appeal and Sets Aside Preliminary Partition Decree; Registered Release Deed Held Proved. The Court ruled that a registered document coupled with testimony of an attesting witness discharged the burden of proof, and the Trial Court's demand for expert evidence was unwarranted.

17 Feb 2025

The appeal arose from a suit for partition of ancestral property originally owned by Kuppu Udayar, who had two wives, Thangayammal and Ramayee. The pl...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Registration of Sale Deed Based on Unregistered Will — Registration Act, 1908 Sections 17 and 49 Bar Unregistered Will from Affecting Immovable Property Rights. The court held that an unregistered Will cannot be used to challenge a registered sale deed or claim title without probate.

29 May 2023

The petitioners, legal representatives of Sri A. Vasudevachar, filed a writ petition under Article 226 of the Constitution of India before the High Co...

High Court

Karnataka High Court Quashes Trial Court Order Impounding Agreement of Sale Already Admitted in Evidence; Holds That Once Document Admitted Without Objection, Its Admissibility Cannot Be Challenged Under Karnataka Stamp Act, 1957. The District Court's Revision Under Section 58 Was Maintainable Only by Court or Deputy Commissioner, Not by Private Party.

15 Dec 2022

The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging an order of the Trial Court directing impounding of an...

High Court

Bombay High Court Allows Exhibition of Insufficiently Stamped Agreement to Sale Subject to Payment of Stamp Duty and Penalty — Section 34 of Bombay Stamp Act, 1958 Does Not Bar Exhibition for Collateral Purpose

14 Mar 2013

The petitioner, original plaintiff, filed Special Civil Suit No.904 of 2005 for specific performance of an agreement to sale dated 31-1-2005 in respec...

Supreme Court

Supreme Court Disagrees with Rajni Tandon on Interpretation of 'Person Executing' under Section 32(a) of Registration Act, 1908. Power-of-Attorney Holder Not Executant; Authentication under Section 33 Required for Agent Presenting under Section 32(c).

26 Jul 2026

The present appeals before the Supreme Court of India arose from a civil suit concerning the validity of an Irrevocable General Power of Attorney date...

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