Search Results for "encumbrance register"

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Search Results for "encumbrance register"

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High Court

High Court Allows Writ Petition Seeking Mandamus to Sub-Registrar for Recording Cancellation of Registered Documents - Sub-Registrar's Refusal to Act on Civil Court Decree Quashed as Arbitrary and Contrary to Statutory Duty. Court Held Registering Authority's Function is Ministerial Under Section 31(2) of Specific Relief Act, 1963 and Rule 123 of Karnataka Registration Rules, 1965, and Certified Copy of Decree is Conclusive Proof Requiring Implementation Without Insisting on Formal Court Communication.

25 Mar 2026

The dispute originated from a property development arrangement where the petitioner, claiming absolute ownership of the suit schedule property, execut...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Held That the Prohibitory Order Under Order 21 Rule 54 CPC Was Not Served on the Judgment Debtor and the Communication Order Was Not a Mandatory Direction, Thus No Willful Disobedience Established.

11 Feb 2026

The petitioner, A. Dakshnamoorthy, as power agent of his son D. Chandrasekaran, filed two contempt petitions. The first (Cont.P.No.1723/2025) was agai...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Holds That Prohibitory Order Under Order 21 Rule 54 CPC Does Not Create a Charge on Property and That Sub Registrars Are Not Bound by Such Orders Unless Property Is Attached.

11 Feb 2026

The petitioner, D. Chandrasekaran, represented by his power agent A. Dakshnamoorthy, filed two contempt petitions. The first, Cont.P.No.1723 of 2025, ...

High Court

Madras High Court Allows Writ Petition Challenging Refusal to Register Relinquishment Deed Due to Name Discrepancy. Court Directs Registration Subject to Compliance with Rule 55A of Tamil Nadu Registration Rules, 2000 and Production of Identity Certificate.

20 Jan 2025

The petitioner, Mohammed Assan, and his brother K.Mubarak @ Abdul Mubarak jointly purchased landed property in Tenkasi Village through a registered sa...

High Court

Madras High Court Allows Writ Petition Challenging Refusal to Register Settlement Deed Due to Non-Application of Mind by Sub-Registrar. Sub-Registrar's Refusal Based on Missing Original Sale Deed and Non-Mutation of Revenue Records Held Invalid Under Section 35 of Registration Act, 1908.

20 Jan 2025

The petitioner, Sorkathkani, and her husband purchased a property measuring 2.5 cents in Shenkottai Town through a registered sale deed dated 2003 (Do...

High Court

Madras High Court Allows Writ of Mandamus to Delete Arbitral Award Entry from Encumbrance Register — Registration Authorities Directed to Remove Unauthorized Encumbrance Without Adjudication of Title. Sub-Registrar Cannot Enter Arbitral Award in Encumbrance Register Without Court Decree Under Registration Act, 1908.

2 Jan 2025

The petitioner, Jamal, owned property bearing S.No.330/3B, measuring 1 hectare, 43 ares and 5.0 sq.mtr, situated at Narippur Village, Kadaladi Taluk, ...

Supreme Court

Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

21 Nov 2024

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

High Court

High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

28 May 2024

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...

High Court

High Court of Karnataka Quashes Sub-Registrar's Refusal to Delete Agreement of Sale Entry from Encumbrance Certificate. Sub-Registrar Has No Power to Make Entries of Unregistered Agreements of Sale Under Registration Act, 1908, and Cannot Refuse Deletion.

4 Jan 2024

The petitioner, Ramesh Timmanna Umarani, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

High Court

Bombay High Court Acquits Talathi in Corruption Case Due to Inconsistent Evidence and Lack of Proof of Demand. Conviction under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand and acceptance of bribe beyond reasonable doubt.

5 Mar 2015

The appellant, Vikas Baburao Marathe, a Talathi (revenue officer), was convicted by the Special Judge, Jalgaon, for offences under Sections 7 and 13(1...

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