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Nani Bala Saha W/O Narayan Chandra Saha vs Ram Gopal Saha And Anr., Minors, ... on 8 June, 1944

See in this connection the observations of the Calcutta High Court in the case of Nani Bain Saha v. Ram Gopal Saha and another, AIR 32 1945 Calcutta 19. The award is also not imperfect in terms of section 15(b) of the Act as rightly held by the High Court. Therefore, in our opinion, there was no scope, in the facts and circumstances of the case, of exercising its powers by the High Court under section 15 of the Act and powers under section 15 1 of the Code of Civil Procedure could also not be exercised in this case. The objection against the award was filed by Mrs. Sudha Vasisht on 11th October, 1977 after that more than eight months have expired and there was no prayer to the court to extend the time for registration.
Calcutta High Court Cites 17 - Cited by 23 - Full Document

Ratan Lal Sharma vs Purshottam Harit on 11 January, 1974

This Court had to deal with this clause and to consider the question whether this clause purported or created or de- clared or assigned, limited or extinguished any right. This Court held that the award merely provided that some right could be created in future by means of a document to be executed. Therefore, this Court was of the view that it did not require registration. We are of the opinion that the same principle should be applicable here, Two decisions upon which reliance was placed by the High Court to which our attention was drawn by the learned coun- sel, firstly, Satish Kurnar & Ors. v. Surinder Kumar & Ors., [1969] 2 SCR p. 244 and the second one was Ratan Lal Sharma v. Purshottam Harit, [1974] 3 SCR p. 109 do not help the respondent. 1n the first case Hegde, J. observed that for the purpose of section 17(1)(b) of the Registration Act, it was necessary to determine whether the Award purported to create rights in the immovable property. If it did, it was necessary to have it registered. As it was found by the court that it did, it needed compulsory registration. But the facts of this case are entirely different. Here the award did not create right to get the money, the award only declared that the rights to get the immovable property was dependent upon the payment of the amount. A right to the property was not created by the award itself, a right to certain property was declared. A right to get the property was declared on the payment of the money. The award did not create any right to the property to extinguish any right to the property, which was not there. It quantified in terms of money the value of that right and declared the method of working out those rights.
Supreme Court of India Cites 7 - Cited by 53 - S N Dwivedi - Full Document
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