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1 - 10 of 17 (0.29 seconds)Section 48 in The Registration Act, 1908 [Entire Act]
Chinde Gowda vs Puttamma on 14 December, 2007
34. The judgment relied upon by the learned counsel for the appellant
in Chinde Gowda's case (cited supra), relates to the case of the Government
Grant. There is no quarrel over the proposition that while a Grant is being
made by the Government, the imposition of the restrictive covenant on the
grantee is binding and valid and any transaction in violation of the said
restrictive covenant is not only void but will also entitle the Government to
resume the land or the property in question. But, however, the said
proposition is not applicable to the instant case which is a sale transaction
and in a sale transaction where the Housing Board sells the property for
market value, such a restrictive covenant cannot be imposed and the
covenant imposed is not any restriction on alienation but is only a right of
pre-emption, which can be exercised only by the Housing Board. Therefore,
the contentions of the learned counsel for the appellant in this regard are
without any merits. Accordingly, I answer this question in favour of the
respondents.
Union Of India (Uoi) Represented By Its ... vs Vasavi Cooperative Housing Society ... on 6 September, 2002
22. The learned counsel further relied upon the judgment of the
Hon'ble Supreme Court of India in Union of India and Ors. versus Vasavi
Cooperative Housing Society Limited and Ors4morefully relying upon
2
(1993) 1 SCC 589
3
(2007) 12 SCC 618
4
(2014) 2 SCC 269
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Page No.13 of 39
Appeal Suit Nos.79 & 80 of 2006
paragraph no.15 to contend that the plaintiff has to prove his own case and
cannot get the relief of declaration on the weakness of the case of the
defendants and submitted that without independently proving his title, the
plaintiff is only harping upon the fact that the first defendant did not let in
evidence. For all the above reasons, the learned counsel would pray that the
appeal suits be allowed.
N. Khadervali Saheb (Dead) By Lrs. And ... vs N. Gudu Sahib(Dead) And Ors on 5 February, 2003
The learned senior counsel also relied upon the judgment of Hon'ble
Supreme Court in Khadervali Saheb (dead) by lrs and another vs. Gudu
Sahib (dead) and ors5, more specifically, paragraph no.3 in which the
Hon'ble Supreme Court had again followed the dictum of S.V. Chandra
Pandian's case (cited supra).
K.Krishnan vs The Inspector General Of Registration on 20 June, 2019
The learned Senior Counsel also relied upon
the order of the Madurai Bench of this Court in W.P.(MD) number 13896 of
2019 in K.Krishnan vs. the Inspector General of Registration and
another, more specifically paragraph Nos.14 to 16 to contend that the non-
registration will not have any effect on the title and once the decree which is
granted in the present suit is registered, even the anomaly of non registration
will be cured.
Janki Vashdeo Bhojwani & Anr vs Indusind Bank Ltd. & Ors on 6 December, 2004
29. The learned Senior Counsel would rely upon the judgment of the
Hon'ble Supreme Court in Janki Vashdeo Bhojwani and another vs.
Indusind Bank and ors8 , relying upon paragraph nos.10 to 15, 17 to 20
that the Power of Attorney Agent can depose only in respect of the acts of
6
AIR 1966 SC 1300
7
100 Law Weekly 95
8
(2005) 2 SCC 217
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Page No.18 of 39
Appeal Suit Nos.79 & 80 of 2006
the principle done by him. For the same proposition, the learned Senior
Counsel would rely upon the judgment of the Hon'ble Supreme Court of
India in Man Kaur (dead) by lrs vs. Hartar Singh Sangha9, more
specifically paragraph nos.11 to 18.
S. Kesari Hanuman Goud vs Anjum Jehan & Ors on 10 April, 2013
For the very same purpose, the
judgment in S.Kesari Hanuman and Goud vs Anjum Jehan and ors10,
more particularly, paragraph no.23 was relied upon.
Balraj Taneja & Anr vs Sunil Madan & Anr on 8 September, 1999
Further, even in the written statement, it was not
verified by the first defendant. The first defendant also did not get into the
box and adduce evidence. Therefore, the very written statement is
improperly verified and is not even verified in terms of Order VI Rule 15 of
the Civil Procedure Code. Therefore, the dictum of the Hon'ble Supreme
Court of India as relied upon by the learned senior counsel in Balraj
Taneja's case (cited supra) applies to the present case in all force. Similarly,
the dictum of the various judgments relied upon by the learned senior
counsel for the proposition that the evidence of D.W.1 is no evidence at all,
as he had no personal knowledge about the transactions about the entering
into Partnership and Dissolution deed etc., and thus, as far as this question
as to the proof of Ex.A2 and Ex.A5 are concerned, even though an
ostensible contest is made by the defendants, it is a case of no contest. In
any event as found by me supra, the plaintiffs have also proved their case
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Page No.22 of 39
Appeal Suit Nos.79 & 80 of 2006
beyond doubt and accordingly, this question is answered.
Satish Kumar & Ors vs Surinder Kumar & Ors on 27 September, 1968
“5. The word "not" is a slip here. The parties conceded
before the learned Single Judge that the award deals with
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Page No.23 of 39
Appeal Suit Nos.79 & 80 of 2006
immovable property worth above Rs. 100/-. So if it is found
by us that the award purports to create rights in. the
appellant over immovable property, it would require
registration under s. 17 Registration Act . (See Satish
Kumar and others v. Surinder Kumar and others (1). On the
dissolution of the partnership or with the retirement of a
partner from the partnership the share of the partner in
the partnership assets is equal to the value of his share in
the net partnership assets after deduction of all liabilities
and prior charges. Even during the subsistance of the
partnership, he may assign his share to another partner.