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1 - 10 of 11 (0.27 seconds)Section 34 in The Registration Act, 1908 [Entire Act]
Section 53A in The Transfer Of Property Act, 1882 [Entire Act]
Section 37 in The Registration Act, 1908 [Entire Act]
The Registration Act, 1908
Section 17 in The Transfer Of Property Act, 1882 [Entire Act]
Rambhau Namdeo Gajre vs Narayan Bapuji Dhotra (Dead) Through ... on 25 August, 2004
354. Drawing the attention of this Court to paragraphs-
21 and 22, it is submitted that an agreement would
require registration only if possession has been parted
by the transferee as part performance of the contract, as
provided in Section 53A of the Transfer of Property Act,
1882. Following the decision of the Apex Court in the
case of Rambhau Namdeo Gajre Vs. Narayan Bapuji
6
Dhotra reported in (2004) 8 SCC 614, the Hon'ble Apex
Court in the case of Balbir Singh Maini (supra) held that
an agreement of sale which fulfilled the ingredients of
Section 53A is required to be registered, if not, it shall
not have any effect in law, other than being received as
evidence of a contract in a suit for specific performance
or as evidence of any collateral transaction not required
to be effected by a registered instrument.
Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Sushil Kumar Agarwal vs Meenakshi Sadhu . on 9 October, 2018
7. Notwithstanding the objection regarding
maintainability of the writ petition, Sri K.G.Raghavan,
learned Senior Counsel would also draw the attention of
this Court to a latest decision of the Apex Court in the
case of Sushil Kumar Agarwal Vs. Meenakshi Sadhu
and Others reported in (2019) 2 SCC 241 wherein the
nature and purport of 'development agreement' was
considered elaborately. It is submitted that the Apex
Court has held that development agreement which
would provide for someone to carryout the work of
construction on the property for monetary consideration
could be termed as pure construction contract. On the
other hand, under the agreement, if the owner grants
rights to a third party to carry on development for a
monetary consideration payable by the developer to the
other, it was held that the owner may in effect create an
interest in the property in favour of the developer for a
monetary consideration.