registration fee as
required under Section 25 of the Registration Act and
accordingly, said fine namely ten times the amount of
registration fees came ... ground that decree in question
has not been registered.
7. In the above background, petitioners
presented the compromise decree in question for
registration before
3136 of 2013 (O&M) -3-
by way of decree required registration. The decree was obtained by playing
fraud and mis-representation from Gauran ... judgment and decree of the lower Appellate Court on the premise that the
decree required registration is sustainable or not. The law with regard
they did not have occasion
for pressing the decree for registration as per the provisions of Section 23 of
the Registration Act, 1908. Even ... share transferred to nephew of Dharmo and son of Mara,
Sultan. Decree required registration as there was no subsisting right in
favour of Lichhman
decree is in respect of immovable
property B, then the decree so far as it relates to immovable
Property B will require registration. This seems ... Registration Act, 1908 specifies documents for which
registration is compulsory and Section 17(2) carves out an
exception therefrom in respect of decree or order
decree based on
admission. It is to be noted that in that case it was a decree
that created the right. The decree that ... such a compromise decree did not require registration. Merely
because the defendant in that suit in the written statement
admitted the arrangement pleaded
require registration but with
regard to self acquired property registration is required. The
defendants had no pre-existing right. The decree created right ... from registration even if
clauses (b) and (c) of Section 17(1) of the Registration
Act are attracted, and even a compromise decree comes
under
after the amendment to the Registration Act , even
a compromise decree required compulsory registration and
that the documents on which appropriate stamp duty ... decree or order of a Court, not being
a decree or order or award falling under clause (f) of
sub-section (1) except a decree
relating to registration, would not
require registration. In a converse situation, it would require
registration.
(2) If the compromise decree were to create ... decree is in respect
of immovable property B, then the decree so far as it relates to
immovable property B will require registration. This seems
present the
document for registration within the time limit
stipulated under Section 23 of the Registration
Act. Decree of a Civil Court is not required ... collusion in getting a decree especially having
regard to the fact that the decree is an ex parte
decree. Hence, this Court earlier, has directed
relating to registration, would not require registration. In a
converse situation, it would require registration.
(2) If the compromise decree were to create ... decree. Therefore, the said decree will
bind upon him. Further since it is a consent decree passed by the court, it
does not require registration
