Leave granted.
2. The short question is one of admissibility of an
unregistered sale deed in a suit for specific performance of the
contract ... that on 05.12.2007 at the time of
examination of PW. 1, the unregistered sale deed dated
27.02.2006 was tendered for being marked. The counsel
agreement was not admissible in evidence.
VII) The lease agreement, being an unregistered
document, could not be used to establish
that the suit premises ... court were wrong in holding
16
that the lease agreement being an
unregistered document cannot be used to
establish the provisions made in that
agreement
against the order passed by a learned single Judge, holding that the unregistered document dated 29.12.1974 styled as 'Memorandum of partial partition ... counsel appearing for the appellant on the ground that it is an unregistered and unstamped document which is partly a partition deed and partly
respondents opposed the said application. The respondents
contended that the unregistered lease deed dated 21.12.2006 for thirty years
was invalid, unenforceable and not binding upon ... questions arise for
consideration :
(i) Whether an arbitration agreement contained in an unregistered (but
compulsorily registrable) instrument is valid and enforceable?
(ii) Whether an arbitration
following contentions:
"1. The firm cannot be deemed to be an unregistered firm under Section 271(2) for levying the penalty : the penalty must ... assessee, viz., Rs. 20,751, instead of a deemed tax on an unregistered firm which is Rs. 2,14,100,
2. The rate
conferring such power, unless it has been
registered:
Provided that an unregistered document affecting immovable
property and required by this Act or the Transfer ... provides that no benefit would be admissible on the basis of unregistered
contract for the purposes of Section 53A of 1882 Act. Equally, deletion
Section 69(2) refer
only to a situation where an unregistered firm is enforcing a right arising
from a contract entered into by the firm ... Section 69(2) is a bar to a suit filed by an
unregistered firm even if a statutory right is being enforced or even
Acts. Under the Acts, firms are
classified into -two-registered firms and unregistered
firms. Unregistered firms are distinct assesses which are
liable ... whether from the firm or otherwise. There is a third
category of unregistered firms assessed as registered
the provisions regarding which are not relevant
expression 'dealer' in s.11A(1) includes both registered
and unregistered dealers, and it cannot be contended that
dealers are classified into registered ... unregistered
dealers, the former coming under s.11(4)(a) and the latter
under s.11A(1). To be a valid classification, it must
firms and assessed the income of
the firms, treating them as unregistered. The assessments
of the six appellants were also made, so that their incomes ... they had received the income in the
capacity of partners in unregistered firms. Appeals made by
the firms against the order refusing registration were
allowed
