The Complete Supreme Court Annual Digest- 2023 [Part-XVII]

Registration Act, 1908 Registration Act, 1908 - Effect of Tamil Nadu amendment by which Section 17(1)(g) of the Registration Act has been inserted which makes agreement to sell immovable property valued above Rs 100 compulsorily registrable - Held, the amendment will not affect proviso to Section 49, which allows unregistered sale agreements to be received in evidence. (Para 12, 13) R. Hemalatha v. Kashthuri, 2023 LiveLaw (SC) 304 : AIR 2023 SC 1895 : (2023) 2 SCR 834 Registration Act, 1908; Proviso to Section 49 - An unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered, may be 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 registered instrument. (Para 12, 13) R. Hemalatha v. Kashthuri, 2023 LiveLaw (SC) 304 : AIR 2023 SC 1895 : (2023) 2 SCR 834 Registration Act, 1908; Section 17 - High Court cannot exercise writ jurisdiction under Article 226 of the Constitution to alter or amend registered lease deed. (Para 18) Gwalior Development Authority v. Bhanu Pratap Singh, 2023 LiveLaw (SC) 340 : AIR 2023 SC 2090 : (2023) 3 SCR 498 Registration Act, 1908 - the inquiry contemplated under the Registration Act, cannot extend to question as to whether the person who executed the document in his capacity of the power of attorney holder of the principal, was indeed having a valid power of attorney or not to execute the document or not - production of the original power of attorney is not an indispensable requirement to establish the validity of execution of a sale deed. [Nagarathna; J., Para 23] Manik Majumder v. Dipak Kumar Saha, 2023 LiveLaw (SC) 29 : AIR 2023 SC 506 : (2023) 8 SCC 410 Registration Act, 1908; Section 33(1)(c) - If the principal at the time of execution of the PoA does not reside in India, a PoA executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government shall be valid - when title is claimed on the basis of the Power of Attorney executed by the original owner on the strength of which execution of sale deed is takes place, the conditions provided under Section 33(1)(c) of the Registration Act are required to be strictly complied with. [Shah; J., Para 6, 7] Manik Majumder v. Dipak Kumar Saha, 2023 LiveLaw (SC) 29 : AIR 2023 SC 506 : (2023) 8 SCC 410 Registration Act, 1908; Section 49 - an unregistered lease deed (which is otherwise compulsorily registrable) can be admitted in evidence to show the 'nature and character of possession', only when the 'nature and character of possession' is not the main term of the lease and is not the primary dispute before the Court for adjudication. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 Registration Act, 1908; Section 60 - Statutory Presumption - Only in a case where the execution of the Power of Attorney is as per Section 32 read with Section 33(1)(c) of the Registration Act, there shall be statutory presumption. [Shah; J., Para 7] Manik Majumder v. Dipak Kumar Saha, 2023 LiveLaw (SC) 29 : AIR 2023 SC 506 : (2023) 8 SCC 410 Registration Act, 1961 (West Bengal) - The Supreme Court has upheld the decision of the Calcutta High Court where it was held that the Registrar of Society can only cancel registration granted to a society under the Act, 1961, by exercising a power of procedural review. The High Court was of the view that there is a vital difference between a power of substantive review and procedural review, and the former was not available to the Registrar while deciding an application for cancellation of registration. The High Court observed that the Registrar had proceeded to exercise his power of substantive review, that too without reference to the application for registration that succeeded, while passing the cancellation order. Chen Khoi Kui v. Liang Miao Sheng, 2023 LiveLaw (SC) 796 Registration of Electors (Amendment) Rules, 2022 Registration of Electors (Amendment) Rules 2022; Rule 26B - Submission of the Adhar number is not mandatory for electoral rolls. The Election Commission of India has given an undertaking to the Supreme Court that it will issue "appropriate clarificatory changes" in Forms 6 and 6B (for Registration in E-Roll) which required details of Aadhaar number for the purpose of electoral roll authentication for new voters. (Para 2) G. Niranjan v. Election Commission of India, 2023 LiveLaw (SC) 805 Remission The State Government should decide on remission applications without unnecessary delays, following the government's policy. Chain Singh v. State of Chattisgarh, 2023 LiveLaw (SC) 895 Rent Control & Eviction Rajasthan Premises (Control of Rent and Eviction) Act 1950 - Though eviction suit can't be filed before 5 years ...

The Complete Supreme Court Annual Digest- 2023 [Part-XVII]

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