Karnataka HC Notices Sri Lankan Judge's Rights Plea
07 Mar 2026
Karnataka Proposes Social Media Ban for Under-16s
07 Mar 2026
Justice Dharmadhikari Sworn In as 55th Madras HC Chief Justice
07 Mar 2026
Punjab HC Acquits Ram Rahim in Journalist Murder
07 Mar 2026
Appellate Courts Can Rely on Unexhibited Public Documents Produced by Plaintiff: Gujarat High Court Dismisses Second Appeal Under Section 100 CPC
07 Mar 2026
Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
MILIND RAMESH PHADKE
Munnalal Shivhare – Appellant
Versus
Hanumant Kumari – Respondent
Headnote: Read headnote
ORDER
The present petition under Article 227 of the Constitution of India has been filed by petitioners being aggrieved by the order dated 02.02.2019 passed by the Second Civil Judge, Class-I, Sabalgarh, District Morena whereby an application preferred by the respondent/plaintiff under Section 151, 152, 153 of the IPC for deleting Condition No.2 i.e. imposed for getting the compromise decree registered of its execution has been rejected.
2. The petitioners are further aggrieved by the order dated 31.01.2019 whereby the compromise application preferred by the parties under Order 23 Rule 3 of the IPC was allowed with certain conditions.
3. Shri N.K. Gupta - Senior Advocate alongwith Ms. Rashi Kushwah - Advocate for the petitioners, while placing reliance in the matters of Bhoop Singh vs. Ram Singh Major & Others reported in AIR 1996 SC 196 and Mukesh vs. State of M.P. & Another passed in Civil Appeal No.14808 of 2024 [Arising Out of SLP (C) No.4293 of 2021], decided on 20.12.2024, has argued before this Court that the legal position qua Clause (vi) of Section 17(2) of the
Compromise decree comprising immovable property other than which is subject-matter of suit or proceeding requires registration, although any decree or order of a court is exempted from registration. ....
A compromise decree creating new rights in immovable property requires registration under Section 17 of the Registration Act if it establishes rights for the first time.
A compromise decree that creates new rights in immovable property valued at Rs. 100 or more is compulsorily registrable under Section 17(1) of the Registration Act, 1908.
The main legal point established is that decrees, if declaratory in nature and not involving any land other than the suit land, may not be compulsorily registrable under Section 17(2)(vi) of the Regi....
The main legal point established in the judgment is that an agreement of sale which does not create interest in immovable property is not prohibited from registration under Section 22-A of the Regist....
Bhoop Singh vs. Ram Singh Major and Others
-
Read summary
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.