AI Overview...
- Registration of Court Decree - Main points and insights:
- The limitation period prescribed under Section 23 of the Limitation Act generally does not apply to court decrees because they are considered permanent records of the court and their registration is often deemed optional (Sources: Anitha W/o. Rajeshkannan VS Inspector of Registration, Office of the Inspector of Registration - Madras, Velumani VS District Registrar, District Registrars Office - Current Civil Cases, K. Krishnan VS Inspector General of Registration - Madras).
- The Registration Act, 1908, prescribes a four-month limitation for presenting documents for registration, but judicial pronouncements clarify that this does not rigidly apply to court decrees; the registration of decrees is often treated as optional or not subject to strict limitation (Sources: A.Sheir Mohammed vs The District Registrar - Madras, K. Krishnan VS Inspector General of Registration - Madras, Velumani VS District Registrar, District Registrars Office - Current Civil Cases).
- Certain provisions, such as Sections 17, 23, 47, and 18(c), indicate that registration of decrees or related documents is optional and not mandatory, and the law does not prescribe a strict limitation period for their registration (Sources: S. Sarvothaman VS Sub-Registrar, Pondicherry - Madras, Velumani VS District Registrar, District Registrars Office - Current Civil Cases, Ranjit Satardekar VS Joe Mathias - Bombay).
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The law recognizes that registration of decrees is not always necessary for their validity or enforceability, and failure to register within a limitation period does not invalidate the decree itself (Sources: Anitha W/o. Rajeshkannan VS Inspector of Registration, Office of the Inspector of Registration - Madras, K. Krishnan VS Inspector General of Registration - Madras, Velumani VS District Registrar, District Registrars Office - Current Civil Cases).
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Analysis and Conclusion:
- The consensus across judicial rulings and the provisions of the Registration Act indicates that registration of court decrees is generally optional and not mandated by law.
- Consequently, the limitation period under the Registration Act, particularly Section 23, does not apply strictly to court decrees, and their registration can be done beyond the prescribed limitation without affecting their validity.
- Therefore, the assertion that registration of court decrees is optional and that limitation under the Registration Act does not apply is supported by legal principles and case law.
Search Results for "Registration of Court Decree is Optional Thererfore Limitation under Registration Act will Not Apply"
2021 0 Supreme(Mad) 2880 • India - Madras
S.S.SUNDAR
and registration charges - whether Law of Limitation as prescribed under Section 23 of the Limitation Act would apply to decree ... decree on the ground of limitation - The limitation prescribed for presenting a document does not apply to a decree, as it is a ... receipt of penalty and registration charges - Held, Court is of the view that resp....
2025 Supreme(Online)(Mad) 66490 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE SHAMIM AHMED
Registration Act, 1908 prescribes a limitation period of four months for the presentation of a court decree for registration, a consistent line of judicial pronouncements has clarified that this provision does not apply with rigidity to court decrees. ... Registration Act, 1908 does not apply to a judgment and decree of a Civ....
2019 0 Supreme(Mad) 3414 • India - Madras
R.SURESH KUMAR
- Under proviso to Section 23 of Act cannot stand attracted, insofar as limitation is concerned for registration of Court decree ... - Period of limitation - Sought direction to registering authority to register Court decree, after collecting necessary registration ... without insisting any limitation under Section 23 of Registration Act, however by collecting necessary #HL_START....
2019 0 Supreme(Mad) 1241 • India - Madras
T.S.SIVAGNANAM, V.BHAVANI SUBBAROYAN
to observe it is stated in Section 47 and that under Section 18(c) of Act registration of a Will is purely optional and that being ... apply to a court decree - Whether there was any delay in presentation of decree and in other words Whether court decree was presented ... appellant gets a right over immovable properties - Whether at all law of limitation as prescribed under Section 23 of Act would....
• India - Current Civil Cases
M. DHANDAPANI
copy of Decree and Judgment – Period of limitation – Law of limitation will not apply when a court decree is presented for registration ... – Limitation prescribed for presenting a document does not apply to a decree as it is a permanent record of court and to register ... Registration Act, 1908 – Sections 17 and 23 – #HL_STAR....
2022 0 Supreme(Kar) 69 • India - Karnataka
N.S.SANJAY GOWDA
Finding of the Court: Registration of the sale deed in this case is a nullity in the ... eye of law and therefore requirement of there being a challenge to it, would not arise at all. ... Code of Civil Procedure, 1908 - Order VI Rule 17- Suit seeking for decree of injunction- Amendment of Plaint ... The Trial Court, in this suit, after contest, concluded that Chikkanna had established that he was the owner of the suit property and was therefore entitled for possessio....
1952 0 Supreme(Mad) 187 • India - Madras
GOVINDA MENON, MACK
Limitation Act, 1908-Article 182(7)-Instalment decree -Maintainability of execution for recovery of subsequent instalment due to ... , and the words used are “shall be presented”, in sub-section (2) of section 29 it is optional to the party to produce the document for registration before the Sub-Registrar within whose jurisdiction the Court is situate. ... governed by Article 182(7) of the Limitation Act. ... There is no doubt that the third instalme....
2014 0 Supreme(Mad) 4495 • India - Madras
S.VAIDYANATHAN
a compromise decree granted by a Court of law was placed before him for registration and he cannot be expected to go into the veracity ... , 1908 – Order 21 Rule 97, Order 21 Rule 101 – Decree for partition – Aggrieved over the registration of the document bearing Doc ... of the Registration Act, resorted to register the same. – In fact, there is no provision in the Registration Act, 1908 which enables ... limitation#HL_EN....
2010 0 Supreme(Bom) 1299 • India - Bombay
N.A.BRITTO
Registration Act, 1908 - Sections 17(1)(b)(2) and 49(a) - Non-registration of final chart of partition - Petitioner and his wife ... registered - Held - An exception engrafted to sweeping provisions of Section 17(1) in Section 17(2) that any decree of Court not ... in his personal capacity, or challenge the decree in a separate suit. ... the Act and such a compromise decree did not require registration#HL....
2019 0 Supreme(All) 2721 • India - Allahabad
AJIT KUMAR
the Registration Act nor, the Registrar is competent enough or can be called as a Court to evaluate the evidence and record any ... Registration Act, 1908 - Section 73 - Challenge the sale-deed – Claim of compensation - Briefly stated facts ... The substantive provision of the Act as discussed hereinabove, authorises even the vendee to present a document for sale of registration ... , since the Sub-Registrar is not a Court, the prov....
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