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[vc_row triangle_shape="no"][vc_column][vc_column_text]The Hon'ble Supreme Court in the case of M/s. Sms Tea Estates Pvt Ltd considered the issue of whether an arbitration clause contained in an unstamped and unregistered (which is compulsorily registrable) instrument is valid and subsisting. In regard to unregistered documents the Hon'ble Supreme Court came to a conclusion that Section 49 of the Registration Act, makes it clear that a document which is compulsorily registrable, if not registered, will not affect the immovable property comprised therein in any manner. It will also not be received as evidence of any transaction affecting such property, except for two limited purposes. First...

28 February

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[vc_row triangle_shape="no"][vc_column][vc_column_text]The Hon'ble Supreme Court in the case of Jaydayal Poddar v. Bibi Hazra (Mst.) (1974) 1 SCC 3 has held that "the burden of proving that a particular sale is benami and the apparent purchaser is not the real owner, always rests on the person asserting it to be sold. It is further observed that this burden has to be strictly discharged by adducing legal evidence of a definite character which would either directly prove the fact of the benami transaction or establish circumstances unerringly and reasonably raising an interference of that fact." Further in In Binapani Paul case the Supreme Court...

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