Duty Of Deed Writers To Look Into All Papers Before Scribing A Deed, Which Includes Investigating Title Over Property: Karnataka HC
1 month, 3 weeks ago

Duty Of Deed Writers To Look Into All Papers Before Scribing A Deed, Which Includes Investigating Title Over Property: Karnataka HC

Live Law  

The Karnataka High Court has refused to quash a criminal case registered against a licensed deed writer accused of writing an agreement for the sale of a land based on a general power attorney which was allegedly a forged one. Justice M Nagaprasanna dismissed the petition filed by one Shekar and said “Merely because he is a deed writer, the proceedings against him cannot be quashed, as the offence of forgery and using forged document to be genuine and criminal breach of trust by the petitioner are prima facie met. It thus said “Therefore, the petitioner, the deed writer, ought to have looked into the documents produced before him, as the statute enjoins a duty to be performed by him.” Referring to Rule 2, the court said “Rule 2 which defines who is a deed writer defines him to be a person engaged in the profession of preparing or writing deeds for registration which includes the work of conveyancing, investigation of title, preparation of draft deed and engrossing deed on stamp paper. Therefore, it cannot be said that the petitioner who is a licensed deed writer, in terms of the Rules he has no duty to look into all the papers, as his duty includes conveyancing and investigation of title.” Rejecting the contention that the deed was scribed based on documents produced before him the court said, “The name found in the RTC which is produced by the petitioner himself is Y.J.

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History of this topic

MUDA Treated Retd Defence Personnel With 'Scant' Respect: Karnataka High Court Directs Body To Execute Sale Deed For Allotted Land
1 month, 2 weeks ago

MUDA Treated Retd Defence Personnel With 'Scant' Respect: Karnataka High Court Directs Body To Execute Sale Deed For Allotted Land

Live Law  

The Karnataka High Court has set aside an order passed by the State Consumer Commission and directed Mysore Urban Development Authority to allot a site by executing necessary conveyance and deliver possession to a retired defence personnel. The encomia earned by him at the hands of the Central Government & the State Government failed to impress the MUDA officials.A Writ …

Licensed deed writers must be aware that law enjoins certain duties on them: Karnataka High Court
1 month, 3 weeks ago

Licensed deed writers must be aware that law enjoins certain duties on them: Karnataka High Court

The Hindu  

Licensed deed writers must be aware that they are functioning on a licence granted under the Karnataka Registration Rules, 1979, which enjoins certain duties upon them in preparing the deeds for registration, the Karnataka High Court has said. The court made these observations while refusing to quash a criminal case registered against a deed writer for scribing an agreement for …

Supreme Court To Hear Challenge To Constitutional Validity Of Rule Allowing Registrar To Refuse Property Registration In Tamil Nadu
4 months ago

Supreme Court To Hear Challenge To Constitutional Validity Of Rule Allowing Registrar To Refuse Property Registration In Tamil Nadu

Live Law  

Pursuant to a petition filed assailing a Sub-Registrar's refusal to register a sale deed, the Supreme Court is set to hear a challenge to the constitutional validity of Rule 55A of the Tamil Nadu Registration Rules, which gives power to a Registrar to refuse registration of an immoveable property.As per Rule 55A, the registering officer before whom a document relating …

UP Revenue Code | Suit Filed U/S 144 Based On Oral Sale Deed Must Disclose Findings Of Proceedings U/S 38 (1), If Any: Allahabad HC
4 months, 1 week ago

UP Revenue Code | Suit Filed U/S 144 Based On Oral Sale Deed Must Disclose Findings Of Proceedings U/S 38 (1), If Any: Allahabad HC

Live Law  

The Allahabad High Court has observed that a suit filed under Section 144 of the UP-Revenue Code 2006 on the basis of an oral sale deed and alleged possession must include findings of the proceedings under Section 38 of the code regarding the sale deed. However, the petitioner, while concealing the details of earlier proceedings under Section 38, filed a …

'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea
7 months, 3 weeks ago

'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea

Live Law  

The Karnataka High Court has imposed a cost of Rs 25,000 on an Assistant Commissioner of the Maintenance and Welfare of Senior Citizen Protection Tribunal, for exceeding his jurisdiction, entertaining a frivolous application under Section 23 of the Senior Citizens Act and nullifying a sale deed entered into by parties. The court said “The Assistant Commissioner's overreach in this matter …

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
8 months, 1 week ago

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court

Live Law  

The Karnataka High Court has refused to quash a case of cheating registered against a mother and son who are alleged of fabricating documents in order to acquire title in a property. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Vanitha and Venkatesh M and said, “It is no law that merely because an issue …

Can't Deny Registration Of Property Which Is Purchased In Auction On The Ground That Income Tax Dues Are Pending Against Original Borrowers: Karnataka HC
9 months, 2 weeks ago

Can't Deny Registration Of Property Which Is Purchased In Auction On The Ground That Income Tax Dues Are Pending Against Original Borrowers: Karnataka HC

Live Law  

The Karnataka High Court has held that a Sub-Registrar cannot refuse to register a sale certificate issued by the bank to an auction purchaser of property on the ground that certain claims of the Income Tax Department are pending against the original loan borrowers. The government advocate contended that the Sub-Registrar is not in a position to register the sale …

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed
10 months ago

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed

Live Law  

The Karnataka High Court has upheld an order of the trial court decreeing a suit for specific performance of a sale agreement in favour of the plaintiff and rejected the contention of the defendants who are businessmen that they had availed loan from the plaintiffs and had not agreed to sell the schedule property. A division bench of Justice E …

Hindu Adoption & Maintenance Act | Presumption Of Validity Operates In Favour Of Registered Adoption Deed, Strict Proof Not Required: Karnataka HC
1 year ago

Hindu Adoption & Maintenance Act | Presumption Of Validity Operates In Favour Of Registered Adoption Deed, Strict Proof Not Required: Karnataka HC

Live Law  

The Karnataka High Court has said that a strict burden of proof for an adoption cannot be insisted upon when the adoption deed is registered. A single judge bench of Justice HP Sandesh allowed an appeal filed by MG Purushotham who had challenged the order of the trial court and the first appellate court allowing the suit filed by NK …

Karnataka High Court Refuses To Entertain PIL For Naming Of Roads In Consultation With Villagers
1 year, 4 months ago

Karnataka High Court Refuses To Entertain PIL For Naming Of Roads In Consultation With Villagers

Live Law  

The Karnataka High Court has made it clear that which road should be named after whom cannot be a subject matter of adjudication in a Public Interest Litigation. The petitioners had approached the court seeking a direction to the Bettahalasuru Gram Panchayat Grama Soudha to pass appropriate Resolution after taking Representation from the villagers for selecting names to be incorporated …

Karnataka High Court Weekly Round-Up: October 16 To October 22, 2023
1 year, 4 months ago

Karnataka High Court Weekly Round-Up: October 16 To October 22, 2023

Live Law  

Nominal Index: M/s Divyajyothi Vidya Kendra And Karnataka Housing Board & Others. Telangana Legislator Raja Singh Uncharged From Hatred Case As Sanction U/S 196 CrPC Is Not Obtained | Karnataka High Court Case Title: Rajasingh Takur @ T Raja Singh & Others And State of Karnataka Case No: CRIMINAL PETITION No.2576 OF 2023 Citation No: 2023 LiveLaw 397 The Karnataka …

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court
2 years, 8 months ago

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court

Live Law  

The Telangana High Court recently upheld an order passed by the Executing Court directing removal of illegal structures raised in the suit schedule property after passing of a decree for specific performance, ordering delivery of possession, in favour of the defendants/ decree holders. It observed that decree for specific performance cannot be frustrated in such manner and that the civil …

Karnataka High Court Monthly Digest: January 2022
3 years, 1 month ago

Karnataka High Court Monthly Digest: January 2022

Live Law  

This digest contains all the important judgments and orders pertaining to Karnataka for the month of January 2022, covered by LiveLaw. 1: JLR Is State Owned Company, Not Required To Obtain Permission Of Central Govt For Construction Within Reserve Forest: Karnataka High Court Case Title: PS Mohan v. State Of Karnataka Citation: 2022 LiveLaw 1 The Karnataka High Court said …

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court
3 years, 2 months ago

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court

Live Law  

The Karnataka High Court recently said that not obtaining of previous/prior approval from the State Government by the Karnataka Housing Board before execution of the sale deed dated would invalidate and vitiate the said document. "Absence/lack/want of previous/prior approval by the State Government before executing the impugned Sale Deed dated 23.08.2006 would vitiate and invalidate the said document and mere …

Taking Cognizance Of A Private Complaint Under S.200 CrPC: Karnataka High Court Sets Out Procedure For Magistrates To Follow
3 years, 5 months ago

Taking Cognizance Of A Private Complaint Under S.200 CrPC: Karnataka High Court Sets Out Procedure For Magistrates To Follow

Live Law  

The Karnataka High Court has set out the procedure to be followed by Magistrates for taking cognizance of a private complaint made to them under Section 200 of the Criminal Procedure Code. A single-judge bench of Justice Sreenivas Harish Kumar in its order dated July 22, said, "The cognizance taking procedure to be followed may be set out as follows:- …

'Favouritism By Karnataka Housing Board, Due Procedure Not Followed': High Court Cancels Land Allotment To Trust Headed By BJP MP's Wife
3 years, 5 months ago

'Favouritism By Karnataka Housing Board, Due Procedure Not Followed': High Court Cancels Land Allotment To Trust Headed By BJP MP's Wife

Live Law  

Observing that, "Favoritism has been done by Karnataka Housing Board to respondent No.3, Murthy Charitable Trust, without following the prescribed procedure," the Karnataka High Court recently quashed and set aside the allotment of a plot of land to the trust, represented by its President Gayathri, who is the wife of BJP Member of Parliament, Umesh G Jadhav. Further, the Principal …

Senior Citizens Act - Section 23 Can't Be Invoked If Release Deed Is For Consideration : Karnataka High Court
3 years, 9 months ago

Senior Citizens Act - Section 23 Can't Be Invoked If Release Deed Is For Consideration : Karnataka High Court

Live Law  

The Karnataka High Court has recently held that a senior citizen cannot invoke Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, when the release of property was not out of natural love and affection but for a consideration. The counsel for respondent 2, submitted that even in the absence of condition, the transferee shall provide …

No Judge Other Than A HC Judge Is Empowered To Delegate The Duty Of Examining And Impounding Any Instrument: Karnataka HC [Read Order]
6 years, 5 months ago

No Judge Other Than A HC Judge Is Empowered To Delegate The Duty Of Examining And Impounding Any Instrument: Karnataka HC [Read Order]

Live Law  

‘No Judge other than a Judge of the High Court is empowered to delegate the duty of examining and impounding any instrument under Section 33 of the Act to any other person or officer.’The Karnataka High Court has held that no judge other than a judge of the high court is empowered to delegate the duty of examining and impounding …

No Judge Other Than A HC Judge Is Empowered To Delegate The Duty Of Examining And Impounding Any Instrument: Karnataka HC [Read Order]
6 years, 5 months ago

No Judge Other Than A HC Judge Is Empowered To Delegate The Duty Of Examining And Impounding Any Instrument: Karnataka HC [Read Order]

Live Law  

‘No Judge other than a Judge of the High Court is empowered to delegate the duty of examining and impounding any instrument under Section 33 of the Act to any other person or officer.’The Karnataka High Court has held that no judge other than a judge of the high court is empowered to delegate the duty of examining and impounding …

‘Expedite process of issuance of title deeds’
7 years, 11 months ago

‘Expedite process of issuance of title deeds’

The Hindu  

Members of the Shivamogga District Congress Committee staged a protest here on Monday demanding that the district administration expedite the process of issuance of title deeds for the poor families over the land cultivated by them and on the land on which they are residing. Srinivas expressed displeasure that more than 50,000 applications submitted by small and marginal farmers in …

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