Registrar Not Expected To Act As A Civil Court: Madras High Court Discharges Former District Registrar From Corruption Case
1 day, 3 hours ago

Registrar Not Expected To Act As A Civil Court: Madras High Court Discharges Former District Registrar From Corruption Case

Live Law  

The Madras High Court recently discharged a former District Registrar from a corruption case observing that the materials put forward by the prosecution did not constitute any offence. Justice N Seshasayee observed that while registering a document, the Registrar was only required to make prima facie inquiry and not expected to act like a civil court. “While registering the document, the Registrar is only required to make a reasonable enquiry recording the registrability of the document and is not expected to act as a civil Court,” the court remarked. In the present case, the court opined that there was nothing to show that the petitioner had made personal gains with his decision which could attract the PC Act.

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History of this topic

'Far-Fetched' To Hold That Contempt Proceedings Can Be Initiated Against An Authority For Failing To Follow Binding Precedent: Kerala HC
1 month ago

'Far-Fetched' To Hold That Contempt Proceedings Can Be Initiated Against An Authority For Failing To Follow Binding Precedent: Kerala HC

Live Law  

Dismissing a contempt plea, the Kerala High Court observed that it would be too far fetched to hold that contempt of court proceedings can be initiated on the ground that a particular authority failed to follow a binding precedent. Justice Gopinath P. in his order said: “Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, …

Supreme Court To Hear Challenge To Constitutional Validity Of Rule Allowing Registrar To Refuse Property Registration In Tamil Nadu
1 month, 3 weeks 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 …

False legal heirship certificates | Madras High Court orders criminal prosecution against those who seek and issue them
8 months ago

False legal heirship certificates | Madras High Court orders criminal prosecution against those who seek and issue them

The Hindu  

Taking serious note of corrupt practices in issuance of legal heirship certificates, the Madras High Court has ordered criminal prosecution against those who seek such certificates by suppressing vital information, and also against government officials who issue these certificates in collusion with such applicants. Subramaniam has directed the Commissioner of Revenue Administration to issue a circular within five weeks instructing …

Madras High Court Impleads Registrar General In Suo Motu Revision Petitions Against Acquittal Of Minister K Ponmudi
1 year, 1 month ago

Madras High Court Impleads Registrar General In Suo Motu Revision Petitions Against Acquittal Of Minister K Ponmudi

Live Law  

The Madras High Court has impleaded the Registrar General in the suo motu revision petition taken up against the acquittal of TN Minister K Ponmudi and his wife in a disproportionate assets case. Justice G Jayachandran observed that since the single judge had questioned the procedure adopted in transferring the case to a different Court which was essentially an administrative …

Kerala HC Suggests To Maintain Database Of Societies Under Travancore-Cochin Literary Societies Registration Act To Avoid Duplicity Of Names
1 year, 2 months ago

Kerala HC Suggests To Maintain Database Of Societies Under Travancore-Cochin Literary Societies Registration Act To Avoid Duplicity Of Names

Live Law  

The Kerala High Court has suggested the establishment of a database of societies registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, so that the District Registrars can avoid any dispute regarding names and other particulars between registered societies, and those seeking registration under the Act. In response to the same, the Court was informed that the District …

[Transfer Of Possessory Rights] Sub-Registrar Can't Refuse Registration For Lack Of Prior Title Documents: Kerala High Court
1 year, 5 months ago

[Transfer Of Possessory Rights] Sub-Registrar Can't Refuse Registration For Lack Of Prior Title Documents: Kerala High Court

Live Law  

The Kerala High Court recently reiterated that the inability of persons transferring possessory rights to produce prior title documents is not a valid reason for the Sub Registrar to refuse registration.Justice Gopinath P thus emphasised that possessory rights can be transferred without any legal barriers, emphasising that the Sub Registrar should not inquire into the nature of. The Kerala High …

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court
1 year, 7 months ago

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court

Live Law  

The Kerala High Court has ruled that when a statute confers specific power upon a judicial officer to tackle a particular situation on the judicial side, the administrative authority would be precluded from entertaining the complaint and taking a decision on the administrative side. The Single Judge Bench of Justice Shaji P. Chaly made the above observation in a case …

Madras High Court Orders Police Inquiry Against Litigant For Filing False Affidavit In Court
2 years, 1 month ago

Madras High Court Orders Police Inquiry Against Litigant For Filing False Affidavit In Court

Live Law  

The Madras High Court recently directed the Joint Registrar Original Side to lodge a police complaint against a litigant who had approached the court with false affidavit and other documents. Justice CV Karthikeyan made the above direction after observing that the litigant had created a false death certificate, false legal heirship certificate, false Will with false signatures, all of which …

Registering Authority Cannot Demand Stamp Duty To Keep Copy Of Sale Certificate On The File Of 'Book No.1' : SC Upholds Madras HC Judgment
2 years, 1 month ago

Registering Authority Cannot Demand Stamp Duty To Keep Copy Of Sale Certificate On The File Of 'Book No.1' : SC Upholds Madras HC Judgment

Live Law  

The Supreme Court upheld the Madras High Court judgment holding that a registering authority cannot demand stamp duty to keep a copy of a sale certificate on the file of Book No.1 under Section 89 of the Registration Act, 1908.In this case, the husband of the writ petitioner before the High Court had got a sale certificate was issued in …

Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court
2 years, 3 months ago

Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court

Live Law  

The Kerala High Court recently directed all the Registrars under the Municipality and Grama Panchayat to conduct an enquiry adhering to provisions under the Registrations of Birth and Deaths Act, 1969, while considering applications seeking correction of Birth Certificates, and not to reject such applications summarily. Justice Amit Rawal made the direction upon noting instances where the Registrars, without adhering …

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)
2 years, 3 months ago

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)

Live Law  

While answering a reference, the Madras High Court Bench of Justice SS Sundar, Justice GR Swaminathan and Justice R Vijayakumar observed that the Registrar does not have the power to accept the deed of cancellation to nullify a deed of conveyance made earlier, when the deed of conveyance has already been acted upon.The court was answering a reference made by …

'Problem Being Faced On A Regular Basis': Calcutta HC Directs District Registrar To Ensure Supply Of Legible Copies When Application Is Made For Certified Copies Of Registered Documents
2 years, 9 months ago

'Problem Being Faced On A Regular Basis': Calcutta HC Directs District Registrar To Ensure Supply Of Legible Copies When Application Is Made For Certified Copies Of Registered Documents

Live Law  

The Calcutta High Court has recently directed the District Registrar to ensure that legible copies are always provided when certified copies of a registered document is applied for otherwise the intervention of the Court will always be required for the supply of such legible copies. Subsequently, the petitioner had applied to the District Registrar to furnish a legible copy of …

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry
2 years, 10 months ago

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry

Live Law  

The Kerala High Court on Monday directed its Registrar to explain why a couple of writ petitions were not listed before a Bench on time despite all the defects being cured and recurring requests from the counsel for the petitioner. Jayasankaran Nambiar and Justice Mohammed Nias C.P sought a response from the Registry having found force in the submission of …

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions
3 years, 2 months ago

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions

Live Law  

The Madras High Court on Friday observed that fraudulent registration of sale deeds in the State have only reduced and not stopped completely despite several measures undertaken by the Registration Department over the years. Justice R. Suresh Kumar also recommended the constitution of a quasi-judicial appellate tribunal headed by a retired High Court judge and comprising two members one. Justice …

'Registry Cannot Adjudicate Maintainability': Judicial Officer's Plea Before SC Against Refusal To Register Curative Petition Against Dheeraj Mor Judgment
3 years, 6 months ago

'Registry Cannot Adjudicate Maintainability': Judicial Officer's Plea Before SC Against Refusal To Register Curative Petition Against Dheeraj Mor Judgment

Live Law  

A Judicial Officer has moved the Supreme Court challenging the Registry's order in which it refused to register the Curative Petition filed by him against the judgment in Dheeraj Mor vs. High Court of Delhi.In Dheeraj Mor, a three judge bench of the Apex Court had held that the civil judges are not eligible to seek direct recruitment to post …

FIR In Corruption Cases To Be Registered After Preliminary Enquiry: Kerala High Court
3 years, 7 months ago

FIR In Corruption Cases To Be Registered After Preliminary Enquiry: Kerala High Court

Live Law  

While dismissing a writ petition seeking the registration of certain corruption complaints, the Single Bench recently ruled that the FIR in corruption cases need be registered only after conducting preliminary enquiry. This comes after the petitioner Jude Joseph, Vehicle Supervisor at the Vizhinjam KSRTC Depot, challenged the failure to register FIR based on his allegations of certain officials involving in …

Plea Seeking E-Registration Of Documents and Digitisation of Sub-Registrar's Office, Delhi HC Gives Liberty To Make Representation Before Concerned Authority
4 years, 5 months ago

Plea Seeking E-Registration Of Documents and Digitisation of Sub-Registrar's Office, Delhi HC Gives Liberty To Make Representation Before Concerned Authority

Live Law  

Delhi High Court has given the liberty to make a representation before an appropriate authority in a plea seeking establishment of a system for e-registration of all documents in order to dispense with the physical presence of all the parties. Moved by Mr DC Tuteja, the petition seeks a direction to be issued to the Respondents to formulate policy and …

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