Court : Jharkhand
..... section 84 provides that every registering officer appointed under the act shall be deemed to be public servant within the meaning of the indian penal code and every person is legally bound to furnish information to such registering officer when required by him to do ..... 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... noticed above, in view of the provisions under the registration act, 1908, the registering officer has to take a decision whether transfer deed dated 24.03.2014 can be registered or not. ..... if a mandatory duty is cast upon the 11 registering officer to register a document properly stamped and presented by a person whose identity can sufficiently be established, in my opinion, it would frustrate the object of the registration act, 1908. ..... learned senior counsel refers to the counter affidavit filed by the respondent registering authority and submitted that the title of the petitioner is not under challenge and the conditions under sections 34 and 71 of the registration act, 1908 are also not attracted. ..... i find that vide section 2 of the bihar act 6 of 1991, section 22a was inserted after section 22 in the registration act, 1908, which reads as under .....
Tag this Judgment!Court : Jharkhand
..... section 84 provides that every registering officer appointed under the act shall be deemed to be public servant within the meaning of the indian penal code and every person is legally bound to furnish information to such registering officer when required by him to do ..... 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... noticed above, in view of the provisions under the registration act, 1908, the registering officer has to take a decision whether transfer deed dated 24.03.2014 can be registered or not. ..... if a mandatory duty is cast upon the 11 registering officer to register a document properly stamped and presented by a person whose identity can sufficiently be established, in my opinion, it would frustrate the object of the registration act, 1908. ..... learned senior counsel refers to the counter affidavit filed by the respondent registering authority and submitted that the title of the petitioner is not under challenge and the conditions under sections 34 and 71 of the registration act, 1908 are also not attracted. ..... i find that vide section 2 of the bihar act 6 of 1991, section 22a was inserted after section 22 in the registration act, 1908, which reads as under .....
Tag this Judgment!Court : Jharkhand
..... section 84 provides that every registering officer appointed under the act shall be deemed to be public servant within the meaning of the indian penal code and every person is legally bound to furnish information to such registering officer when required by him to do ..... 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... noticed above, in view of the provisions under the registration act, 1908, the registering officer has to take a decision whether transfer deed dated 24.03.2014 can be registered or not. ..... if a mandatory duty is cast upon the 11 registering officer to register a document properly stamped and presented by a person whose identity can sufficiently be established, in my opinion, it would frustrate the object of the registration act, 1908. ..... learned senior counsel refers to the counter affidavit filed by the respondent registering authority and submitted that the title of the petitioner is not under challenge and the conditions under sections 34 and 71 of the registration act, 1908 are also not attracted. ..... i find that vide section 2 of the bihar act 6 of 1991, section 22a was inserted after section 22 in the registration act, 1908, which reads as under .....
Tag this Judgment!Court : Jharkhand
..... section 84 provides that every registering officer appointed under the act shall be deemed to be public servant within the meaning of the indian penal code and every person is legally bound to furnish information to such registering officer when required by him to do ..... 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... noticed above, in view of the provisions under the registration act, 1908, the registering officer has to take a decision whether transfer deed dated 24.03.2014 can be registered or not. ..... if a mandatory duty is cast upon the 11 registering officer to register a document properly stamped and presented by a person whose identity can sufficiently be established, in my opinion, it would frustrate the object of the registration act, 1908. ..... learned senior counsel refers to the counter affidavit filed by the respondent registering authority and submitted that the title of the petitioner is not under challenge and the conditions under sections 34 and 71 of the registration act, 1908 are also not attracted. ..... i find that vide section 2 of the bihar act 6 of 1991, section 22a was inserted after section 22 in the registration act, 1908, which reads as under .....
Tag this Judgment!Court : Jharkhand
..... section 84 provides that every registering officer appointed under the act shall be deemed to be public servant within the meaning of the indian penal code and every person is legally bound to furnish information to such registering officer when required by him to do ..... 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... noticed above, in view of the provisions under the registration act, 1908, the registering officer has to take a decision whether transfer deed dated 24.03.2014 can be registered or not. ..... if a mandatory duty is cast upon the 11 registering officer to register a document properly stamped and presented by a person whose identity can sufficiently be established, in my opinion, it would frustrate the object of the registration act, 1908. ..... learned senior counsel refers to the counter affidavit filed by the respondent registering authority and submitted that the title of the petitioner is not under challenge and the conditions under sections 34 and 71 of the registration act, 1908 are also not attracted. ..... i find that vide section 2 of the bihar act 6 of 1991, section 22a was inserted after section 22 in the registration act, 1908, which reads as under .....
Tag this Judgment!Court : Jharkhand
..... section 84 provides that every registering officer appointed under the act shall be deemed to be public servant within the meaning of the indian penal code and every person is legally bound to furnish information to such registering officer when required by him to do ..... 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... noticed above, in view of the provisions under the registration act, 1908, the registering officer has to take a decision whether transfer deed dated 24.03.2014 can be registered or not. ..... if a mandatory duty is cast upon the 11 registering officer to register a document properly stamped and presented by a person whose identity can sufficiently be established, in my opinion, it would frustrate the object of the registration act, 1908. ..... learned senior counsel refers to the counter affidavit filed by the respondent registering authority and submitted that the title of the petitioner is not under challenge and the conditions under sections 34 and 71 of the registration act, 1908 are also not attracted. ..... i find that vide section 2 of the bihar act 6 of 1991, section 22a was inserted after section 22 in the registration act, 1908, which reads as under .....
Tag this Judgment!Court : Jharkhand
..... section 84 provides that every registering officer appointed under the act shall be deemed to be public servant within the meaning of the indian penal code and every person is legally bound to furnish information to such registering officer when required by him to do ..... 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... noticed above, in view of the provisions under the registration act, 1908, the registering officer has to take a decision whether transfer deed dated 24.03.2014 can be registered or not. ..... if a mandatory duty is cast upon the 11 registering officer to register a document properly stamped and presented by a person whose identity can sufficiently be established, in my opinion, it would frustrate the object of the registration act, 1908. ..... learned senior counsel refers to the counter affidavit filed by the respondent registering authority and submitted that the title of the petitioner is not under challenge and the conditions under sections 34 and 71 of the registration act, 1908 are also not attracted. ..... i find that vide section 2 of the bihar act 6 of 1991, section 22a was inserted after section 22 in the registration act, 1908, which reads as under .....
Tag this Judgment!Court : Jharkhand
..... section 84 provides that every registering officer appointed under the act shall be deemed to be public servant within the meaning of the indian penal code and every person is legally bound to furnish information to such registering officer when required by him to do ..... 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... noticed above, in view of the provisions under the registration act, 1908, the registering officer has to take a decision whether transfer deed dated 24.03.2014 can be registered or not. ..... if a mandatory duty is cast upon the 11 registering officer to register a document properly stamped and presented by a person whose identity can sufficiently be established, in my opinion, it would frustrate the object of the registration act, 1908. ..... learned senior counsel refers to the counter affidavit filed by the respondent registering authority and submitted that the title of the petitioner is not under challenge and the conditions under sections 34 and 71 of the registration act, 1908 are also not attracted. ..... i find that vide section 2 of the bihar act 6 of 1991, section 22a was inserted after section 22 in the registration act, 1908, which reads as under .....
Tag this Judgment!Court : Chennai
..... indeed, section 34 of the registration act, 1908 speaks about an enquiry before registration by the registering officer and a reading of ingredients of sections 32, 34, 35 of the registration act clearly point out that they prescribe the mode in which the registrar is required to admit a document for registration. ..... besides this, it cannot be forgotten that section 81 of the registration act, 1908 speaks of 'penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure'. ..... per contra, it is the submission of the learned additional public prosecutor for the respondents that the allegations against the public servants (officials of revenue and registration departments) pertain to their purported misconduct and suspected corrupt activities in regard to the issuance of patta (by the revenue officials) and cancellation and registration of power of attorney and release deeds (by registration officials) and further to decide about the title of the properties in question, a civil suit in o.s.no.199 of 2013 on the file of the trial ..... however, it is needless for this court to state that the petitioner must be informed duly as to the outcome of the petition/complaint dated 25.05.2016 in the subject matter in issue, so as to enable him to take such future course of action as he deems fit and proper if he so desires/advised. 38. .....
Tag this Judgment!Court : Allahabad
..... on allegations or grievances relating to the conduct of public servants which includes the chief minister; all other minister and members of the state legislature; all officers of the state government; chairman, vice chairman of local authorities, corporations, owned or controlled by the state government, a company in which not less than fifty one per cent of the shares are held by the state government, societies registered under the societies registration act, co-operative societies and universities established by or under ..... all the powers of a civil court while trying a suit under the code of civil procedure, 1908 (central act 5 of 1908), in respect of the following matter, namely- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document ; (c) receiving evidence on affidavits ; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents ; (f) such other matters as may be ..... a bare perusal of the provisions quoted above would go to show that the functions to be discharged by the lokayukta under the 1975 act are primarily investigative in nature and the lokayukta for the purposes of such investigation has all the powers of civil court while trying a suit under the code of civil procedure and the proceedings are deemed to be a judicial proceeding within the meaning of section 193 of the indian penal code. .....
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