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Showing contexts for: function of functionary in Bala Prasad And Anr. vs The State Of Madhya Pradesh And Ors. on 27 August, 1996Matching Fragments
11. It is, therefore, manifest that the Rule has the effect of abrogating the power of Registering Officer under sub-section (1) of Section 47-A to draw his own conclusions and bere of this power, he is required to refer the document for determination of the market value even though, in a given case, he, in his own discretion, may not find it undervalued. It is clear that instead of supplementing the provisions of Section 47-A, the Rule curtails the powers; indeed abrogates it. The Rule therefore, is ultra vires the power granted by Section 75 of the Stamp Act and cannot stand together with Section 47-A thereof. The Registering Officer is a statutory functionary under the Act and his function cannot be taken away, abrogated or curtailed by a subordinate legislation.