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1 - 8 of 8 (0.17 seconds)Section 62 in The Indian Contract Act, 1872 [Entire Act]
Section 18 in The Registration Act, 1908 [Entire Act]
Section 32A in The Registration Act, 1908 [Entire Act]
E.R.Kalaivan vs The Inspector General Of Registration on 9 July, 2009
29. Thus, having regard to the law laid down by the
Supreme Court and provisions of the Act, in our opinion,
whenever registered documents such as Development
Agreement-cum-GPA, is sought to be cancelled, execution and
registration of such a document/deed must be at the instance
of both the parties i.e., bilaterally and not unilaterally. If a
deed of cancellation is allowed to be registered without the
knowledge and consent of other party to the deed/document,
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sought to be cancelled, such registration would cause
violation to the principles of natural justice and lead to
unnecessary litigation, emanating therefrom. In any case, as
stated earlier, in the absence of any provision specifically
empowering the Registrar to entertain a document of
cancellation for registration without the signatures of both the
parties to the document, the deed cannot be entertained.
Moreover, if the Registrars are allowed to entertain a deed of
cancellation for registration without signatures of both the
parties to the document sought to be cancelled, such power
would tantamount to conferring the power to decide disputed
questions between the parties. No party to the document
would ever approach for cancellation of registered document
unilaterally unless there is a dispute with the other party in
respect of the subject matter of the document.
Section 69 in The Registration Act, 1908 [Entire Act]
Section 34 in The Registration Act, 1908 [Entire Act]
Section 17 in The Registration Act, 1908 [Entire Act]
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