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1 - 7 of 7 (0.23 seconds)Signature Not Verified Digitally ... vs Mr. Puneet Saini, Adv. For Petitioner In ... on 31 August, 2022
6.Whereas, this Court in S.M. Hajabakrutheen Vs. The
Inspector General of Registration [W.P.(MD) Nos. 14546 of 2022
batch, dated 27.03.2023], in view of the conflicting views taken by
two different benches of this Court regarding the applicability of
Section 77A, has referred various issues for consideration by a
Larger Bench of this Court. The relevant portion of the reference
order is extracted as follows-
A.Shanthi vs The District Registrar on 27 June, 2023
7.By referring to the above order, this Court in
A.Shanthi v. The District Registrar [WP.No.18814 of 2023, dated
27.06.2023] has reiterated that the District Registrars across Tamil
Nadu shall not take any action on an application under Section 77A
of the Registration Act, till the reference is answered by the Larger
Bench. The relevant portion is extracted as follows:-
Satya Pal Anand vs State Of M.P. And Ors on 26 October, 2016
5. Patta still stands in the name of the petitioner. The
Hon’ble Supreme Court in Satya Pal Anand v. State of M.P.,
[(2016) 10 SCC 767] has held that that the power to cancel the
registration is a substantive matter and in the absence of any express
provision on that behalf, it is not open to assume that the Registering
Officer would be competent to cancel the registration of the
3/9
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22383 of 2023
documents in question. Therefore, for cancellation of registered
documents, the State of Tamil Nadu brought an amendment to the
Registration Act, vide the Registration (Tamil Nadu Second
Amendment) Act, 2021. By this amendment Act, Sections 22B, 77A,
77B, 81A and 81B were inserted in the Registration Act. Section
77A provides the power to the Registrar to cancel registered
documents, if it is found to be in contravention of sections 22A and
22B.
Section 6 in The Registration Act, 1908 [Entire Act]
Section 9 in The Registration Act, 1908 [Entire Act]
Article 226 in Constitution of India [Constitution]
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