Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The Registrar lacks power under the Registration Act to cancel already registered sale deeds; cancellation is a substantive remedy for civil adjudication and cannot be achieved by summary administrative orders except where fraud is manifest on the face of the record. Section 68(2) confers supervisory control over sub-registrars and rectification of registration records but does not authorize annulment of instruments. Administrative nullification during pending civil proceedings usurps the civil forum and was held impermissible; the writ was set aside and the intra-court appeal allowed. The court applied established SC precedent restricting registrar cancellation powers.
The Registrar lacks power under the Registration Act to cancel already registered sale deeds; cancellation is a substantive remedy for civil adjudication and cannot be achieved by summary administrative orders except where fraud is manifest on the face of the record. Section 68(2) confers supervisory control over sub-registrars and rectification of registration records but does not authorize annulment of instruments. Administrative nullification during pending civil proceedings usurps the civil forum and was held impermissible; the writ was set aside and the intra-court appeal allowed. The court applied established SC precedent restricting registrar cancellation powers.
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