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1996 Supreme(SC) 698

G.B.PATTANAIK, K.RAMASWAMY
Zila Dastavej Lekhak Association, Banda – Appellant
Versus
State Of U. P. – Respondent


ORDER

The petitioner, which is an Association representing the persons who had licences to scribe documents under the U.P. Document Writers Licence Rules, 1977 [for short, the Rules ] challenged the vires of Rules 6(2) of the Rules which reads thus :

"Nothing in sub-rule (1) shall apply where the writer of such document is one of the parties thereto or is a pleader engaged by the parties for drawing up the documents".

2. The contention of the learned counsel for the petitioner is that Rule 5 prescribes qualifications for granting licence. Rule 4 prescribes the number of document writers. Rule 10 prescribes the charging of the fee and the period of licence prescribed under Rule 8. A conjoint reading of these rules envisages that the document writers are treated as a class. The exclusion of the advocates from the purview of the provisions of the Registration Act is ultra vires the power of Inspector General of Registrations under Section 69(hhh) of the Registration Act, 1908 as amended by the State Legislature (for short, the Act ). We find no force in the contention. Section 69(hhh) provides thus :

"Providing for the grant of licences to document writers, the suspension or revo








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