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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.PANDIT, K.V.ARAVIND
G.Kumari Roopa D/O Dr. H.Gangadarappa – Appellant
Versus
State Of Karnataka Department Of Revenue (Registration And Stamps) Rep. By Its Principal Secretary Vidhana Soudha Dr. B.R. Ambedkar Veedhi – Respondent
CAV ORDER :
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
The petitioner is before this Court under Article 226 of the Constitution of India aggrieved by order dated 19.08.2021 in Application No.8653/2018 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) whereunder the petitioner’s challenge to the order of penalty of withholding four increments with cumulative effect and withholding of promotion for a period of four years from the date of becoming eligible for promotion is rejected.
2. Brief facts of the case are that, the petitioner was working as Sub-Registrar, BTM Layout, Jayanagar, Bengaluru during the relevant period. On the allegation that the petitioner colluded with one Sri.Dharanendraiah and has allegedly registered a cancellation deed of a Joint Development Agreement (for short, ‘JDA’) on the basis of the General Power of Attorney (for short, ‘GPA’) said to have been executed by one Smt.Sujatha Jinesh without verifying or without obtaining the original of the GPA, a departmental enquiry was initiated by issuance of articles of charge dated 06.09.2016. After a detailed enquiry, the Enquiry Officer of the Karnataka Lokayukta submitted its r
The Sub-Registrar has a duty to verify General Power of Attorney documents before registration; failure to do so constitutes misconduct warranting disciplinary action.
Judicial review of disciplinary proceedings is limited to correcting procedural errors, and findings can only be overturned if manifest injustice or violations of natural justice are proven.
The Sub Registrar's role is administrative and limited to ensuring compliance with statutory formalities, and he does not have the authority to adjudicate or evaluate the rights of parties to make a ....
The main legal point established in the judgment is that the role of a registering officer is purely administrative and they are not entitled to examine the legality and validity of a document presen....
A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.
Quash of Criminal proceedings – Dismissed - Power under Section 482 Cr.P.C. is to be used sparingly and with circumspection
The court ruled that registration authorities must comply with court orders and cannot refuse registration based on previously set aside grounds.
The court held that unilateral declarations and cancellations cannot be registered by a Sub-Registrar without proper authority and due process, emphasizing adherence to legal standards in document re....
(1) Challenge to very execution of a document, is a challenge to its very DNA and any defect or illegality on execution, is congenital in nature.(2) Examining whether Registering Authority did someth....
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