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1986 Supreme(Cal) 242

A.M.BHATTACHARJEE, SUKUMAR CHAKRAVARTY
TARAPADA DEY – Appellant
Versus
DIST. REGISTRAR HOOGHLY – Respondent


Advocates Appeared:
ANATH BANDHU MONDAL, Jamini Banerji, MONOTOSH MUKHARJI, RANJIT KUMAR BANERJEE, SATYAJIT BANERJI, TAPAS KUMAR MUKHERJEE

BHATTACHARJEE, J.

( 1 ) AN award made on 28-11-77 was presented for registration to the Sub-Registrar on 25-11-83 and was admitted to registration on the same day. Could that be done after such a long lapse of time ? That is the question that has come up for our consideration in this case arising out of a petition filed under Art. 227.

( 2 ) UNDER S. 23 of the Registration Act, an award, like any other non-testamentary instrument, is to be presented for registration before the Sub-Registrar within 4 months from the date of its execution. If, however, owing to urgent necessity or unavoidable accident, an award or other non-testamentary instrument is not presented for registration within 4 months of its execution, the Registrar, but not the Sub-Registrar, may direct that such document shall be accepted for registration on payment of fine provided the delay in presentation beyond the period of 4 months as aforesaid, does not exceed 4 months more. In other words, while ordinarily the period within which a document is to be presented for registration before the Sub-Registrar is 4 months from the date of its execution, in some extraordinary cases as envisaged in S. 25 the Registrar may








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