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1994 Supreme(Guj) 194

R.A.MEHTA, R.K.ABICHANDANI, M.S.PARIKH
HARSHADRAI P. DAVE – Appellant
Versus
SUBREGISTRAR,rajkot – Respondent


Advocates Appeared: H.N.Bhagat, J.M.THAKAR, M.C.BHATT, M.G.DOSHIT, M.P.PRAJAPATI, R.D.DHOLAKIA, R.M.CHHAYA, R.N.SHAH, S.H.SANJANWALA

MEHTA, J.

( 1 ) THE question that arises before this Full Bench is the interpretation of judgment of another Full Bench in the case of Gorva Vibhag co-op. Housing Society Association v. State, 1992 (1) GLR 654 on the question as to what is that "reasonable period" under Sec. 32a (1) of the Bombay Stamp act, 1958 for initiating action by the registering officer. The said provision did not prescribe any time limit and, therefore, it was contended before the earlier Full Bench that it gave arbitrary powers to the registering authority to initiate proceedings after lapse of reasonable time and to harass the citizens by misusing powers contained in Sec. 32a. The Full Bench negatived this contention holding that:"in our view, this contention requires to be rejected because it is a settled law that the powers under the statutory provisions are to be exercised within the reasonable period. "the relevant paragraph of the Full Bench judgment is paragraph 36 which reads as follows :"it was also contended that as no time limit is prescribed for initiating the action by the registering officer it gives arbitrary powers to the registring officer to initiate proceedings after lapse of unreasonable





















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