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KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
Dr. H.B. PRABHAKARA SASTRY, J
Pushpavalli – Appellant
Versus
The Sub Registrar, Gandhinagar – Respondent
| Table of Content |
|---|
| 1. details of the case, complaints and allegations. (Para 2 , 3 , 4) |
| 2. arguments regarding the power of the sub-registrar. (Para 10 , 11) |
| 3. observations on the limitations of the sub-registrar's jurisdiction. (Para 18 , 22 , 23) |
| 4. shifting of burden of proof is improper. (Para 26) |
| 5. final ruling and acquittal of the accused. (Para 27) |
ORDER
The present petitioner was tried as accused by the Court of learned IX Addl.Chief Metropolitan Magistrate, Bengaluru, (hereinafter for brevity referred to as the `trial Court') in C.C.No.28802/2005, for the offence punishable under Section 82 of the Registration Act, 1908 , (hereinafter for brevity referred to as the `Registration Act') and was convicted by its judgment of conviction and order on sentence dated 19.10.2012 and was sentenced accordingly.
Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.697/2012, before the learned Presiding Officer, Fast Track Sessions Court XVII, Bengaluru City, (hereinafter for brevity referred to as the `Sessions Judge’s Court'), which after hearing both side, dismissed the appeal filed by the accused by its judgment dated 17.04.2013. Being aggrieved by the same, the a
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