Supreme Court of India
Samiullah v. The State of Bihar & Ors.
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What the Court ordered
In view of the above, we have no hesitation in concluding that the impugned sub-rules are ultra vires the rule-making power under Section 69 or any other provisions of the Act.
Judgment, page 20
From the headnote
Issue for Consideration Issue arose as regard the sub-rules (xvii) and (xviii) to r.19 of the Bihar Registration Rules, 2008 empowering registering authorities to refuse registration of documents, if proof of mutation of the property under sale in favour of the vendor not produced along with the registering document if ultra vires the Act. Headnotes† Bihar Registration Rules, 2008 – r.19 (xvii) and (xviii) – Refusal of duly presented document – Sub-rules (xvii) and (xviii) introduced by way of amendments to r.19 empowering registering authorities to refuse registration of documents, if proof
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