In the case of M. Kathirvel v. The Inspector General of Registration and Ors., the Hon’ble High Court of Madras declared Section 77-A of the Registration Act, 1908, unconstitutional, deeming it ultra vires of the Act and violative of Article 14 of the Constitution.
This decision emerged from a series of writ petitions challenging the jurisdiction and authority of District Registrars to conduct inquiries under Section 77-A with respect to registered documents.
The judgment specifically addresses the constitutional validity of Section 77-A, which was introduced by the Registration (Tamil Nadu Second Amendment Act), 2021 , and its retrospective effect. Section 77-A attempted to bypass the provisions of the Specific Relief Act, 1963, which grants individuals the right to challenge a registered document by instituting a civil suit and adhering to the procedural requirements outlined in the Code of Civil Procedure, 1908.
Our Counsel Sohil Shah and Associate Sushmita Pandey undertake a detailed legal analysis of this case in today’s litigation update.
PioneerLegal LawAtPL Article14 CPC RegistrationAct SpecificReliefAct
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