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In Re: Narayanaswami Iyer - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in18Ind.Cas.662
AppellantIn Re: Narayanaswami Iyer
Cases ReferredEmpress v. Bubaji Raghunath
Excerpt:
penal code (act xlv of (sic)), section 193 - registration act (xvi of 1908), sections 63 and 82(a)--registrar, false statement before, whether punishable. - - 686 seems to me to be clearly distinguishable from the present case......case. as i understand the facts in that case, the registrar, before he made the inquiry under section 74 of the act, had before him admissions of execution by the executants and there was, therefore, no ground for his making an inquiry under section 74.4. i see no ground for revision and i dismiss the petition.
Judgment:
ORDER

Ralph Benson, O.C.J.

1. Under Section 63 of the Registration Act, 1908, the Sub-Registrar had authority to administer an oath to the petitioner and to record a note of the substance of the statement made by the petitioner before him.

2. Section 82(a) enacts that 'whoever intentionally makes any false statement...before any officer acting in execution of this Act in any proceeding or inquiry under this Act', shall be punishable and so forth. It seems to me clear that the petitioner has committed an offence punishable under Section 82(a) of the Registration Act and under Section 113, Indian Penal Code.

3. The case referred to Queen-Empress v. Bubaji Raghunath 1 Bom. L.R. 686 seems to me to be clearly distinguishable from the present case. As I understand the facts in that case, the Registrar, before he made the inquiry under Section 74 of the Act, had before him admissions of execution by the executants and there was, therefore, no ground for his making an inquiry under Section 74.

4. I see no ground for revision and I dismiss the petition.


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