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Section 10: Absence of Registrar or vacancy in his office

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Act 1908
Section 9 All 93 Sections of Registration Act Section 11

Legal Commentary & Landmark Judgments: Section 10

Section 10 regulates the temporary administrative arrangements and filling of vacancies in the office of the Registrar during absence or leave.

  • Temporary Absence Provision: When any Registrar is absent or on leave, any person whom the Inspector-General appoints, or in default of such appointment, the Judge of the District Court, acts as Registrar.
  • District Judge Acting Role: District Judge or designated judicial officer officiates as Registrar in the absence of an executive appointment.
  • Full Powers Exercise: The acting Registrar discharges all duties and exercises all powers conferred upon the Registrar by the Act.
Key Landmark Precedents:
  • Kailash v. Nanhku, (2005) 4 SCC 480: The Supreme Court noted that statutory substitution provisions ensure that administrative justice delivery is never suspended by official vacancies.
  • State of Haryana v. Haryana Cooperative Transport Ltd., (1977) 1 SCC 271: Reaffirmed the validity of actions taken by acting statutory authorities under de facto doctrine principles.
Courtroom Practice & Strategic Litigation Guidance:

Statutory appeals under Section 72 against a Sub-Registrar's refusal can proceed before the acting District Registrar or District Judge without awaiting permanent appointment.

Section 9 All 93 Sections of Registration Act Section 11