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Section 11: Absence of Registrar on duty in his district

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Act 1908
Section 10 All 93 Sections of Registration Act Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 provides for filling temporary vacancies in the office of the Registrar where the Registrar is absent from the district on official duty.

  • Absence on Duty: When any Registrar is absent from his district on duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar.
  • Exception for Appeals & Inquiries: Acting officer cannot hear appeals under Section 72 or hold inquiries under Section 74 unless specifically authorized.
  • Administrative Continuity: Permits routine office functions and registration of deeds to proceed without disruption.
Key Landmark Precedents:
  • Gokaraju Rangaraju v. State of A.P., (1981) 3 SCC 132: The Supreme Court applied the de facto doctrine to acts of officers discharging duties under temporary statutory authorizations.
  • Subhash Chander v. BPCL, 2022 SCC OnLine SC 120: Affirmed that administrative absences do not invalidate acts done by authorized subordinate registry officers.
Courtroom Practice & Strategic Litigation Guidance:

Verify whether the acting officer possesses statutory authorization under Section 11 to pass final refusal orders or conduct Section 74 inquiries.

Section 10 All 93 Sections of Registration Act Section 12