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Registering Authority Cannot Cancel/Set Aside an Already Registered Sale Deed: Allahabad High Court

The Full Bench of Allahabad High Court in Kusum Lata vs. State of UP has held that a registered sale deed cannot be cancelled or set aside by registering authority or by any authority invoking administrative powers, if the registration is questioned even on the count of impersonation/ fraud.

This Larger Bench has been constituted under the orders of Hon'ble the Chief Justice on basis of the order dated 22nd May 2017 passed in Writ-C No. 2973 of 2016 in the matter of Kusum Lata Vs State of U.P.

That the larger Bench Constituted with Hon'ble Govind Mathur J. Hon'ble Ram Surat Ram (Maurya) J. Hon'ble Jayant Banerji J.

The Division Bench under the order dated 22nd May2017 referred following questions for adjudication by Larger Bench. The larger Bench has decided the following questions according to the merit of the case as well as law being in force

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Wife Entitle to Know Husband's Salary Upholding CIC Order : Madhya Pradesh High Court

That the High Court of Madhya Pradesh on a order dated 15TH May 2018 in the matter of Smt. Sunita Jain vs. BSNL Limited and others arising out of the W.A. 170/2015 has stated that wife entitle to know Husband's Salary upholding CIC order.

Pawan Kumar Jain and his wife are in a estranged relationship. Matrimonial disputes between them are pending in the Courts. It is stated that wife Smt. Sunita Jain is getting a sum of Rs. 7,000/- as maintenance from her husband. It is also stated fact that the wife is an Advocate but she is not practicing. The husband is a very high officer in the Telecommunication Department and it is alleged that he is drawing salary more than Rs. 2,25,000/- per month. In her maintenance case, she filed an application under Section 91 of Cr.P.C. for a direction to the Husband to submit his payslip for determination of proper maintenance amount, which was rejected by the trial Court. Then, she filed an application under the Right to Information Act, 2005 (for short "the Act") to seek the salary details of the husband. The application was rejected. Matter travelled up to the Central Information Commission and the Central Information Commission vide order dated 27th July 2007 asked the Central Public Information Officer, BSNL, unit of BSNL to furnish the details of monthly remuneration.

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2 June 2018
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