2007 (3) ALJ (NOC) 525 (KAR.) = AIR 2007 KARNATAKA 77 ::2007 (3) All LJ NOC 525 ::2007 (2) AIR Kar R 530 ::2007 A I H C 1518 ::(2007) 4 Kant LJ 189 ::(2008) 4 ICC 201

Karnataka High Court

Hon'ble Judge(s): H. V. G. Ramesh , J

(A) Registration Act, (16 of 1908) S. 52, 68, 60 — Karnataka Stamp Act (34 of 1957), Ss 45A, 45B (as amended by Act 24 of 1999) — Constitution of India, Art 14 — Under valued documents — Sub-Registrar shall keep pending process of registration and refer matter to deputy Commissioner for determination of real market value of property — Sections 45A, 45B of Stamp Act as amended providing for enough safeguards for withholding document for want of registration — Not in conflict with Registration Act, nor constitutionally invalid {" A clear reading of S. 45A of Karnataka Stamp Act would make it clear that having regard to the estimated market value published by the committee constituted under S. 45B, if the market value of the property which is the subject matter of such instrument has not been truly set forth, the Sub-Registrar shall have to arrive at the estimated market value and communicate the same to the parties and unless the parties pay the duty on the basis of such valuation, shall keep pending the process of registration and refer the matter along with a copy of the instrument to the Deputy Commissioner for determination of the market value of the property and in turn, as per S. 45A of the Act itself, an obligation is cast on the Deputy Commissioner to hold a proper enquiry after affording reasonable opportunity and then to fix the market value. It appears, enough safeguard is provided under the amended S. 45A as w....