Section-25 of the Registration Act(1908) says about the delay due to
unavoidable circumstances in presenting a document in registry or
sub-registry.
Reason of delay:
owing to urgent necessity or unavoidable circumstances.
Which documents?
Any document executed or copy of a decree or order made in Bangladesh. If any document has not been presented for registration within the
prescribed time. (it is the time as mentioned in Section-23 of the
Registration Act for respective documents)
Pre-condition:
where the delay in presentation does not exceeds four months.
Decisions:
The registrar may direct for registration upon payment of a fine not exceeding 10 times.
As for example, "X" is a sale deed(document compulsorily registerable). Presume, its registration fee is 500 taka, in such case fine would be 500*10=5000.
So, fine may be fixed upto 5000 taka not more than this.
In this regard court stated that,
"right of the registrar to condone delay is exclusive and civil court cant question it" [7 DLR 235]
in another case it was established,
"the district registrar is the sole and final authority, and the question of district registrar accepting the document out of time cant be agiated in a civil court"
As for example, "X" is a sale deed(document compulsorily registerable). Presume, its registration fee is 500 taka, in such case fine would be 500*10=5000.
So, fine may be fixed upto 5000 taka not more than this.
In this regard court stated that,
"right of the registrar to condone delay is exclusive and civil court cant question it" [7 DLR 235]
in another case it was established,
"the district registrar is the sole and final authority, and the question of district registrar accepting the document out of time cant be agiated in a civil court"
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