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Baskaran Kanakasabai (entrepreneur)     21 December 2019

Page 9 of part ii of "land acquisition beyond ..."

page 9 of part II

from any book until registering officer has scrutinized the entry.

The aforesaid Rules, therefore, require strict vigil by the Registration Officer before issuing Encumbrance Certificate and it specifically provides that Encumbrance Certificate should contain complete list of all encumbrances affecting the property in question. If that is not done, it would certainly amount to deficiency in service or patent negligence in discharge of duty which is in the nature of rendering service.

Further, it held that no constitutional system can, either on State necessity or public policy condone negligent functioning of the State or its officers and negligence is failure to use such care as a reasonable, prudent and careful person would use, under similar circumstances. [N.Nagendra Rao Vs. State of Andhra Pradesh, reported in AIR 1994 SC 2663 and Common Cause Society Vs. Union of India (1999) 6 SCC 667]. It is the doing of some act which a person of ordinary prudence would not have done under similar circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances. Negligence also is an omission to do some thing which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable 


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 1 Replies

P. Venu (Advocate)     28 December 2019

Please post simple facts.

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