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Baskaran Kanakasabai (entrepreneur)     21 June 2010

Which is the law concerning false certification?

Which is the law concerning false certification and the penal provisions  regarding such certification?


 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 June 2010

S. 197,198 IPC.
1 Like

Baskaran Kanakasabai (entrepreneur)     21 June 2010

Thanks very much Madam for your quick response!

Is there any law concerning a certificate issued with good intentions but later turning out to be false in the very central matter of such certification?

Arup (UNEMPLOYED)     21 June 2010

certification is diffrent with good or bad intention. there is no remote link with certification and intention.

certification is to certify about a fact. fact and intension are completely seperate matter.

Baskaran Kanakasabai (entrepreneur)     22 June 2010

I meant to refer to a certificate issued intentionally but which turns out to be false at a later point of time

and to differentiate from a  false certificate issued wilfully.

Arup (UNEMPLOYED)     22 June 2010

intention valueless here.

certificate is false that's all.

may be punishable under ipc.

Baskaran Kanakasabai (entrepreneur)     22 June 2010

If thats the case, in all cases involving alienation of title of registered lands after 4(1) notification under LA Act,1894,

for example:

  1. Bombay High Court: WP 3031 of 2004
  2. Supreme Court: AIR 540- 1996
  3. Supreme Court: AIR 812-1995
  4. Madras High Court: WP 4417 of 1997

the ECs issued prior to such registration of alienation would not have reflected any lien of the acquiring authority/Govt on such lands. Based on such clean ( in respect of LA)ECs the respective purchasers would have purchased the lands. Later when the court declared such alienations as void by virtue of the fact that the titles of such lands  had been vested with the govt from the time of notification(which had happened before the purchasers purchased the lands) it effectively meant that the Ecs were false with regard to the titles, because according to the court the tiles were vested with the govt even before the date of registrations of the alienations. Therefore the SRO issued clean ECs for lands vested with the govt charging a fee for the EC, and  also proceeded further to register such alienations collecting about 8% stamp duty and registration fees.

This is as good as certifying a dead man as alive and healthy.

Thus can the EC be considered as a false certification and the SRO/govt sued?

Although the EC states that will reflect only such encumbrances and details affecting the title that are registered in his registers, who is responsible for registering such encumbrances and details that affect the title? It is none other than who is having the lien on such titles- which is none other than the Govt.

Therefore the govt's failure to register its lien on lands under LA, leads to the SRO issuing a nil EC on such notified lands which leads to the alienation.As such the fault lies with the govt and the SRO being  an arm of the govt.

In such a scenario, how can the 4 judgments declaring the alienation to be void be right?

Can the Govts and the SROs be sued for their acts of omission of sensitive information  and their failure to register their lien and their irresponsibility in issuing clean ECs  for land under LA notification?

Now, is the SRO punishable for issuing a clean EC for a land vested with the Govt?(under IPC sec 197)

Is the Govt punishable for omitting the giving of sensitive information to the SRO regarding its lien on notified lands?

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