The High Court held that if a registered Transfer Deed lacks the petitioner's photograph and thumb impression, the registering authorities must proceed further in accordance with law. The petition, alleging forgery and registration in her absence, was partly allowed.
Respondents directed to proceed further in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
9-cri-wp-1861-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1861 OF 2017
Annie J. Miranda … Petitioner V/s. State of Maharashtra and ors. … Respondents
Mr. Datta Mane for the Petitioner. Dr. F.R. Shaikh, APP for the Respondent – State.
CORAM : B.P. DHARMADHIKARI & N.R. BORKAR, JJ. DATE : DECEMBER 19, 2019.
P.C.
1] Heard for some time. The grievance of the petitioner is that a Transfer Deed has been registered in her absence. A photograph affed on the said Transfer Deed is not of her and the thumb impression thereon is also found to be of somebody else by Forensic Document Efaminer.
2] The petitioner has already fled a Special Civil Suit No.150 of 2016 and obtained the orders protecting her possession.
3] Learned APP pointed out a communication dated 20th August 2018 sent by the Police Constable attached to Vasai
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Dinesh Sherla
9-cri-wp-1861-17.doc
Police Station to Ofce of PP, which shows that then enquiry being made.
(N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.)
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Dinesh Sherla
2 issues framed by the court
Whether respondents are required to proceed further when a registered Transfer Deed contains a fake photograph and thumb impression without the petitioner's consent.
Whether to allow the writ petition given the findings of the Forensic Document Examiner regarding the Transfer Deed.
Annie J. Miranda
State of Maharashtra
B.P. Dhar madhikari
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
