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news details
Lawyers' strike enters 5th day
11/7/2019 9:46:56 PM
Early Times Report
JAMMU, Nov 7: Work in the High Court Jammu wing as well as District Courts across Jammu region remained affected on fifth day today due to the strike of the lawyers.
The lawyers are protesting against diverting of registration powers from Judicial Officers to Revenue Department and proposed move to shift High Court from Janipur to Raika Bahu.
In Kathua, the lawyers held dharna in the premises of District and Sessions Court and raised slogans against the Government for transfer of registration powers to Revenue authorities.
The members of Kathua Bar appealed the President of India, Prime Minister and Home Minister to consider the demads of the lawyers.
Lawyers had been agitating ever since the State Administrative Council (SAC) headed by the former governor of the erstwhile state of Jammu and Kashmir, Satya Pal Malik, sanctioned the creation of a new Department of Registration under the Registration Act, 1908 (Central Act) for registering documents pertaining to immovable property on October 22, 2019.
The new Department of Registration will function under the administrative control of the revenue department, as opposed to the prevalent system of registration in Jammu and Kashmir where the power of registration of immovable property was with the judiciary.
n Jammu and Kashmir, before the creation of a new department, registration of documents of immovable property was handled by the judiciary. Land registration was done under J&K Registration Act SVT 1977 (1920 AD) and the state government had appointed the chief justice of the J&K high court as inspector general of registrations. The principal district and sessions judges acted as district registrars, and were assisted by sub-registrars (sub-judges, munsiffs and judicial magistrates) at the district and tehsil levels. Overall administrative control lay with the state law department under the commissioner secretary, law.
According to the SAC order, additional deputy commissioners and sub-divisional magistrates/assistant commissioners revenue had to be appointed to exercise the powers of registrars and sub-registrars, respectively. SAC also approved the creation of 464 new posts under various categories. Therefore, following the SAC order, on October 31, when J&K became a UT, principal district and sessions judges stopped the registration of immovable property since now the Central Act became applicable and they no longer had any jurisdiction in the matter.
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