MANISHA ARORA

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SYNOPSIS
TITLE
RELEVANCY OF UNREGISTERED DOCUMENTS

INTRODUCTION
Registration provides safety and security to transactions relating to immovable
property, even if the document is lost or destroyed. It gives publicity and public
exposure to documents thereby preventing forgeries and frauds in regard to transactions
and execution of documents.
Section 68 of the Indian Evidence Act, 1872 says that a document should be registered under
the law, should not be used as evidence until at least one attesting witness has given the
testimony but the proviso says that any non-testamentary document would not require the
attesting witness unless the document worthiness is not questioned.
Section 17 of the Registration Act, 1908 specifies the definitions of mandatory and voluntary
record registration. The reality is that it is document registration which makes documents
authentic in law. This means that document registration has certain effects and value.
Likewise, there are also other consequences and effects of unregistered documents.
Section 35 of the Indian Stamp Act, 1899 says that no instrument chargeable with duty shall
be admitted in evidence for any purpose by any person having by the law or consent of
parties authority of receive evidence unless such instrument is duly stamped.
Section 33 of the Indian Stamp Act, 1899 says that Court has power to impound an
unregistered document to take them as evidence.
Section 49 of Registration Act, 1908 deals with effects of the non-registration of the
documents. The main provision in Section 49 of the Registration Act provides that any
document which is required to be registered, shall not affect any immovable property
comprised therein nor such document shall be received as evidence of any transaction
affecting such property. The proviso would show that an unregistered document
affecting immovable property and required by the Registration Act or the Transfer of
Property Act, to be registered may be received as an evidence to the contract in a suit for
specific performance or as evidence of any collateral transaction.
Therefore, an unregistered sale deed of an immovable property of value of
Rs.100/ and more could be admitted in evidence as evidence of any collateral purpose

SCOPE
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The Scope of this study is curtailed to the laws of India.

OBJECTIVE
The objective of this study is to:
a. To understand the admissibility and thereby, relevancy of unregistered documents in
the Court of law in lines with Section 49 of the Registration Act, 1908;
b. To analyse the implications of non-registration of a document;
c. To understand the purpose of registration of document in lines with Section 17 of the
Registration Act, 1908;
d. To comprehend the categories of document requiring compulsory registration.

RESEARCH QUESTIONS
1. Whether the documents which ideally should be registered but remain unregistered of
various reasons are admissible thereby, relevant as evidence in the Court.

RESEARCH METHODOLOGY
Nature of the Study: the nature of the Study is doctrinal. It also entails Analytical, Critical
and descriptive studies.
Sources of the Study:
a. Primary Sources: Indian Evidence Act of 1872, Journals, Civil Procedure Code of
1908, Registration Act 1908, Indian Stamps Act 1899, judgments of various High
Courts and Supreme Court.
b. Secondary Sources: Ratanlal and Dhirajlal Law of Evidence; Woodroffe and Amir
Ali’s Law of Evidence; Sarkar’s Law of Evidence.
Mode of Citation: Bluebook 20th Edition.

LITERATURE REVIEW
1. Bakshi, P.M. "AFFIDAVITS: SOME LEGAL ASPECTS." Journal of the Indian
Law Institute 35, no. 4 (1993): 165-82.
The author, via this article, elucidated the evidentiary value of affidavits. He claims that
albeit affidavits are expressly barred from being tendered as evidence yet it’s not a hard and
fast rule. Affidavits play a crucial role in writ cases where personal liberty is at issue. In those
cases, the detention authorities shall ordinarily make a counter-affidavit. Although the
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concerned authority isn’t in a position to file an affidavit then a responsible officer shall file
an affidavit.
The author further elucidates the differences between affidavit, pleadings, and declaration. In
terse, the requirements of an affidavit were explained in a lucid way. The relevancy of
affidavits in criminal and civil proceedings was also explained. He stated that affidavit is
admissible under Order 19 rule 1 of Civil Procedure Code, 1908. In criminal proceedings,
Section 297 of Criminal Procedure Code, 1973 entails the law pertaining to admissibility of
affidavits.
The extent of usage of affidavit as an evidence was also elucidated in a lucid way.
Fundamental rules of drafting were also explained. The law in the United States and in the
United Kingdom was also explained.

2. Mark Andrew Shaiken, Criminal Procedure: SUFFICIENCY OF EVIDENCE

NOW REVIEWABLE IN HABEAS CORPUS PROCEEDING, 19 Washburn
L.J. 616 (1980)
The above cited article is written by a foreign author. He zeroed in on sufficiency of evidence
in Habeas Corpus proceeding. The author initially explains the purpose of habeas corpus
proceedings. It brings an imprisoned person before the court to inquire into the legality of his
detention. Albeit the nature of writ is civil yet it’s constitutionally and statutorily recognised.
The author explains the “no evidence” rule as laid down in the Thompson. In a few cases,
courts declined to issue a writ in cases where there exists no evidence. The author points out
that the prosecution shall prove the case beyond reasonable doubt. Lack of evidence leads or
paves a trajectory to violation of due process. The author entrenches the idea that due process
shall be espoused. The Court shall follow the above-mentioned principle and issue writs in
cases where insufficient evidence exists and one is convicted. Insufficiency of evidence leads
to violation of due process.
The Author finally concludes that albeit the writ shall be issued yet the defence counsels shall
endeavour to find the lacunae in the writ petitions.

3. Massey, I. P. “SUPPLY OF REPORT TO AN EMPLOYEE FACING

INQUIRY.” Journal of the Indian Law Institute, vol. 30, no. 1, 1988, pp. 94–99
The author elucidates the role of inquiry report. Albeit this Article was penned in the year
1988 yet it’s pertinent in relation to violation of Fundamental Rights. If a person isn’t given
an opportunity to defend himself then it amounts to arbitrary use of power and violates
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Article 14. Hence, A writ petition may be filed. In order to prove the violation of
Fundamental Rights, one can adduce the non-supply of inquiry report as an evidence. The
moot question, which was endeavoured to be answered in this Article, was whether any final
action taken by the competent authority on the basis of the inquiry report without first
supplying a copy of it to the employee would be arbitrary and hence violative of Article 14
which enshrines the harmonising and rationalising principle of Equity.
The author initially demystifies the differences between inquiry report and second
opportunity. Second opportunity was abolished via 42nd Amendment. The Author argues that
since it’s a matter of principles of natural justice and the employee requires to defend himself,
the Court shall make the supply of inquiry reports mandatory. If not, a writ petition may be
filed. The Supreme Court missed several opportunities to conclude this issue. The Court, in
the 1980’s, refereed the matter to a three-judge bench.

4. Srivastava, G.P. “LAW OF EVIDENCE.’ Annual Survey of Indian Law, vol.05,

no. 1, 1969, pp.313-344
The Author elucidates the recent developments in the law of evidence. Although this Article
is dated in the year 1969 yet it’s relevant for the purpose of Newspapers. The author
elucidates the relevancy of newspaper as a piece of evidence. It’s an accepted principle that
newspapers aren’t a valid piece of evidence. Yet there are a few exceptions.
Usually writ petitions may be filed based on the news reports. Merely because the petition is
based on the news report, it doesn’t preclude the parties from filing the petition. The only
prerequisite is to bring the author before the Court and state the veracity of it under Oath.
This part was explained in a lucid way by the Author. Apart from this, the definitions of the
Word “Court” were also explained by the author. Regarding judicial notice and presumptions,
catena of judgments was cited by the author. The relevancy of secondary evidence was
elucidated. Burden of proof and insanity were explained with pertinent case laws.
Accomplice witnesses were also discussed in this paper. In terse, the relevant judgments till
1969 were discussed.
The Article is pertinent to this paper in view of news reports and their relevancy with respect
to writ petition.

5. Raza, Aqa “PROTECTION AGAINST SELF-INCRIMINATION AS A

FUNDAMENTAL RIGHT IN INDIA: A CRITICAL APPRAISAL, SSRN
Electronic Journal, 2015.
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This Article is pertinent in view of Article 20(3) of the Indian Constitution, 1950. Article
20(3) guarantees right against self-incrimination. No person can be compelled to be a witness
against himself. In terse, a person cannot adduce evidence against himself. self-incrimination,
if allowed, would result in adverse effects. The author initially starts with the quote “no man
is bound to betray himself”. He cannot be compelled to be a witness against himself. In
catena of judgments, it was held that the request for hair for the purpose of DNA test isn’t
being a witness against himself. Right to privacy shall be balanced with Right against self-
incrimination.
The author proceeds with the rationale of Article 20(3). The constitutional provision i.e.
Article 20(3) was explained in a lucid way. The judicial approach towards Article 20(3) was
explained with pertinent case laws.
The Article is relevant for this paper in relation to evidence adduced in Writ Petitions. In case
a person is compelled to be a witness against himself, he can file a writ with the alleged
statement.

CHAPTERISATION (TENTATIVE)
1. INTRODUCTION
1.1.
1.2. DIFFERENCE BETWEEN PROOF AND EVIDENCE
2. AFFIDAVITS
3. NEWSPAPERS
4. INQUIRY REPORTS-PNJ
5. VAGUE AND BALD ALLEGATIONS
6. ILLEGAL EVIDENCE
7. SUFFICIENCY OF EVIDENCE
8. VIOLATION OF PRINCIPLES OF NATURAL JUSTICE
9. CASE LAWS- ANALYSIS
10. CONCLUSION
11. BIBLIOGRAPHY

SUBMITTED BY
TUPAKULA NIKHIL
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DSNLU 2023