bidang kuasa rayuan - Laman Web Rasmi Pejabat Ketua Pendaftar ...
bidang kuasa rayuan - Laman Web Rasmi Pejabat Ketua Pendaftar ...
bidang kuasa rayuan - Laman Web Rasmi Pejabat Ketua Pendaftar ...
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5<br />
10<br />
15<br />
20<br />
25<br />
however does not impose a deadline for registration. Prior<br />
to that there was no such requirement. The amendment<br />
was not intended to take away or curtail the power of the<br />
State Authority in dealing with its land as it is, in law, still<br />
state land until registration of title in the name of the<br />
appellant. It may, prior to registration decide to change or<br />
reverse its decision so long as it is done in the interest<br />
of the state or the public and made in good faith. Section<br />
80(3) which only came into force in 1984 was never<br />
intended to supercede section 78(3) of the Code.<br />
[27] It is apparent that even on the facts of the case<br />
alone, the appellant could not succeed. The sole authority<br />
on State land is the State Authority: see section 40 of the<br />
Code. The first respondent had to return the payment to<br />
the appellant as the State Authority refused to accept it and<br />
had decided to revoke the approval of alienation of the said<br />
land. Under the circumstances the first respondent could<br />
not therefore proceed with the issue of qualified title under<br />
section 80(3) of the Code. The first respondent‟s refusal to<br />
accept payment after keeping the cheques for about two<br />
weeks prior to the decision of the State Authority on<br />
7.4.2004 was understandable. The payment was made<br />
during the transitional period before the new State<br />
government was sworn in. This was not a case where the<br />
20