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november 2004

Supreme Court of India · 2004-11-01

DIST. REGISTRAR & COLL.,HYDERABAD vs CANARA BANK ETC

Citation / case number
SC 1997/12870
Court
Supreme Court of India
Petitioner
DIST. REGISTRAR & COLL.,HYDERABAD
Respondent
CANARA BANK ETC
Author
ASHOK BHAN R.C. LAHOTI
Bench
ASHOK BHAN CJI R.C. LAHOTI

Judgment text excerpt

The Supreme Court upheld the High Court's decision to strike down Section 73 of the Indian Stamp Act, 1899 as amended by Andhra Pradesh Act No. 17 of 1986, ruling it ultra vires Article 14 of the Constitution. The Court emphasized that the term 'public officer' must be defined in accordance with the provisions of the Central Act, ensuring that the power to inspect documents is limited to those in the custody of public officers. The judgment clarified that the amendments made by the State Act did not align with the original legislative intent of the Central Act, thereby affirming the High Court's interpretation.

DIST. REGISTRAR & COLL.,HYDERABAD vs CANARA BANK ETC · Niyam