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september 2005

Supreme Court of India · 2005-09-07

State Of Rajasthan & Ors vs Basant Nahata

Citation / case number
AIR 2005 SUPREME COURT 3401
Court
Supreme Court of India
Petitioner
State Of Rajasthan & Ors
Respondent
Basant Nahata
Author
S.B. Sinha
Bench
Ashok Bhan, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the Rajasthan High Court's decision declaring Section 22-A of the Registration Act, 1908 unconstitutional, as it conferred arbitrary powers on the State Government to determine what constitutes 'opposed to public policy'. The Court emphasized that such determinations should be made by the judiciary, not by administrative authorities. Consequently, the notifications issued under this section were quashed, and the Sub-Registrar was directed to register the power of attorney presented by the respondent.

State Of Rajasthan & Ors vs Basant Nahata · Niyam