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september 2005

Supreme Court of India · 2005-09-07

STATE OF RAJASTHAN vs BASANT NAHATA

Citation / case number
SC 2001/3965
Court
Supreme Court of India
Petitioner
STATE OF RAJASTHAN
Respondent
BASANT NAHATA
Author
S.B. SINHA
Bench
S.B. SINHA ASHOK BHAN

Judgment text excerpt

The Supreme Court upheld the Rajasthan High Court's decision declaring Section 22-A of the Registration Act, 1908 as unconstitutional, citing that it conferred arbitrary powers on the State Government to declare documents opposed to public policy. The Court emphasized that only courts can determine such matters, and the legislation infringed upon citizens' rights to deal with property. 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 vs BASANT NAHATA · Niyam