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.