SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2000 Supreme(Raj) 848

A.R.LAKSHMANAN, RAJESH BALIA
Basant Nahata – Appellant
Versus
State of Rajasthan & Other – Respondent


Advocates Appeared:
B.L. Purohit, for Petitioner S.M. Mehta, Advocate General for State

Judgement Key Points

The legal document discusses the constitutional validity and procedural appropriateness of Section 22-A of the Registration Act as amended by the Rajasthan Legislature, along with related notifications issued under this section. The core issue revolves around whether the powers conferred on the State Government to declare certain documents as opposed to public policy and refuse registration are within constitutional bounds and whether these provisions are reasonable and non-arbitrary.

Key points include: - Section 22-A grants the State Government broad, unregulated authority to declare certain documents opposed to public policy, which results in refusal of registration (!) (!) (!) . - The section delegates legislative power to the executive without clear guidelines, leading to concerns about arbitrariness and violation of the right to equality and fair treatment under the law (!) (!) . - The notifications issued under Section 22-A attempt to restrict registration of powers of attorney based on the duration or the nature of the transaction, such as prohibiting registration of powers of attorney exceeding three years or authorizing transfer outside the jurisdiction, which are considered arbitrary classifications lacking rational nexus with the objective (!) (!) . - The primary contention is that the execution of a power of attorney, being a contractual agency, does not inherently oppose public policy, and restrictions based solely on the form or duration of such documents are unreasonable and arbitrary (!) (!) . - The law of registration aims to authenticate transactions and provide legal certainty, but the impugned provisions and notifications overreach by declaring otherwise permissible acts as opposed to public policy without sufficient legal or rational basis (!) (!) . - The section and notifications effectively interfere with the substantive rights of parties to deal with property, and their broad, unregulated scope violates principles of reasonableness and equality (!) (!) . - The court concludes that Section 22-A, as amended, and the related notifications are ultra vires and unconstitutional because they confer unchecked executive power, are based on vague criteria, and lack necessary guidelines, thereby violating the principles of equality and lawful authority (!) (!) .

Overall, the judgment emphasizes that restrictions on registration must be grounded in clear, rational, and lawful standards, and that delegating such sweeping powers without proper guidelines is unconstitutional. The court directs the registration authority to register the challenged power of attorney, declaring the impugned section and notifications void for violating constitutional principles.


Honble LAKSHMANAN, CJ.–The petitioner has prayed in this case for:

(a) quashing Sec. 22-A of the Registration Act as inserted by the Rajasthan Legislature;

(b) quashing the Notifications Annex. 3,4,6, and 7 issued by the State Government in exercise of the powers u/S. 22-A of the Registration Act.

(c) directing the Sub Registrar to register Power of Attorney dated 16.7.99 which was presented by the petitioner on 30.7.99.

(2). The short facts of the case are as follows:

The petitioner is a resident of Bikaner City. He is the Khatedar tenant of the agricultural lands situated at Chak No. 13 KYD, Square No. 110/24, Killa No. 1 to 25 Bighas, Tehsil Khajuwala District Bikaner. The petitioner appointed one Sukhdeo Singh as Power of Attorney, authorising him to look after his lands, cultivate the lands, deposit the instalments of the land, mortgage or sell the lands, execute the sale deed thereof and get it registered. The petitioner presented the Power of Attorney dated 16.7.99 executed by him in favour of Sukhdeo Singh on 30.7.1999 before the Sub Registrar, Bikaner. He was advised that the Power of Attorney executed by him should be authenticated by the Sub Registrar of the area where the pe

























































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top