STATE OF RAJASTHAN Vs. AANJANEY ORGANIC HERBAL PVT. LTD
LAWS(SC)-2012-9-33
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on September 20,2012

STATE OF RAJASTHAN Appellant
VERSUS
AANJANEY ORGANIC HERBAL PVT. LTD Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) We are, in this case, called upon to decide the question as to whether the transfer of land from a member of Scheduled Caste to a juristic person, other than Scheduled Caste, is void, in view of the provisions of Section 42(b) of the Rajasthan Tenancy Act, 1955 (for short 'the Act').
(3.) The High Court of Rajasthan has answered the above question in several cases holding that such a transfer would not be hit by the above mentioned provision, since the expression 'person' would not take in a 'juristic person' and that juristic person does not have a caste and, therefore, any transfer made by a Scheduled Caste person would not be hit by Section 42(b) of the Act.;


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