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M/S SARVAHARA SRAM SAMVIDA SAHAKARI SAMITI LTD. versus STATE OF U.P. THRU' PRINCIPAL SECY. & OTHERS

High Court of Judicature at Allahabad

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M/s Sarvahara Sram Samvida Sahakari Samiti Ltd. v. State Of U.P. Thru' Principal Secy. & Others - WRIT - C No. 59973 of 2005 [2005] RD-AH 2708 (12 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.K.Agrawal, J.

Hon'ble (Mrs.) M. Chaudhary, J.

We have heard learned counsel for the parties.

The question involved in this writ petition is, ''what stanp duty is chargeable in security deposit in pursuance of the terms and condition of the agreement to ensure the performance of work contract.' This question has been agitated before this Court on the earlier occasion and the last time it was agitated in W.P. No. 35096 of 2004, M/s Strong Construction vs. State of U.P. and others decided on 22.3.2005. The Court after considering the entire argument held that:

Security required in the instant case, clearly falls under Article 57(b) Schedule 1B.

The Court also issued a general mandamus in the following terms:

We also issue a writ of mandamus commanding the respondents not to compel the petitioners and similarly situate persons, whether they have filed writ petition or not, to pay stamp duty on security deposit in question treating as ''mortgage deed' and further to charge stamp duty on such ''securities' as provided under Article 57(b) Schedule 1B of the Act.

In view of the above directions the writ petition is disposed of with the observation that the stamp duty may be charged as provided under Article 57(b) Schedule 1B of the Act.

12.8.05

MZ.59973/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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