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M/S B.M. CONSTRUCTION versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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M/S B.M. Construction v. State Of U.P. & Others - WRIT - C No. 30903 of 2006 [2006] RD-AH 11513 (14 July 2006)

 

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 Yatindra Singh,J.

Hon'ble R.K.Rastogi,J.

This is a writ petition against  the notice  demanding  stamp duty on security deposit by the petitioner.

We have heard counsel for the petitioner and the Standing Counsel for the  respondents.

The points raised in this writ petition are covered by a Division bench decision of this Court in Civil Misc. Writ Petition no. 36087 of 1994 ( Tajveer Singh and others Vs. State of U.P. and others) reported in 1997 (2) A.W.C. 1029.

In view of the reasons mentioned in the judgment  rendered in the aforesaid writ petition, this writ petition is allowed. The impugned order, so far as it demands stamp duty from the petitioner on security deposit at the  rate mentioned in the notice  is quashed. The respondents will, however, be free to realize the stamp duty,(if not already paid), from the petitioner under Article 57, Schedule 1B of the Stamp Act as amended by the  State of U.P.  In view of the facts and circumstances of the case, there will be no order as to costs.

14.7.2006

MLK

WP 30903/06


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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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