Back
VIKRAM NATH, SANDEEP MEHTA
Dharmendra Sharma – Appellant
Versus
M. Arunmozhi – Respondent
| Table of Content |
|---|
| 1. failure to comply with earlier court directions (Para 1 , 2) |
| 2. petitioner's claim for refund of stamp costs (Para 3 , 4) |
| 3. involvement and response of state of uttar pradesh (Para 5 , 6 , 7) |
| 4. court's directive for refund of stamp costs (Para 8) |
| 5. closure of contempt petition (Para 9 , 10) |
JUDGMENT
VIKRAM NATH, J.
1. Heard Shri Vipin Sanghi, learned senior counsel for the petitioner and learned counsel appearing for the respondents.
2. The present contempt petitions have been instituted by the appellant in the civil appeals already disposed of, alleging, inter alia, that respondent no. 1 has willfully failed to comply with the directions issued by this Court in its judgment dated 6th September, 2024, rendered in Dharmendra Sharma v. Agra Development Authority, reported in (2025) 1 SCC 422. The relevant portion of the judgment germane to the controversy at hand is reproduced hereinbelow: -
The court affirmed the necessity of compliance with judicial directives, ordering a refund despite statutory limitations on stamp paper refunds.
Limitation bars remedy but not right to refund of stamp duty paid under wrong head due to error.
The expiration of a limitation period may bar the remedy but not the right, ensuring that legitimate claims for refunds are not denied on technical grounds.
The right to claim a refund of stamp duty is governed by statutory provisions, and failure to comply with the prescribed limitation period without sufficient justification precludes the possibility o....
The main legal point established in the judgment is that the petitioner is entitled to a refund of the stamp duty amount under the Maharashtra Stamp Act, 1958, despite the initial document being unex....
Refund applications under Section 52 of the Kerala Stamp Act must satisfy conditions but are not strictly bound by a six-month limitation if bona fides are proven.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
