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2000 Supreme(AP) 197

P.VENKATRAMA REDDY, S.ANANDA REDDY, V.ESWARAIAH
Mcdowell and Co. Ltd. , Visakha-patnam – Appellant
Versus
District Registrar, Visakhapatnam – Respondent


S. ANANDA REDDY, J.

( 1 ) THIS referred case is at the instance of the petitioner-Company, referred by the Chief Controlling Revenue Authority under S. 57 of the Indian Stamp Act, 1899 (herein after referred to as the Act ). The following question is referred for the opinion of this Court :"whether the document under consideration styled as letter of subrogation and special Power of Attorney is a general power of attorney attracting a stamp duty of Rs. 20. 00 or whether it is in addition an assignment of the benefit of a contract to be treated as conveyance under Art. 20 of Schedule I-A of Indian Stamp Act. "

( 2 ) THE facts of the case are as follows :the petitioner-Company approached the District Registrar, Visakhapatnam with a draft deed purporting to be a letter of subrogation and special power of attorney for opinion under S. 31 of the Act. The District Registrar opined that the document was an assignment of the benefit of a contract to be treated as conveyance under Art. 20 of Schedule I-A of the Act and also the power of attorney under Art. 42 (c) of Schedule I-A, chargeable with higher duties. However, the District Registrar referred the matter under S. 56 (2) of the Act,

















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