SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1972 Supreme(AP) 1

A.GOPAL RAO
Panchayat Samithi – Appellant
Versus
Srimathi Kethavarapu Kannamma – Respondent


A. GOPAL RAO, J.

( 1 ) ONLY question involved in this revision petition is whether the document in question is a lease within the meaning of Section 2, clause (16) of the Indian Stamp Act. What happened in the case was that in an action, the respondent took the contract for collection of toll from the Panchayat Samithi for a period of six months commencing from 1. 10. 1967 and ending with 31. 3. 1968. He executed, in pursuance of the said auction, a document on 9. 10. 1967 thereby agreeing to abide by certain terms including the payment of the amount. As the defendant was in arrears, the Panchayat Samithi instituted a suit for recovery of the arrears due from the defendant. An objection is now taken that the document which the defendant executed in favour of the Panchayat Samithi is a lease within the meaning of Section 2, Clause (16) of the Act and that therefore it requires stamp duty under Schedule I, Article 35 (c), on the basis that it is a bond. The trial court accepted the objection raised by the office and directed the plaintiff to pay the fixed stamp together with penalty thereon. It is this order that is now challenged in this revision petition.

( 2 ) CLAUSE (16) of Sectio



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top