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

1992 Supreme(Bom) 91

S.P.KURDUKAR, K.SUKUMARAN
State of Maharashtra and others – Appellant
Versus
M. S. Builders (Private) Limited and another – Respondent


Judgment

S.P. KURDUKAR, J.:---These two appeals and other connected matters which were heard together raise common question of law under the Bombay Stamp Act, 1958. We heard advocates for parties in all these matters and we propose to dispose of them by this common judgment.

2. The common question of law raised in all these matters is as to whether a consent decree whereunder title to immovable property is conveyed falls under the definition of `conveyance' under section 2(g) of the Bombay Stamp Act, 1958 - hereinafter referred to as "the Act", or an `instrument' under section 2(1) of the Act or such consent decree falls outside the ambit and scope of the definition of `conveyance' or `instrument' under the Act. According to the appellants (State of Maharashtra and Others) consent decree is clearly covered by the definition of "conveyance" under the Act or at any rate an `instrument' falling under the definition of section 2(1) of the Act. According to the respondents 1 and 2 - the writ petitioners, the consent decree does not fall either in the definition of `conveyance' or `instrument' under the Act. This is the main controversy which requires to be considered in these matters.

3. T













































































































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