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

2016 Supreme(Bom) 460

S.C.DHARMADHIKARI, G.S.PATEL
State Bank of India – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Virag Tulzapurkar, Senior Counsel with Ms. Sowmya Srikrishna, Mr. Girish Dave, Ms. Mona Bhide, Mr. Biswadeep, M/s. Dave Girish & Co.
For the Respondent:Mr. S.G. Aney, Advocate General with Ms. Geeta Shastri, Additional Government Pleader, Ms. Shruti D. Trivedi, Mrs. Pooja Khandeparkar, Mr. S.U. Kamdar, Mrs. R.V. Thakkar, Mr. Parag Vyas, Mr. Pravin Samdani, Ms. Bindi Dave, Mr. Pradeep Bakhru, Mr. Neel D'Souza, M/s. Wadia Ghandy & Co.

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. This Writ Petition under Article 226 of the Constitution of India seeks the following declarations and reliefs:

(a) That the Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order and/or direction and declare that the Maharashtra Tax Laws (Levy and Amendment) Act, 2013 insofar as it enacts the Stamp Act Amendment (Exhibit A) is ultra vires and void on account of being violative of Article 14 of the Constitution and being beyond the legislative competence and power of the State Legislature and also for being vague, arbitrary and irrational and be pleased to quash the same.

(b) That this Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order and/or direction to declare that the Maharashtra Act No. X of 2012 insofar as it enacts Registration Act Amendments (Exhibit B) is ultra vires and void on account of not only being repugnant to sub-section (f) of Section 58 of the Transfer of Property Act but also being vague, arbitrary and irrational and be pleased to quash the same.

(c) That this Hon'ble Court b











































































































































































































































































































































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