N. J. JAMADAR
Satish Buba Shetty – Appellant
Versus
Inspector General of Registration and Collector of Stamps – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.
2. By this petition under Article 227 of the Constitution of India, the petitioner assails the legality, propriety and correctness of an order dated 9th February, 2022 passed by the Chief Controlling Revenue Authority, Maharashtra State, Pune in Appeal No. 111 of 2021 whereby the Chief Controlling Revenue Authority was persuaded to dismiss the appeal under section 53(1A) of the Maharashtra Stamp Act, 1958 (Stamp Act, 1958) by affirming the order dated 27th April, 2021 passed by the Collector of Stamps, Borivali declining refund of the stamp duty under section 48 of the Stamp Act, 1958.
3. Shorn of superfluities, the background facts can be stated in brief as under:-
Committee GFIL vs. Libra Buildtech Private Limited and Others
Raj Kumar Dey v. Tarapada Dey (1987 (4) SCC 398)
Gursharan Singh v. New Delhi Municipal Committee (1996 (2) SCC 459)
Mohammod Gazi v. State of M.P. and others (2000(4) SCC 342)
Shaikh Salim Haji Abdul Khayumsab v/s. Kumar and Others
Busching Schmitz Pvt. Ltd. vs. P.T. Menghani & Anr.(1977) 2 SCC 835
Raj Kumar Dey & Ors. vs. Tarapada Dey & Ors. (1987) 4 SCC 398)
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