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1997 Supreme(Pat) 237

NAGENDRA RAI, M.Y.EQBAL
Chandrakant C. Adesara – Appellant
Versus
State Of Bihar – Respondent


Judgment

M.Y.EQBAL, J.

1. In the instant writ application the petitioners have challenged Rule 6 of the Bihar Stamp (Prevention of Under-valuation of Instruments) Rules, 1995 as ultravires the provisions of Indian Stamp Act, 1899 and also ultra vires Article 14 of the Constitution of India. A further prayer has been made by the petitioner for quashing the order dated 5-10-1996 issued by the District Sub-Registrar, Jamshedpur whereby the petitioner was directed to pay stamp fee amounting to Rs.1,86,538.00 and Registration fee Rs. 46,734 / - in respect of the sale deed executed on 22-6-1993 in favour of the petitioners.

2. The brief facts of the case which gave rise to filing of this writ application are as follows :One M/s. Mithila Motors (Pvt.) Ltd. through its Director, Dinesh B. Parikh had purchased a building being Holding No. 20 at Contractors Area, Bistupur, Jamshedpur by sale deed dated 23-3-1975 for a consideration of Rs. 90,000.00 . It is submitted that M/s. Mithila Motors (Pvt.) Ltd. got the valuation of the said structure from a registered valuer, the Managing Director of M/s. Mithila Motors applied for no objection certificate from the office of the Income-tax Department,























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