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1992 Supreme(Guj) 125

K.R.VYAS, M.B.SHAH, R.A.MEHTA
GORVA VIBHAG CO-OPERATIVE HOUSING SOCIETIES association – Appellant
Versus
STATE – Respondent


Advocates Appeared: G.N.DESAI, H.M.BHAGAT, J.M.THAKAR, K.C.SHAH, M.C.BHATT, N.R.THAKKAR

M. B. SHAH, J.

( 1 ) IN this group of petitions, the validity of Sec. 76 of the Bombay stamp Act, 1958, which is enacted after obtaining the Presidents assent on june 1958, and Sees. 32a and 32b read with Art. 20 (a) and (b) of Schedule i to the Act as amended by the Gujarat Act 21 of 1982, is challenged on various grounds. By amendment of Art. 20 (a) and (b), it is provided that the stamp Duty on conveyance is to be charged on the basis of the consideration for such conveyance or, as the case may be, the market value of the property which is the subject-matter of such conveyance whichever is greater.

( 2 ) THE learned Advocate for the petitioners raised the following contentions at the time of hearing of these matters : i. Section 76 of the Bombay Stamp Act read with Schedule II insofar as it repeals the Central Act (Indian Stamp Act, 1899) is beyond the legislative competence of the State Legislature. II (a) It is beyond the legislative competence of the State Legislature to amend Sees. 32, 32a and 32b and Art. 20 (a) and (b) of the First schedule to the Bombay Stamp Act, 1958. (b) Notwithstanding the amendment in the aforesaid Section and Art. 20 (a) and (b), the provisions of th








































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