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NUPUR BHATI
Nagendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The petitioner has filed the present writ petition under Article 226 of the Constitution of India with the following prayers:-
(ii) all the subsequent proceedings initiated in relation to the case no.120/2018 instituted before the DIG Stamps, Barmer may kindly be quashed and set aside;
(iii) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the applicant.'
2. The facts apropos to the case are that the petitioner No.2 is a company, which was desirous to run a hotel and thus, it approached the petitioner No.1 to lease out the property, namely, Fort Pokaran, owned by the petitioner No.1 and accordingly a lease-deed (Annex.1) was executed on 16.09.1997 for a period of 20 years.
3. During the lease period, the petitioner No.2 was running hotel business. In the year 2014, the petitioner No.2 also ventured into the business of art and craft and since the scope of the lease-deed (Annex
The court established that independent lease deeds cannot be aggregated for stamp duty calculations, and the existence of an alternative statutory remedy precludes the invocation of writ jurisdiction....
The main legal point established in the judgment is the court's discretion to grant a decree under Order XII Rule 6 of CPC based on clear admissions in the pleadings and reply notice, especially when....
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
The correction deed executed due to clerical error should not be treated as a new instrument requiring full stamp duty, but rather charged minimal duty to complete the transaction.
In the performance of this duty, if the authority in whom the discretion is vested under the statute, does not act independently and passes an order under the instructions and orders of another autho....
Disciplinary action can be taken against quasi-judicial officers for negligence, even if the error is one of law, and lease agreements must be interpreted holistically.
Notices lacking specific details regarding deficiencies in Stamp Duty violate principles of natural justice, rendering recovery orders invalid.
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