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1963 Supreme(Mad) 246

SRINIVASAN
Annamalai – Appellant
Versus
District Registrar, Madras-Chingleputt, Madras – Respondent


Advocates:
R. Viswanathan, for Petitioner; S. Mohan for Addl. Govt., Pleader, for Respondents.

ORDER : The petitioner in W.P. 415 of 1961 was a private limited company. It had borrowed various amounts from the Reliance Bank of India Ltd. and had mortgaged certain immovable properties to that bank. By a power-of-attorney executed by the petitioner on 13-8-1957, the bank was authorised to sell the immovable properties. The document was stamped with stamps of the value of Rs. 11-4-0. On presentation of the power-of-attorney for registration, the Joint Sub Registrar called for particulars of the debts due to the bank. Thereafter, the Joint Sub-Registrar impounded the document. The District Registrar in his proceedings dated 9-10-1960 passed an order to the effect that the document numbered as P. III of 1957 was a power of attorney for consideration, made out of the amount of the debts owing to the Rank, and was chargeable with a stamp duly of Rs. 7138-80 under Art. 48(e) of Schedule I of the Indian Stamp Act as amended. He called upon the petitioner to pay the deficit stamp duty and imposed a penalty of Rs. 10 as well. The correctness of the District Registrar's interpretation of the relevant provision was disputed. Subsequently, however, the Joint Registrar issued a notice to t














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