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G. R. SWAMINATHAN
S. R. Trust Rep. by its Trustee, G. Sakthi Saravanan, Meenakshi Mission Hospital & Research Centre, Madurai – Appellant
Versus
Inspector General of Registration, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent in his proceeding No.31870/P1/2020 dated 01.12.2020 rejecting the appeal filed by the petitioner trust and confirming the order passed by the second respondent under Section 40(1)(b) of the Stamp Act in its proceeding No.922/B1/2020 dated 21.02.2020, quash the aforesaid proceedings of the first and second respondent and direct to release of the document Memorandum of Understanding executed between the petitioner trust and fourth respondent dated 27.04.2019 (pending document No.P.02 of 2019 dated 19.07.2019) after collecting the stamp duty in terms of Art.5(c) (ii) of the Schedule to the Indian Stamp Act, 1899, forthwith.)
1. The petitioner is a registered public trust. It is running a hospital in the name of Meenakshi Mission Hospital and Research Centre, Madurai. It entered into a Memorandum of Understanding with one Sunmed Healthcare Private Limited, Madurai which offered to build a new hospital in the land adjacent to the trust hospital. The Memorandum of Understanding dated 27.04.2019 wa
The main legal point established in the judgment is the distinction between lease and license as per the Indian Stamp Act, 1899, and the treatment of lease renewal and security deposit for stamp duty....
An Agreement to Lease which does not create a present demise is classified as a license, not subject to stamp duty as a lease under relevant statutory provisions.
An agreement for a future lease contingent on construction does not constitute a lease and cannot be impounded for stamp duty until the property exists.
The main legal point established in the judgment is the interpretation of the nature of the document, the requirement for registration and stamp duty, and the duty of the Court to ensure compliance w....
A lease agreement is not subject to increased stamp duty under construction law provisions when alterations by tenants require landlord consent, as it does not constitute a development agreement.
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