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2011 Supreme(All) 1852

PANKAJ MITHAL
KAYESS FLOUR MILLS PVT. LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Vinod Sinha and Manesh Sharma for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Extraordinary writ jurisdiction of the Court has been invoked by the petitioners so as to challenge the order dated 12.1.2010 passed by the Chief Controlling Revenue Authority in Stamp Revision No. 243 of 2008-09 arising from proceedings under Section 47-A of the Indian Stamp Act, 1899 (hereinafter referred to as Act) decided on 23.8.2002 by the District Magistrate/Collector, Chandauli.

2. Petitioner No. 1 is a Joint Stock Company within the meaning of Section 566 of the Companies Act, 1956 (hereinafter referred to as Companies Act) whereas petitioner No. 2 is one of its directors.

3. A partnership firm having seven parters owned a flour mill in the name and style of Kanudia Flour Mills at Dulhaipur, Mughalsarai, Chandauli and other properties. The aforesaid partnership was converted into a Joint Stock Company under Part IX of the Companies Act with the new name Kayess Flour Mills Pvt. Ltd. and a certificate of incorporation was duly issued to it on 3.8.98 by the Registrar Companies at Calcutta. Thus, by virtue of Section 575 of the Companies Act all properties belonging to or vested in partnership firm became the properties of the company by operati











































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