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2012 Supreme(All) 635

SUNIL HALI
RATNA SHANKER DWIVEDI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rahul Sahai for the Petitioner; M.C. Chaturvedi and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sunil Hali, J.—The Stamp Act is a fiscal measure enacted with an object to secure revenue for the State on certain classes of instruments. It is not enacted to arm a litigant with a weapon of technicality to meet the case of his opponent. The stringent provisions of the Act are conceived in the interest of the revenue. Once that object is secured according to law, the party staking his claim on the instrument will not be defeated on the ground of initial defect in the instrument. The sole object of Stamp Act under its various provisions is to require the parties concerned to set forth correct market value of the property at which the transaction has taken place so that appropriate duty in accordance with the Act is paid by them to avoid large scale evasion of stamp duty. It also mandates that while setting forth the correct market value of the property in dispute the competent authority must not apply their mind in a fact fashion and in a haphazard way.

2. The facts shorn of details are that the petitioner purchased 0.222 hectare of agricultural land through a registered sale deed dated 18.5.2004 executed by one Ashok Kumar Mishra son of Sri Gokul Prasad Mishra, who









































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