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2006 Supreme(MP) 691

ARUN MISHRA
Babulal Gautam – Appellant
Versus
Shyam Das – Respondent


Advocates Appeared:
S. K. Pathak, for Petitioner; K. P. Khare, for Respondents.

ORDER :- Petitioner in this writ petition has assailed an order dated 13-1-2006 passed by the learned trial Court with respect to the levy on the stamp duty on the document (P-4), which relates to the management of Bhole Kuti Ashram executed by Ram Bai.

2. The trial Court has held that the said document is chargeable to stamp duty under Article 58 of Schedule 1-A of Stamp Act. It amounts to deed of settlement within the purview of Section 2(24)(c) of the Stamp Act.

3. Shri S. K. Pathak, learned counsel for the petitioner has submitted that the aforesaid document is only deed of management. By the said document trust has not been created. Document is simply with respect to the management which is chargeable under Article 7 of Schedule 1-A of Stamp Act.

4. Shri R. P. Khare, learned counsel for the respondents has submitted that settlement means document creating a trust. When executants entrusted the property to a new body of trustees created under the document. The disposition of property was for charitable purpose. Property no longer belonged absolutely to settlers. Beneficial interest got vested in beneficiaries. It has to be held that document was a settlement chargeable with duty




















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