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1985 Supreme(MP) 521

J.S.VERMA, B.M.LAL
STEEL AUTHORITY OF INDIA LTD – Appellant
Versus
COLLECTOR OF STAMPS – Respondent


Advocates Appeared:
A.K.Khaskalam, G.M.Chaphekar, S.L.SAXENA,

JUDGMENT :

( 1. ) THIS order shall also dispose of Misc. Petition Nos. 1418/81, 2076/83, 2077/83, 2078/83 and 2949/84.

( 2. ) THE short question for decision relates to the mode of computation of stamp duty on the instruments of mining lease in Form K prescribed in accordance with Rule 31 of the Mineral Concession Rules, 1960. Article 35 in Schedule 1-A of the Indian stamp Act, 1899, as amended in its application to the State of Madhya Pradesh, prescribes the stamp duty payable on a lease and clause (a) therein provides for the lease deeds "whereby such leasee the rent is. fixed and no premium is paid or delivered," section 26 of the Stamp Act applies where value of the subject-matter is inderminate. The question really is whether section 26 applies and has to be read along with Article 35 in these cases relating to payment of stamp duty on instruments renewing mining leases or not. The petitioners contention is that section 26 has no application whereas the respondents contend that it applies. Applicability of section 26 is, therefore, the real controversy between the parties.

( 3. ) ALL these cases relate to renewal of mining leases and the question is of the stamp duty payable on t







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