M/s. Electronic Industries of India vs U.P. Financial Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1980 Supreme(Online)(All) 4

ALLAHABAD HIGH COURT
A. K. Sikri, J
M/s. Electronic Industries of India – Appellant
Versus
U.P. Financial Corporation – Respondent

Table of Content
1. scope and definitions of duties under applicable acts. (Para 1 , 2)
2. differences between the stamp act and town improvement act in terms of duty application. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. interpretation of simple mortgage and its classification under the law. (Para 15 , 16 , 17)
4. final ruling on the applicability of penalties and impounding. (Para 18)

1. The questions referred to us for opinion under S.57 of the Indian Stamp Act are : -
1. Whether an instrument of simple mortgage (Mortgage without possession of immovable property situated in an area to which the U.P. Town Improvement Act 1919 (VIII of 1919) as amended by the Local. Self - Government Laws (Amendment) Act, 1966 (XXIX of 1966) has been made applicable) is a deed of transfer of immovable property within the meaning of S.67 - H of the said Act ?
2. Whether a public officer is barred from impounding (a document) under S.33 and the Collector is barred from imposing any deficit duty and penalty under S.40 and realising the same under S.48 of the Stamp Act on a deed of transfer of immovable property situated in an area to which the U.P. Town Improvement Act, 1919 applied, on whi