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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, J
State – Appellant
Versus
Various Banks/Financial Institutions/Auction Purchasers – Respondent
| Table of Content |
|---|
| 1. common issue of stamp duty on sale certificates (Para 1 , 2) |
| 2. sale certificate qualifies as an instrument (Para 3) |
| 3. counterargument supports original judgment (Para 4) |
| 4. interplay of registration act and kerala stamp act (Para 5 , 6) |
| 5. criteria for an instrument under stamp act (Para 7 , 8) |
| 6. registration provides security; filing is different (Para 9 , 10) |
| 7. sale certificate's status as instrument post-registration (Para 11 , 12 , 13) |
| 8. judgment affirms no stamp duty for original sale certificate (Para 14 , 15) |
D r. A.K. Jayasankaran Nambiar, J.
As these writ appeals preferred by the State involve a common issue, they are taken up together for consideration and disposed by this common judgment. The issue that arises for consideration is whether a sale certificate, issued by a bank/revenue authority to a purchaser of immovable property, pursuant to a sale conducted at the instance of a bank/financial institution/court/revenue authority of the property of a revenue defaulter, will attract the levy of stamp duty under the Kerala Stamp Act , 1959?
2. The writ petitions, from which these appeals arise, were filed by various Banks/Financial Institutions/Auction purch
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