IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, J
SUB REGISTRAR – Appellant
Versus
DALY BIJI – Respondent
| Table of Content |
|---|
| 1. common issue in writ petitions regarding stamp duty. (Para 1 , 2) |
| 2. arguments of the state vs. respondent institutions. (Para 3 , 4) |
| 3. court's analysis of the interplay of regulations. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. impugned judgments upheld; stamp duty not applicable. (Para 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 purchasers who were informed that stamp duty would have to be paid on the sale certificates issued by/to them. It was the registering authority under the Registration Act, 1908 who informed them of this requirement, when the
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