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1992 Supreme(Guj) 307

D.G.KARIA, M.B.SHAH
VIMPSON PRECISION PRIVATE LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.S.KOTHARI, B.J.JADEJA, B.R.SHAH, D.G.CHAUHAN, H.M.BHAGAT, I.M.BENGALI, J.R.Nanavati, P.M.THAKKAR, R.M.CHHAYA, RAJESH DAVE, S.N.Soparkar, V.P.Chaudhary

SHAH, J.

( 1 ) ). In this group of matters, the petitioners have challenged the order dated 6/04/1992 issued by the State Government in exercise of its powers under clause (a) of Sec. 9 of the Bombay Stamp Act, 1958 (hereinafter referred to as "the Stamp Act") superseding previous Government orders including an order dated 28/03/1987 issued under Sec. 9 (a), and providing for remission or reduction, with effect from 1/04/1992, of the duty payable on the instrument of mortgage deed, as defined in clause (p) of Sec. 2 of the Stamp Act, executed by any person on behalf of any industrial undertaking in favour of any of the Financial Institutions specified in Annexure i and also executed by or on behalf of any of the said Financial institutions, for securing repayment of loan advanced or to be advanced to such industrial undertaking.

( 2 ) ). Questions involved in these petitions are : (i) from which date the order dated 28/03/1987 stands cancelled or superseded ? and (ii) whether the order dated 6/04/1992 published in the Official Gazette on 2/07/1992 could have retrospective effect from 1/04/1992 ?

( 3 ) ). Admittedly, the order dated 6/04/1992 (Annexure "a") is published in the Officia















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