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2015 Supreme(All) 132

D. Y. CHANDRACHUD, DILIP GUPTA, SUNEET KUMAR
PUSHPA SAREEN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ajay Kumar Singh, Ashish Kumar Singh and Rajendra Kumar for the Applicant; S.C., C.B. Yadav, A.A.G., Sashank Shekhar Singh, A.C.S.C. for the Opposite Party.

JUDGMENT

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The present reference to a bench of three Judges is in pursuance of the provisions of Section 57 (1) of the Indian Stamp Act 1899 (Stamp Act). The questions which have been referred to this Full Bench for determination by the Chief Controlling Revenue Authority are as follows:

“(1) Whether the registering officer can refer a document even if he does not find that the market value of the property as set forth in the instrument is less than even the market value determined in accordance with the rules made under this Act;

(2) Whether the Collector Stamps has power to fix the valuation of a plot on the assumption that the same is likely to be used for commercial purposes, and whether the presumed future prospective use of the land can be a criterion for valuation by the Collector;

(3) What should be the norms for fixing the valuation of a free-hold land viz-a-vis lease land;

(4) Whether the Collector can demand stamp duty under Section 47-A of the Stamp Act without a finding of fact that the market value as stated in the document is less than that which was actually agreed upon between the parties;

(5) Whether the orders passed



















































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