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september 1995

Supreme Court of India · 1995-09-11

S. JAYASWAL vs STATE OF M.P.

Citation / case number
SC 1994/18829
Court
Supreme Court of India
Petitioner
S. JAYASWAL
Respondent
STATE OF M.P.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that the right to catch fish in a tank is a lease, thus making it subject to registration under Section 17 of the Indian Registration Act and liable for stamp duty under the Indian Stamp Act. The Court clarified that leases exceeding one year must be registered, as established in The Bihar Eastern Gangetic Fishermen Cooperative Society Ltd. vs. Sipahi Singh. The appellants' argument that the right constituted a mere license was rejected, affirming the necessity of a registered instrument for such leases.

S. JAYASWAL vs STATE OF M.P. · Niyam