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february 2008

Supreme Court of India · 2008-02-25

Government Of Andhra Pradesh & Ors vs Smt. P. Laxmi Devi

Citation / case number
AIR 2008 SUPREME COURT 1640
Court
Supreme Court of India
Petitioner
Government Of Andhra Pradesh & Ors
Respondent
Smt. P. Laxmi Devi
Author
Markandey Katju
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the Andhra Pradesh High Court's declaration that Section 47A of the Indian Stamp Act, as amended by A.P. Act 8 of 1998, is unconstitutional. The Court found that the requirement for a party to deposit 50% of the deficit stamp duty as a condition precedent for a reference to the Collector violated principles of natural justice. The Court emphasized that such a provision could lead to unjust financial burdens on parties involved in property transactions, thereby infringing their rights.

Government Of Andhra Pradesh & Ors vs Smt. P. Laxmi Devi · Niyam