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february 2008

Supreme Court of India · 2008-02-25

GOVERNMENT OF A.P. vs P. LAXMI DEVI

Citation / case number
SC 2001/16313
Court
Supreme Court of India
Petitioner
GOVERNMENT OF A.P.
Respondent
P. LAXMI DEVI
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU H.K. SEMA

Judgment text excerpt

The Supreme Court examined the constitutionality of Section 47A of the Indian Stamp Act, as amended by A.P. Act 8 of 1998, which mandates a 50% deposit of deficit stamp duty before a reference to the Collector can be made. The Court held that this provision is unconstitutional as it imposes an unreasonable condition on the right to seek a determination of market value and proper duty, thereby infringing upon the principles of natural justice. Consequently, the Court upheld the High Court's decision declaring the provision unconstitutional.

GOVERNMENT OF A.P. vs P. LAXMI DEVI · Niyam