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.