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february 2011

Supreme Court of India · 2011-02-17

State Of Uttarkhand & Ors vs Harpal Singh Rawat

Citation / case number
AIR 2011 SUPREME COURT 1506
Court
Supreme Court of India
Petitioner
State Of Uttarkhand & Ors
Respondent
Harpal Singh Rawat
Bench
Asok Kumar Ganguly, G.S. Singhvi

Judgment text excerpt

The Supreme Court addressed the issue of stamp duty on a lease agreement for toll tax collection under the Indian Stamp Act, 1899. The Court held that the stamp duty should be assessed under Article 35 of Schedule I-B of the Act, contrary to the respondent's claim for Article 57, establishing that the nature of the agreement constituted a lease rather than a security bond. The appeal was allowed, setting aside the High Court's order that had relied on previous judgments without proper consideration of the lease's terms.

State Of Uttarkhand & Ors vs Harpal Singh Rawat · Niyam