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.