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december 2018

Supreme Court of India · 2018-12-14

Gangappa vs Fakkirappa

Citation / case number
AIR 2019 SUPREME COURT 90
Court
Supreme Court of India
Petitioner
Gangappa
Respondent
Fakkirappa
Author
Ashok Bhushan
Bench
Ajay Rastogi, Ashok Bhushan

Judgment text excerpt

The Supreme Court held that under Section 34 of the Karnataka Stamp Act, 1957, the penalty for insufficiently stamped documents must be levied at ten times the deficit duty, as mandated by the statute. The Court found that the High Court correctly interpreted this provision, overruling the trial court's discretion to impose a lesser penalty of two times. Consequently, the Supreme Court upheld the High Court's directive to levy the penalty at the statutory rate, thereby dismissing the appeal.

Gangappa vs Fakkirappa · Niyam