Supreme Court of India
State of Maharashtra and Ors. v. Atur India Pvt. Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the notice of the appellant dated 30.11.1970, the offer of the respondent dated 15.12.1970 G and the acceptance of the Collector of the tender of respondent for lease dated 1.1.1971 would merely coµstitute an agreement to lease.
Judgment, page 19
From the headnote
Bombay Stamp Duty Act, 1958: Sections 2(n), 3, Schedule I-Article 36. Tender inviting offers for lease of plot-Acceptance of lease tender without effecting actual demise-Agreement terms not proving relationship of lessor and lessee-Agreement held not of lease but only agreement to lease-Such an agreement does not fall under section 2(n) and not chargeable to duty. Agreement to lease-Clause prohibiting trans/ er or assignment of rights-When such clause is not enforced benefit under it can be assigned. Transfer of Property Act, 1882: Section 105. Agreement to lease-Agreement of leas~istinction
Where later benches applied it
Of those, 1 relied on
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