Supreme Court of India

Smt. Har Devi Asnani v. State of Rajasthan & Others

Neutral citation
Reported as [2011] 11 S.C.R. 599
Bench R.V. Raveendran and A.K. Patnaik JJ.
Decided 27 September 2011

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the proviso to Section 65(1) of the Act, requiring deposit of 50% of the demand before a revision is entertained against the demand is only a condition for the grant of the right of revision and the proviso does not render c the right of revision illusory and is within the legislative power of the State legislature.

Judgment, page 12

From the headnote

RAJASTHAN STAMP ACT, 1998: s. 65(1), proviso -Revision of order determining the c stamp duty - Requirement of deposit of 50% of recoverable amount - HELD: Proviso to s.65(1) is constitutionally valid - The right of appeal or revision is not an absolute right, but is a statutory right which can be circumscribed by the conditions in the grant made by the statute -Revision. CONSTITUTION OF IND/ , 1950: Article 226 - Writ petition challenging the order determining the stamp duty dismissed by High Court on the ground of alternative remedy of revision uls 65 of Rajasthan Stamp Act - Held: Single

Where later benches applied it

Of those, 1 relied on · 1 referred to

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