Supreme Court of India

Nasiruddin & Anr. Etc. v. The State of Uttar Pradesh through Secretary & Ors

Neutral citation
Reported as [2017] 12 S.C.R. 1073
Bench Abhay Manohar Sapre and Navin Sinha JJ.
Decided 6 December 2017

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 are of the considered opinion that the contract in question is a "Lease" as defined in Section 2( 16)( c) of the Stamp Act and is accordingly chargeable to payment of stamp duty as per the rates prescribed in Article 35 of Schedule I of the Stamp Act as "Lease".

Judgment, page 10

From the headnote

Stamp Act, 1899 - ss. 2(12). 2(14), 2(16) and Art.35 of Schedule I - Respondent No.3-Corporation and appellants entered into a formal contract - Each appellant was to carry out the work c of collection of "Tehbazari" and "Parking Fees" in terms of contract - Dispute arose as to the true nature of the contract and stamp duty payable by the appellants - Corporation demanded requisite stamp duty payable under the Stamp Act whereas as per Collector of Stamps the appellants were liable to pay stamp duty@ Rs. 701- per thousand on the contract amount treating the co/lfract as Lease - High Court

Where later benches applied it

Of those, 1 relied on

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