THE RUBY SALES AND SERVICES (P) LTD. AND ANR. versus STATE OF MAHARASHTRA AND ORS.

THE RUBY SALES AND SERVICES (P) LTD. AND ANR. versus STATE OF MAHARASHTRA AND ORS.

A consent decree transferring property expressly falls within the definition of 'conveyance' and 'instrument' under sections 2(g) and 2(1) of the Bombay Stamps Act, 1958, and is thus liable to stamp duty according to the Act.

Source-derived case information.

Parties
Appellant: THE RUBY SALES AND SERVICES (P) LTD.; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
28 October 1993
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals dismissed
Legal Topics
Consent Decrees, Conveyance, Stamp Duty Liability, Definition of Instrument
Property Law Stamp Duty Consent Decrees Conveyance Stamp Duty Liability Definition of Instrument

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Parties

THE RUBY SALES AND SERVICES (P) LTD.

Appellant

State of Maharashtra

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether a consent decree conveying title to immovable property amounts to a 'conveyance' or an 'instrument' under the Bombay Stamps Act, 1958
  2. 2 Whether such a decree is liable for payment of stamp duty

Ratio Decidendi

A consent decree transferring property expressly falls within the definition of 'conveyance' and 'instrument' under sections 2(g) and 2(1) of the Bombay Stamps Act, 1958, and is thus liable to stamp duty according to the Act.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed with costs