Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

Punjab and Haryana High Court Sets Aside Time-Barred Proceedings in Stamp Duty Case

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Punjab and Haryana High Court declared the proceedings initiated under Section 47-A of the Indian Stamp Act, 1899 as time-barred and set them aside. The case involved a petition filed by M/s Microtek Buildwell Private Limited against the State of Haryana and others. The court ruled that the proceedings, which were initiated after a period of more than nine years from the execution of the sale deed, were clearly barred by limitation.

Justice Gurvinder Singh Gill, presiding over the bench, emphasized the provision of Section 47-A(3) of the Indian Stamp Act, which specifies a three-year limitation period from the date of execution of the sale deed for initiating such proceedings. The court quoted, “A perusal of the aforesaid provisions shows that it is provided in unambiguous terms that the proceedings under Section 47 of the Indian Stamp Act can be initiated within a period of 3 years from the execution of the sale deed.”

The court accepted the arguments presented by the petitioner’s counsel, Mr. Akshay Kumar Jindal, who highlighted that the proceedings were initiated at the instance of the vendor’s greed and were motivated by the subsequent increase in the value of the area. The court also noted that the complainant had previously filed a civil suit, which was dismissed due to the non-affixation of ad-valorem court fee.

The judgment further mentioned that the nature of the land at the time of execution of the sale deed is the relevant consideration for assessing the stamp duty, and subsequent changes in the land’s nature or value cannot be taken into account. The court concluded that the entire proceedings initiated against the petitioner, including the impugned order passed by the Commissioner, Gurugram Division, Gurugram, should be set aside.

This judgment serves as a significant decision clarifying the time limitation for initiating proceedings under Section 47-A of the Indian Stamp Act, providing clarity and certainty to parties involved in stamp duty matters.

Justice Gurvinder Singh Gill, in the judgment, stated, “A perusal of the aforesaid provisions shows that it is provided in unambiguous terms that the proceedings under Section 47 of the Indian Stamp Act can be initiated within a period of 3 years from the execution of the sale deed.”

Mr. Akshay Kumar Jindal, the counsel for the petitioner, argued, “The proceedings, as a matter of fact, have been initiated at the instance of the vendor on account of his greed since on account of subsequent development of the area, the value of the property stands enhanced.”

Date of Decision: 18.07.2023

M/s Microtek Buildwell Private Limited vs State of Haryana and others 

Latest Legal News