LAWS(SC)-2004-11-38

DISTT REGISTRAR AND COLLECTOR Vs. CANARA BANK

Decided On November 01, 2004
DISTT.REGISTRAR AND COLLECTOR, HYDERABAD Appellant
V/S
CANARA BANK Respondents

JUDGEMENT

(1.) Leave granted in SLP (C) No. 11607/ 2001.

(2.) Section 73 of the Indian Stamp Act, 1899 as incorporated by Andhra Pradesh Act No. 17 of 1986, by amending the Central Act, 1984 in its application to the State, has been struck down by the High Court of Andhra Pradesh as ultra vires the provisions of the Indian stamp Act as also of Article 14 of the Constitution. The District Registrar and Collector, registration and Stamps Department, hyderabad and the Assistant Registrar have come up in appeal by special leave. Relevant Statutory Provisions under the central Act, 1984:.

(3.) Section 73 of the Indian Stamp Act (before the insertion of the text under the impugned state legislation in its applicability to the State of Andhra Pradesh) reads as under-