KAPUR SINGH Vs. DALBARA SINGH

JUDGEMENT

(1.) One of the questions debated in this case is as to whether a promissory note executed in the year 1972 requires to be stamped with "Refugee Relief" Additional Stamp. There are two decisions of this Court on the subject. In Jagmali Singh v. Gajju Singh, 1978 Rev LR 131, it was held by Tewatia, J. that such a document does not require "Refugee Relief" stamp in view of S. 3-B of the Stamp Act. The said decision was later on followed in R.S.A. No. 1565 of 1978, Walaiti Ram v. Harnek Singh decided on September 3, 1990, by G. R. Majithia, J. With great respect to the Judges dealing with the aforesaid two cases I beg to differ with the view expressed therein.

(2.) Section 3-A of the Stamp Act, as amended by the Central Act No. 4 of 1971, requires that promissory note must bear the "Refugee Relief" stamp of ten paise (additional duty). Promissory note is entered in the Union List 1 at Item No. 91, 7th Schedule attached to the Constitution and is thus a Central subject. The Central Government was competent to enact S. 3-A providing additional duty (Refugee Relief) stamp to be paid on instruments covered by several items mentioned therein which also includes Art. 49 of Schedule I attached to the Stamp Act relating to promissory note. Subsequently Punjab Government enacted S. 3-B of the Stamps Act under President Act 24 of 1971 as under:-

(3.) For the reasons stated above, the papers of this case may be laid before Hon'ble the Chief Justice for referring the aforesaid question for decision to the larger Bench.