Andhra Pradesh Court October 1932 Judgments

Shahabad Cement Company Vs. H.E.H. the Nizam's Government

Court: Andhra Pradesh

Reported in: 143Ind.Cas.591

1. The Government as per their letter of Reference No. 201 dated the 31st Khurdad 1341 Fasli has referred the following point s for decision under Section 55 of the Hyderabad Stamp Act No. IV of 1331 Fasli Section 57 of Act II of 1899:(i) Whether the stamp duty on the document in question should be levied under Articles 29, 40 Clause (a) of the Stamp Act; as on a conveyance or under Clause (b) as on a bond.(ii) Has the application been properly presented to the Chief Controlling Revenue Authority for decision under Section 43 of the Hyderabad Stamp Act (Section 45 of the Indian Stamp Act No. II of 1899)? Can he pass orders irrespective of the bar of limitation?(iii) Are the present proceedings barred by limitation? Are there sufficient reasons for condoning the delay and can the delay be condoned?2. We heard the arguments of the parties and considered the materials on the record. It appears that a Debenture Trust Deed was executed by the Shahabad Cement Company Ltd. When it was present...