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Writ Petition No. 550 of 1990. Case: Ashok Bansilal Mutha & Anr. Vs State of Maharashtra & Ors.. High Court of Bombay (India)

Judgment Cited in Precedent Map Related
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Case NumberWrit Petition No. 550 of 1990
CounselFor Appellant: R.R. Mantri, Adv. And For Respondents: S.V. Kurundkar and G.P.
JudgesDharmadhikari B.P. & Deshmukh Sunil P., JJ.
IssueCivil Procedure Code
Citation2012 (6) BomCR 118
Judgement DateJuly 31, 2012
CourtHigh Court of Bombay (India)

Judgment:

Dharmadhikari B.P., J.

  1. Heard Adv. Mr. Mantri, for the petitioner, and learned G.P. Mr. Kurundkar, for the respondents. The contention is, registration of an otherwise valid document tendered by the petitioners was being denied on the strength of a ready reckoner issued when there was no legal provision in Bombay Stamp Act, 1958.

  2. Learned Counsel for petitioners states that amendment like section 32A and the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995, have come into force subsequently. He submits that even after those amendments, there are certain grounds to challenge the annual statements issued under Rule 4 thereof. He reserves right of petitioner to challenge those amendments, if occasion therefore arises in future.

  3. He submits that issue of valuation of 1990 document is likely to be opened, the moment Writ Petition is disposed of. He points out that document has been registered because of interim orders passed by this Court.

  4. Learned Government Pleader does not dispute the fact that the document has been registered because of interim orders of this Court. He contends that provisions of law would take its own course.

  5. In the light of Division Bench judgment of this Court, in the case of (Prasadnagar Cooperative Housing...

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