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Legislation

Bombay Stamp Act, 1958

7 Supreme Court judgments cite this Act.

VEENA HASMUKH JAIN AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

1999 INSC 2828 January 1999Dismissed

The appellants entered into an agreement for sale of a flat under Section 4 of the Maharashtra Ownership Flats Act, paid the required registration fee and later had the agreement impounded with a demand for stamp duty under Section 32A of the Bombay Stamp Act. They contended that the document was merely an agreement fo

HANUMAN VITAMIN FOODS PVT. LTD. AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

2000 INSC 34420 July 2000Dismissed

The appellants, members of a co‑operative society, transferred five shares to other members via an instrument dated 31 March 1986. The Superintendent of Stamps treated the instrument as a conveyance of property and demanded stamp duty under Article 25(b)(i) of the Bombay Stamp Act, 1958. The Bombay High Court upheld th

SHANKAR BALWANT LOKHANDEversusCHANDRAKANT SHANKER LOKHANDE

1995 INSC 18720 March 1995Appeal(s) allowed

The parties obtained a preliminary decree in a partition suit allocating a 1/6th share to the first respondent and a 5/6th share to the appellants. Although the court directed the preparation of a final decree in 1958, the final decree could not be engrossed because the appellants failed to supply non‑judicial stamps.

HINDUSTAN LEVER AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

2003 INSC 64418 November 2003Dismissed

Hindustan Lever Ltd. challenged the levy of stamp duty by the State of Maharashtra on the High Court order sanctioning its amalgamation with Tata Oil Mills Ltd. The appellants argued that the order was a judicial decree, not an "instrument" under the Bombay Stamp Act, and that the State lacked constitutional competence

RAMESH MISHRIMAL JAINversusAVINASH VISHWANATH PATNE & ANR.

2025 INSC 21313 February 2025Dismissed

The appellant, Ramesh Mishrimal Jain, entered into an agreement to sell dated 03‑09‑2003 with the mother of respondent No.1 concerning a house in Khed. The agreement stipulated that the appellant was already in possession of the property as a tenant and that ownership possession would transfer only after execution of a

MUNICIPAL CORPORATION OF GREATER MUMBAI & ORSversusPROPERTY OWNERS’ ASSOCIATION & ORS.

2022 INSC 11817 November 2022Disposed off

The Supreme Court examined the validity of the Mumbai Municipal Corporation Act’s amendment that shifted property tax assessment from rateable value to capital value, and the accompanying Capital Value Rules of 2010 and 2015. It held that the rules allowing the Commissioner to factor in future development potential (su

STATE OF MAHARASHTRA & ANR.versusNATIONAL ORGANIC CHEMICAL INDUSTRIES LTD.

2024 INSC 2705 April 2024Dismissed

National Organic Chemical Industries Ltd. increased its authorized share capital from Rs.600 crores to Rs.1,200 crores and paid Rs.25 lakh stamp duty on the Form No.5 notice filed under Section 97 of the Companies Act, 1956. The company later sought a refund, arguing that the Articles of Association— the only instrumen

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