Full Judgment Text
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CASE NO.:
Writ Petition (civil) 379 of 1995
PETITIONER:
KAMLESH P. OZA AND ORS.
Vs.
RESPONDENT:
THE STATE OF MAHARASHTRA
DATE OF JUDGMENT: 20/07/2000
BENCH:
M.B. Shah & S.N. Variava.
JUDGMENT:
S. N. VARIAVA,J.
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All the Petitioners are nationals and citizens of India.
They are all residents of Bombay. By this Petition, under
Article 32 of the Constitution of India, the Petitioners
seek to challenge levy of stamp duty on a transfer of shares
in a Co-operative Housing Society on the basis that such
agreements are conveyances. It is contended by the
Petitioners that the State Legislature has no competence to
levy stamp duty on transfer of shares in a Housing
Co-operative Society, where the transferee, as an incident
of membership, is entitled to the use and occupation of the
premises belonging to the co-operative society. The
Petitioners point out that this question is already pending
in Civil Appeal No. 3707 of 1990 before this Court. Thus,
the questions raised in this Petition are identical to those
raised in Civil Appeal No. 3707 of 1990, viz., (a) whether
the transfer of shares in the Co-operative Society is
subject to levy of stamp duty under the Bombay Stamp Act,
1958 and (b) whether the State Legislature has legislative
competence to levy stamp duty on a transfer of shares.
By a Judgment passed today in Civil Appeal No. 3707 of@@
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1990, that Civil Appeal stands dismissed. For the reasons@@
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set out therein, this Writ Petition also stands dismissed.@@
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