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:1:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REFERENCE NO.02 OF 2006
Dist : Pune
The Chief Controlling Revenue and Others ..Applicants Vs. M/s.Bharat Petroleum Corporation Ltd., Mumbai ..Respondent Mr.Sunil Kale, Legal Adviser-in person for the Applicant Nos.1 and 2. Ms.Sheeja John i/b. M/s.M.P.Savla & Co. for the Respondent.
CORAM :- DR.S.RADHAKRISHNAN, D.B.BHOSALE &
SMT.V.K.TAHILRAMANI , JJ.
DATE : 15TH FEBRUARY,2007 (In chamber at 2.45 pm)
P.C.
| 1. | Heard the | Legal Adviser o | f the Applic | ant Nos | .1 | ||||
|---|---|---|---|---|---|---|---|---|---|
| and | 2, | who | is | personally | present | toda | y and |
the | learned |
| Counsel | for | the | Responde | nts. | We | have | perused | the | |
| order | dated | 5th | May,2005 | passed | by | the | Division | Bench |
and the provisions of Section 54(2) of the Bombay
Stamp Act,1959.
law, arise in the above matter:-
:2:
| 1. Whether the Memorandum of |
Un | derstanding |
||
|---|---|---|---|---|
| dated 20th October,1993 (being Exh. |
C | to the |
||
| Petition) is a Conveyance within of Section 2(g) read with Article Schedule I to the Bombay Stamp Act as it stood at the relevant time ? |
the 25 |
of | meaning the |
|
| 3. |
2. Whether the valuation of the the Collector is correct in view that the Petitioners were alread the entire plot as lessees prior to the entering of the Memorandum of Understanding ? 3. Whether the Collector was justified in imposing the penalty ? We have perused the above Civil Reference, and |
pro of y |
perty the |
by fact occupying |
| find | that the Petitioner has not filed |
the | complete | |
| statement of translations t 4. |
the case with all relevant documents and hereof. Hence, we direct the Applicant Nos.1 and 2 to |
|||
| send | the complete statement of the case |
with | all |
|
| particulars, | details and the entire record |
wit | h | full |
| translations, to the above |
to entertain the Reference, with regard three substantial questions of law. |
|||
| 5. of. |
The present Civil Reference stands disposed |
(DR.S.RADHAKRISHNAN,J.)
(D.B.BHOSALE,J.)
(SMT.V.K.TAHILRAMANI,J.)
3 issues framed by the court
Whether the Memorandum of Understanding dated 20th October,1993 is a Conveyance under Section 2(g) read with Article Schedule I to the Bombay Stamp Act?
Whether the valuation of the Collector is correct in view of the fact that the Petitioners were already in occupation of the entire plot as lessees prior to entering the Memorandum of Understanding?
Whether the Collector was justified in imposing the penalty?
2 provisions across 2 enactments
Chief Controlling Revenue
M/s.Bharat Petroleum Corporation Ltd., Mumbai
S.Radhakrishnan
D.B.Bhosale
V.K.Taһilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
