Dismissed

The Inspector Generalof v. M/S.Peps Industries Pvt. Ltd.

Madras HC21 Mar 2018REV.APPL/36/2018

Case brief

AI extract

What is this about?

This court dismissed a review application filed under Order XLVII Rule 1 CPC against a judgment in a Civil Miscellaneous Application. The court held that no error was apparent on the face of the record, specifically regarding the invocation of suo-motu powers to revise a 2008 order initiated in 2013, which exceeded the five-year limitation period under Section 47-A of the Indian Stamp Act, 1899.

What did the court decide?

The review application against the judgment dated 24.08.2017 in C.M.A No.1390 of 2017 is dismissed with no costs.

The Inspector Generalof Vs M/S.Peps Industries… — Civil Procedure and Limitation | Madras HC (2018)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 21.03.2018

¶4

CORAM

¶5

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

¶6

Review Application No.36 of 2018

¶7

The Inspector General of Registration,

¶8

100, Santhome High Road, Pattinapakkam, Chennai 600 028.

¶9

The Special Deputy Collector (Stamps) Salem, Namakkal, Dharmapuri and Krishnagiri, District Collectorate, Salem 636 001.

¶10

District Registrar, Kelamangalam Hosur Main Road, Kelamangalam, Attibela- Royakottai Road, Tamil Nadu 635 113. ... Review Petitioners vs.

¶11

M/s. Peps Industries Pvt Ltd., Having its Registered Office at S.F.No.192,7/83, Uthupalayam Road, Arasur Post, Coimbatore – 641 407. ... Respondent

¶12

Review Application has been filed under Order XLVII Rule 1 of

¶13

the Civil Procedure Code read with Section 114 of C.P.C, against the judgment and decree passed in C.M.A No.1390 of 2017 dated 24.08.2017 on the file of the High Court.

¶14

For Review Petitioners : Mrs.A.Madhumathi

¶15

Additional Government Pleader

¶16

For Respondent : Mr.S.Raghunathan

¶17

http://www.judis.nic.in

¶18

¶19

J U D G M E N T

¶20

This Review Application has been filed seeking for review of the judgment dated 24.08.2017 passed in C.M.A No.1390 of 2017.

¶21

The Review Application has been filed by the respondents in CMA No.1390 of 2017, claiming that the judgment of this Court in WP (MD) Nos.1922 of 2004 etc. dated 01.07.2007 was not brought to the notice of this Court. The Civil Miscellaneous Application itself has been allowed, on the ground that the suo-motu powers under Section 47 -A of the Indian Stamp Act, 1899, cannot be invoked after 5 years as per Section 47-A (7) (b) of the Act. The order of the Special Deputy Collector (Stamps), which is sought to be revised suo-motu dated 08.02.2008, this suo-motu proceedings were initiated on 21.06.2013 i.e., after the period of 5 years contemplated under Section 47-A (7) (b) of the Act. The judgment referred to in the batch of writ petitions, even according to the learned Government Pleader, do not cover the above issue. Hence, I do not see any error apparent on the face of the record to enable to entertain the review. The Review Petition is accordingly dismissed. No costs.

¶22

21.03.2018

¶23

¶24

http://www.judis.nic.in Index: No

Internet: Yes

Speaking order

The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028.

¶30

The Special Deputy Collector (Stamps) Salem, Namakkal, Dharmapuri and Krishnagiri, District Collectorate, Salem 636 001.

¶31

District Registrar, Kelamangalam Hosur Main Road, Kelamangalam, Attibela- Royakottai Road, Tamil Nadu 635 113.

¶32

http://www.judis.nic.in

R.SUBRAMANIAN,J.

Review Application No.36 of 2018
21.03.2018

¶37

http://www.judis.nic.in

The Inspector Generalof v. M/S.Peps Industries Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

The Inspector Generalof v. M/S.Peps Industries Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Parthasarathy Vs P.K.Kannan

P.Elavarasan Vs Mrs.a.Sujatha

S.M.Vimalraj Vs Mr.S.M.Vimalraj

Prema Suryanarayanan Vs S.Venkataraman

Tamil Nadu Inspector General Vs G. Mary Chellathai

The Sub Registrar Vs Thara Devi