Disposed

W.Shairabhanu v. the Ig of Registration

Madras HC12 Mar 2021CMA/1078/2013

Case brief

AI extract

What is this about?

The court disposed of a C.M.A. challenging an order that returned appeal papers for compliance without adjudicating on merits. The court held the appellant was at liberty to re-file the appeal below according to procedure and closed the current appeal.

What did the court decide?

Civil Miscellaneous Appeal stands disposed. Connected Miscellaneous Petition is closed. No order as to costs.

W.Shairabhanu Vs the Ig of Registration — Pension and Retirement Benefits | Madras HC (2021)

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In the High Court of Judicature at Madras

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Dated: 12.03.2021

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Coram

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The Honourable Mr. Justice S.M.SUBRAMANIAM

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C.M.A.No.1078 of 2013

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and

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M.P.No.1 of 2015

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W.Shairabhanu ... Appellant Vs. The Inspector General of Registration, Office of I.G. of Registration, Santhome, Chennai. ... Respondent

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Prayer: This Civil Miscellaneous Appeal is filed under Section 47-A(10) of the Indian Stamp Act 2/ 1899 r/w. 151 of C.P.C., to set aside the order passed by the respondent in his proceedings in M.U.M.U.44223/N1/2011 dated 15.02.2012 in the appeal filed before I.G. of Registration against the final order passed by the DRO (Stamps) Collectorate, Chennai in his proceedings in Na.Ka.C.Pa.No.17/11/AH dated 20.07.2011 which was served on the petitioner on 11.08.2011 on cancelling the wrong fixation of value on the building as Rs.3,89,408/- and fixation of Rs.55,168/- towards stamps and fix the value of the building taking the building is aged about more than 50 years on accepting the value of building as Rs.1 lakh for fixing the stamps for the building value under Section 47 A(1)(3) of the Act and release the document to the appellant.

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For Appellant : Mr.V.Subbarayan

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For Respondent : Mr.T.M.Pappiah Spl. Government Pleader

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The Civil Miscellaneous Appeal on hand is preferred under Section 47-A(10) of the Indian Stamp Act, 1899, challenging the order dated 15.02.2012 passed by the Inspector General of Registration, Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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The said order reveals that it is nothing but return of the appeal papers for certain compliance. The issues are not adjudicated on merits in the impugned order. The appeal papers were returned back to the appellant for the purpose of compliance. Thus, the appellant is at liberty to peruse the appeal and file before the Inspector General of Registration under Section 47-A(5) of the Indian Stamp Act, if the appeal is otherwise in order and according to the procedures contemplated. With this liberty, the Civil Miscellaneous Appeal stands disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs.

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Sd/-
Asst.Registrar (CS IV )
/true copy/
Sub Asst. Registrar
DP
To
1.The Inspector General of Registration,
Office of I.G. of Registration,
Santhome,
Chennai.
2.The Record Keeper,
V.R. Section, High Court, Madras.
+1 cc to M/s.Government Pleader sr16704
C.M.A.No.1078 of 2013
and
M.P.No.1 of 2015
aab(co)
aa09/04/2021

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https://hcservices.ecourts.gov.in/hcservices/

W.Shairabhanu v. the Ig of Registration

Case brief

What is this about?

What did the court decide?

W.Shairabhanu v. the Ig of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

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