A Division Bench dismissed a writ petition challenging the validity of the proviso to Section 65(1) of the Rajasthan Stamp Act, holding the matter squarely covered by a prior 2007 judgment upholding the provision's validity.
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[2024:RJ-JD:3857-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 1947/2006
Radha Vallabh Maheshwari
----Petitioner
Versus
State And Anr.
| ----Respondents |
|---|
| For Petitioner(s) | : None Present |
|---|---|
| For Respondent(s) | : Mr. Sandeep Shah, AAG |
| Ms. Akshiti Singhvi |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Judgment / Order
24/01/2024
Vide this writ petition, the petitioner has essentially challenged the validity of the proviso to Section 65(1) of the Rajasthan Stamp Act.
Learned counsel for the respondents has submitted that the validity of the proviso to Section 65(1) of the Rajasthan Stamp Act has already been upheld by the Division Bench of this Court vide judgment dated 1st November, 2007 rendered in Choksi Heraeus Pvt. Ltd. Vs State and Ors. reported in RLW 2008(2) RAJ. 1796 . It is submitted that the controversy raised in this petition is squarely covered by the above-referred decision.
Having heard learned counsel for the respondents and after going through the contents of the writ petition, we have no doubt that since the validity of proviso to Section 65(1) of the Rajasthan Stamp Act has already been upheld, this writ petition challenging the validity of the same is liable to be dismissed in terms of the
[2024:RJ-JD:3857-DB]
[CW-1947/2006]
(2 of 2)
Division Bench’s judgment of this Court passed in Choksi Heraeus Pvt. Ltd.’s case (supra).
Hence, this writ petition is dismissed in terms of the judgment rendered in Choksi Heraeus Pvt. Ltd.’s case (supra).
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
1-DivyaTak/-
1 issue framed by the court
Whether the writ petition challenging the validity of the proviso to Section 65(1) of the Rajasthan Stamp Act is maintainable being covered by a prior Division Bench judgment.
Colour shows how this judgement treated each authority
Choksi Heraeus Pvt. Ltd. Vs State and Ors.Distinguished¶13
Choksi Heraeus Pvt. Ltd. Vs State and Ors., RLW 2008(2) RAJ. 1796
Radha Vallabh Maheshwari
State
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
