Bano Saiyed Parwaz vs Chief Controlling Revenue Authority ...
Judges (2)
Case Significance
Bano Saiyed Parwaz vs Chief Controlling Revenue Authority ... is a Supreme Court of India decision dated May 17, 2024 (citation: insc-2024-443). The appellant sought refund of stamp duty of Rs. 25,34,350 paid for a conveyance deed in Mumbai that was never executed because the vendor had fraudulently sold the same property to a third party in 1992. The authorities and the Bombay High Court rejected the refund claim on grounds of limitation. The Supreme Court allowed the appeal, holding that when the State deals with a citizen it should not rely on technicalities, and that limitation may bar the remedy but not the right where the appell The bench comprised Justices B.R. Gavai and Prashant Kumar Mishra. The judgment was delivered by Justice Prashant Kumar Mishra.
Summary
The appellant sought refund of stamp duty of Rs. 25,34,350 paid for a conveyance deed in Mumbai that was never executed because the vendor had fraudulently sold the same property to a third party in 1992. The authorities and the Bombay High Court rejected the refund claim on grounds of limitation. The Supreme Court allowed the appeal, holding that when the State deals with a citizen it should not rely on technicalities, and that limitation may bar the remedy but not the right where the appellant had bonafidely paid stamp duty and was defrauded.
What was the outcome of Bano Saiyed Parwaz vs Chief Controlling Revenue Authority ...?
The appellant sought refund of stamp duty of Rs. 25,34,350 paid for a conveyance deed in Mumbai that was never executed because the vendor had fraudulently sold the same property to a third party in 1...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-443)