THE SUPREME COURT JUDGEMENT ON LEVY OF PENALTY BY COLLECTOR OF STAMPS UNDER SECTION 40 OF THE INDIAN STAMP ACT, 1899.
NAME MOBILE NO. E-MAIL I’D RANJEET KUMAR 8383098478 , 9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 , 9355723300 jai.thakur@courtkutchehry.com RAJEEV RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK MISHRA 9718327746 sales@courtkutchehry.com RAVI KUMAR ravi.singh@courtkutchehry.com TRUSTEES OF H.C. DHANDA TRUST vs. STATE OF MADHYA PRADESH & ORS, (2020) 09 SC CK 0029 A Fill Bench of the Supreme Court partly allowed the Appeal and modified the penalty imposed by Collector of Stamps from ten times into five times penalty .The Full Bench in its judgement expressed the view that the purpose of penalty generally is a deterrence and not retribution. When a discretion is given to a public authority, such public authority should exercise such discretion reasonably and not in oppressive manner. The responsibility to exercise the discretion in reasonable manner lies more in cases wh...