CHIEF COMMISSIONER DELHI Vs. DELHI CLOTH AND GENERAL MILLS COMPANY LTD

JUDGEMENT

(1.) This is an application under Articles 132 (1) and 133 (1) (a) (b) and (e) of the Constitution for a certificate.

(2.) Delhi Cloth and General Mills Ltd. floated debenture loan of Rs. 2.5. crores and executed a debenture trust deed on 10th April, 1962, lnortigaging some of its properties for securing the repayment of the said loan. The Collector of Stamps, Delhi, assessed the stamp duty on the debenture trust deed at Rs. 2,50,300.00 under the Indian Stamp Act. When the dabenture trust deed was presented before the Sub-Registrar, Delhi, on the 14tb May, 1962 for registration the Sub-Registrar demanded a sum of Rs. 1,25, 157.50 np. as registration fee in pursuance of notification on No.F. 12 (20) /52-GAR, dated the 15th December, 1952, issued undar sections 78 and 79 of the Indian Registration Act, 1908. The respondents challenged the validity of the said notification on the ground that in reality the levy was a tax and not fee and it was consequently illegal, void and unconstitutional. A Bench of this Court allowed the writ petition by judgment dated the 7th of May 1964.

(3.) Mr. Shankar the learned counsel for the applicants coatends that. the amount or value of the subject-matter of the dispute in this Court and appeal to the Supreme Court is far above Rs. 20.000.00 and therefore they are entitled to a certificate under Article 133 (1) (a). Ha further submits that the case is also fit one for appeal to the Supreme Court and a certificate should be granted under Article 133 (1) (e).