Legacies treated as general for purpose of abatement

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Trustees of H. C. Dhanda Trust Trustee, Jogesh vs The State of Madhya Pradesh Collector Indore

   Supreme Court of India 17 Sep 2020 Binding (SC) Reportable

   Court's Decision & Legal Precedent

   When a discretion is vested by statute in a public authority to impose penalty not exceeding ten times the proper duty or deficient portion thereof under Section 40(1)(b) of the Indian Stamp Act, 1899, such discretion must be exercised reasonably and not in an oppressive manner. The imposition of extreme penalty of ten times is not automatic or mechanical but requires consideration of relevant factors including the conduct of the party, intent, fraud, deceit, and circumstances of the case. Mere intention to evade duty is insufficient to justify the maximum penalty; it is only in very extreme situations that the maximum penalty should be imposed. The purpose of penalty is deterrence and not retribution.

   On this section: Provisions relating to Deed of Assent and transfer of property by executors/trustees

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.