Supreme Court · 1977 INSC 3 · Decided 5 January 1977

Madras Refineries LTD. v. Chief Controlling Revenue Authority, Board of Revenue, Madras

Court
Supreme Court of India
Citation
1977 INSC 3 · [1977] 2 S.C.R. 565
Case number
CIVIL APPEAL No. 709/1975
Decided
5 January 1977
Bench
A.N. RAY, M. HAMEEDULLAH BEG, P.N. SHINGAL (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Companies Act; Stamp Act Section 57

Headnote

Indian Stamp Act, 1899-Loan Agreement and Deed of Trust and Mortgage executed on the same day-Payment of stamp duty on which document to be paid-Tests for deciding. A B . The app7llant company executed a Loan and Note Purchase Agreement with a f?re1gn b~nk. Under that agreement the appellant was and ISsuanoe of secured notes, Series A and B, and the Notes were to be issued under and secured by a Deed · of Trust and Mortgage bet- ween the Company and the Bank. The Deed of Trust and Mortgage stated that as the appellant was in the process of constructing a refinery for the refining

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