1993 PLP 1850 (CLC)
| Citation | 1993 PLP 1850 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Salahuddin Mirza, J |
| Parties | |
| Primary Law | Insolvency Act (III of 1909)‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 1850 (CLC)?
This judgment primarily cites: Insolvency Act (III of 1909)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1850 (CLC)?
The case was heard and decided by the Karachi bench comprising: Salahuddin Mirza, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1850 (CLC) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 30th August, 1992.
Headnotes / Summary
‑‑‑‑S. 115‑‑‑Stamp duty‑‑‑Exemption from‑‑‑Reference of Official Assignee showed that draft of sale certificate submitted on part of Insolvent/Debtor stood approved by Official Assignee, but he demanded stamp duty‑‑‑ Purchaser in the cricumstances of the case sought protection of S. 115 of the Act under which certain transferees were exempt from stamp duty‑‑‑Stamp duty was exempted and Official Assignee directed to proceed with matter accordingly. Muhammad Aqil for the Purchaser. A.D. Cruz for the Creditor.
Judgment & Decree
Muhammad Aqil for the Purchaser. A.D. Cruz for the Creditor. Date of hearing: 30th August, 1992. None is present for the insolvent and, as such, the hearing of CMA No. 2484/91 is adjourned.
2. As would appear from the reference of the Official Assignee dated 21‑5‑1992, the draft of sale certificate submitted by Mr. Aqil stands approved by the Official Assignee but he demanded stamp duty whereupon the purchaser sought protection of section 115 of Insolvency Act under which certain transfers are exempt from stamp duty. I have gone through the said provision of law and agree with Mr. Aqil that stamp duty in the present circumstances is exempted under section 115 of the Insolvency Act. The Official Assignee shall proceed with the matter accordingly. H.B.T./N‑481/K Order accordingly.