2010 (7) TMI 1237 - SC - Indian Laws

Summary

The Supreme Court considered the issue of whether Rule 59(B) of the Rajasthan Stamp Rules, 1955 was ultra vires Section 47A of the Rajasthan Stamp Act, 1899. Rule 59(B) pertains to the procedure for the assessment of the market value of property by the Registering Officer, while Section 47A deals with undervalued instruments and the determination of market value by the Collector. The High Court had held Rule 59(B) to be ultra vires, leading to the appeal.The Court applied the principle of harmonious construction to reconcile Rule 59(B) with Section 47A. It emphasized that the Court should uphold the validity of a provision unless it is clearly ultra vires. The Court found that the assessment determined under Rule 59(B) by the District Level Committee, also known as the circle rate, should not prevent the Registering Officer from referring the matter to the Collector under Section 47A if the Officer believes the actual market value exceeds the circle rate. The Court held that Rules cannot override the provisions of the Act and that the Registering Officer has the discretion to disagree with the District Level Committee's assessment and refer the matter to the Collector in certain situations.In conclusion, the Court set aside the High Court's judgment, ruling in favor of harmonizing Rule 59(B) with Section 47A. The Appeals were disposed of without costs.