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Showing contexts for: equitable assignment in G.S.R. Industries vs Commissioner Of Survey, Settlements ... on 26 March, 2003Matching Fragments
3. The learned counsel for the Petitioner reiterated the contentions that are advanced before the authorities below. It is further stated that Clause (e) of Article 42 would apply only when consideration received and attorney is authorised to sell any immovable property, and then only the stamp duty is payable, treating the same as conveyance for consideration. In any other case, it is only the Clause (f) of Article 42 that is applicable and has to be stamped accordingly.
4. A counter has been filed on behalf of the Respondents disputing and denying the allegations. In the counter it is reiterated the stand of the authorities that on all force the nature of the document shows that it falls under Article 42(e) of Schedule 1-A of the Act. It is also stated in the counter that as per the terms of the document, the attorney is empowered not only recovering the said amounts due to the Petitioner but also to initiate legal proceedings, prosecute and defend the Petitioner, in all actions of suits, claims, demands and the like disputes. Therefore, it is clear that the same constitutes an equitable assignment of the amount due under the book debts. Therefore, the adjudication as made by the Respondents 1 and 2 is just and proper and does not call for any interference.