petitioners in WP(C) No. 3580/2019 referred to Articles 40 and 243G of the
Constitution of India with reference to decentralization of powers ... Article 40 , Article 243G further provides
that the State may by law achieve the objectives as enshrined in Article 40 of
the Constitution of India
pledge, falling under Article 6(2)(a) of Schedule I, or is a mortgage deed falling under Article 40(b) of the same Schedule ... minute it may be, it falls under Article 6 of Schedule I, and not under Article 40. The linked argument is that the mere fact
debentures and that they were chargeable as such under Article 27 (b) read with Article 40 (c). This is upon the assumption that the deed ... Such a debenture will not attract duty under Article 27 , due to this exemption. Article 40 relates to mortgage deed, not being an agreement relating
with general allegations and is, therefore, not maintainable. After
referring to Articles 40 and 243K of the Constitution of India, and to the
Statement ... view of Article 37 , is fundamental in governance and
obligates the State Legislature to apply these principles in making laws.
Article 40 of the Constitution
section (1) of Section 128 of the Act is violative of Article 40 of the Constitution. Article 40 of the Constitution which occurs in Chapter ... question is intended to implement the direction contained in Article 40 of the Constitution. The Act in question has been enacted, to implement the direction
same could not be relied upon unless stamped as
per Article 40(b) of Schedule IA of the Indian Stamp ... mortgage deed and required proper stamping in accordance with
Article 40(b) of the Stamp Act . Rather the same ought to have been
impounded
well as the decisions cited at the Bar.
DISCUSSIONS
35. Article 40 of the Constitution of India provides that the State shall take steps ... necessary to enable them to function as units of self-government. Article 40
as above, forms part of the Directive Principles of State Policy
implemented
Panchayat laws by 1926.
It is next submitted that Article 40 of the
Constitution of India incorporates Panchayat and
Article 246 of the Constitution ... evident
from the constitutional debate that rural
Panchayat found place under Article 40 of the
Constitution of India under the Directive
Principles of State Policy
document would be liable to Stamp Duty as mortgage deed under Article 40 of the Stamp Act . A detailed report was submitted by the Deputy ... deed and the stamp duty payable will be under Article 6 and not under Article 40(b). The Court held that it is Clear that
this argument valid in respect of Article 57 , it would have strouger force against attraction of Article 40. So in any view of the matter ... stamp duty under Article 57 of the Stamp Act , but it does not require any stamp duty under Article 40.
(16) Question
