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CASE NO.: Writ Petition (civil) 379  of  1995

PETITIONER: KAMLESH P. OZA AND ORS.

       Vs.

RESPONDENT: THE STATE OF MAHARASHTRA

DATE OF JUDGMENT:       20/07/2000

BENCH: M.B. Shah & S.N. Variava.

JUDGMENT:

S. N. VARIAVA,J. L...I...T.......T.......T.......T.......T.......T.......T..J

   All the Petitioners are nationals and citizens of India. They  are all residents of Bombay.  By this Petition,  under Article  32  of the Constitution of India,  the  Petitioners seek to challenge levy of stamp duty on a transfer of shares in  a  Co-operative Housing Society on the basis  that  such agreements   are  conveyances.   It  is  contended  by   the Petitioners  that the State Legislature has no competence to levy  stamp  duty  on  transfer  of  shares  in  a   Housing Co-operative  Society, where the transferee, as an  incident of  membership, is entitled to the use and occupation of the premises  belonging  to  the   co-operative  society.    The Petitioners  point out that this question is already pending in  Civil Appeal No.  3707 of 1990 before this Court.  Thus, the questions raised in this Petition are identical to those raised  in Civil Appeal No.  3707 of 1990, viz., (a) whether the  transfer  of  shares  in the  Co-operative  Society  is subject  to  levy of stamp duty under the Bombay Stamp  Act, 1958  and (b) whether the State Legislature has  legislative competence to levy stamp duty on a transfer of shares.

   By  a Judgment passed today in Civil Appeal No.  3707 of@@                                                           JJ 1990,  that Civil Appeal stands dismissed.  For the  reasons@@ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ set out therein, this Writ Petition also stands dismissed.@@ JJJ