1994 AIR SCW 528 ::AIROnline 1993 SC 358 ::(1993) 6 JT 217 (SC) ::1994 UJ(SC) 1 41 ::1994 (1) SCC 531 ::1994 UJ(SC) 41 ::(1994) 1 RRR 551 ::(1993) 2 Rent LR 749 ::1994 All CJ 424 ::(1994) 1 Bank Cas 495 ::(1994) 2 Bom CR 248 ::(1995) 1 Bom CR 518 ::(1993) 6 JT 217 ::(1993) 3 SCJ 630

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Kuldip Singh, Yogeshwar Dayal , JJ

Bombay Stamp and Duty Act (60 of 1958) , S.2(g), S.2(1), Sch.1 Entry 25— "Conveyance" or "instrument" - Definitions are wide - Consent decree whereunder title to immovable property is conveyed - Falls under definition of "conveyance" as well as "instrument" - Liable to stamp duty under entry 25. Conveyance - Includes consent decree transferring title to immovable property. Instrument - Includes consent decree transferring title to immovable property. The definitions of "conveyance" and "instrument" start with the expression "includes" which shows that the definitions are very wide. The 1985 Amendment to Act was made out of abundant caution and it does not mean that the consent decree was not otherwise covered by the definitions given in S.2(g) or 2(1) of the Act. Merely because an agreement is put in the shape of a consent decree it does not change the contents of the document. It remains agreement and it is subject to all rights and liabilities which any agreement may suffer. Having a stamp of Court affixed will not change the nature of the document. A compromise decree does not stand on a higher footing than the agreement which preceded it. A consent decree is a mere creature of the agreement on which it is founded and is liable to be set aside on any of the grounds which will invalidate the agreement. Thus the consent decree ....