The case before the Allahabad High Court involved the ...
Collector (Stamp) lacks power to recall order u/s 47-A of Indian Stamp Act - Authority must adherence to statutory limits
Case Laws Indian Laws
May 23, 2024
The case before the Allahabad High Court involved the jurisdiction of the Collector (Stamp) to recall or review an order under Section 47-A of the Indian Stamp Act, 1899, in the context of alleged forgery of documents. The court held that the Collector (Stamp) lacks the power to recall or review an order under Section 47-A as no such authority is provided for in the Act. Quasi-judicial authorities must operate within the statutory framework and cannot exceed their mandate. This limitation on review powers ensures adherence to the principle of separation of powers and upholds the legislative scheme. As the Collector (Stamp) exceeded his authority in conducting the review, the court quashed the impugned order and allowed the writ petition.
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