Section 58 of The Indian Stamp Act, 1899
Power of High Court to call for further particulars as to case stated.
If the High Court 1*** is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.
Summary
- The High Court has the power to ask for more information if the original case statement is not clear.
- If the Judges are not satisfied that the facts are enough to make a decision, they can act.
- The Court sends the case back to the Revenue-authority that originally provided it.
- The Authority is then instructed to add new details or make specific changes to the statement.
- These changes must follow the directions provided by the High Court.
Practical examples
FAQ
1. Can the High Court refuse to decide a case if the facts are missing under Section 58 of the Indian Stamp Act, 1899?
Yes, under Section 58 of the 1899 Act, the Court can refer the case back if the statements are not sufficient to determine the questions.
2. Who does the High Court send a case back to for more details under Section 58 of the 1899 Act?
The High Court refers it back to the specific Revenue-authority that first stated the case under Section 58 of the 1899 Act.
3. Does the Revenue-authority have to follow the Court's instructions under Section 58 of the 1899 Act?
Yes, Section 58 of the 1899 Act says the Authority must make additions or alterations "as the Court may direct".
Test yourself
1.Under Section 58 of the Indian Stamp Act, 1899, what triggers the High Court to send a case back?
2.According to Section 58 of the 1899 Act, what can the High Court direct the Revenue-authority to do?
3.Which section of the 1899 Act works closely with Section 58 when the High Court needs more details on a case originally referred by the Authority?
4.If the High Court is satisfied after receiving particulars under Section 58 of the 1899 Act, which section describes how they finally decide the case?