Hari Shankar Jain & Anr. Vs Union of India (Supreme Court of India)
The petitioners filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking to strike down the words “or shall be deemed to affect any rule of Muhammadan law” appearing in Section 129 of the Transfer of Property Act, 1882. They argued that the exemption granted to gifts defined under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 from the requirement of compulsory registration and payment of stamp duty causes loss to the public exchequer and violates Article 14 of the Constitution.
The Court held that the appropriate course for the petitioners was to approach an expert body such as the Law Commission of India, which is entrusted with recommending amendments or changes to existing laws and proposing new legislation when necessary. Considering that such an expert body is currently functional, the Court found no reason to entertain the writ petition at this stage.
Accordingly, the Supreme Court disposed of the petition and granted liberty to the petitioners to approach the Law Commission of India for appropriate consideration. Any pending applications connected with the matter were also closed.
