https://www.taxtmi.com/caselaws?id=779650 Stamp duty classification depends on the substance of the instrument, not its title. A document styled as a "Security Bond cum Mortgage Deed" was held to be a mortgage deed because its recitals showed transfer of immovable property and creation of a charge to secure obligations and repayment, bringing it within the definition of mortgage deed under the Stamp Act. Article 57 did not apply because a security bond under that provision requires a surety arrangement in the sense of a contract of guarantee involving a surety, principal debtor and creditor; here, the company executed the instrument through its director and no separate surety existed. The document was therefore chargeable under Article 40, not Article 57. en-us Wed, 08 Oct 2025 00:00:00 +0530 Fri, 10 Oct 2025 10:20:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=779650 Stamp duty classification depends on the substance of the instrument, not its title. A document styled as a "Security Bond cum Mortgage Deed" was held to be a mortgage deed because its recitals showed transfer of immovable property and creation of a charge to secure obligations and repayment, bringing it within the definition of mortgage deed under the Stamp Act. Article 57 did not apply because a security bond under that provision requires a surety arrangement in the sense of a contract of guarantee involving a surety, principal debtor and creditor; here, the company executed the instrument through its director and no separate surety existed. The document was therefore chargeable under Article 40, not Article 57. Case-Laws Indian Laws Wed, 08 Oct 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=779650