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Home Bare Acts Phrase: karnataka stamp act 1957 section 25 how transfer in consideration of debt or subject to future payment etc to be chargedKarnataka Stamp Act, 1957 Complete Act
Title: Karnataka Stamp Act, 1957
State: Karnataka
Year: 1957
.....payment, etc., to be charged Section 26 - Valuation in case of annuity, etc. Section 27 - Stamp where value of subject-matter is indeterminate Section 28 - Facts affecting duty to be set forth in instrument Section 28A - [Omitted] Section 28B - [Omitted] Section 29 - Direction as to duty in case of certain conveyances Section 30 - Duties by whom payable Chapter III Section 31 - Adjudication as to proper stamps Section 32 - Certificate by Deputy Commissioner Chapter IV Section 33 - Examination and impounding of instruments Section 34 - Instruments not duly stamped inadmissible in evidence, etc Section 35 - Admission of instrument where not to be questioned Section 36 - Admission of improperly stamped instruments Section 37 - Instruments impounded how dealt with Section 38 - Deputy Commissioner's power to refund penalty paid under sub-section (1) of Section 37 Section 39 - Deputy Commissioner's power to stamp instruments impounded Section 40 - Instruments unduly stamped by accident Section 41 - Endorsement of instruments on which duty has been paid under Section 34, 39 or 40 Section 42 - Prosecution for offence against stamp law Section 43 - Persons paying.....
List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 19
Title: Payment of Duty on Certain Instruments Liable to Increased Duty in the State of Karnataka
State: Karnataka
Year: 1957
.....already affixed thereto, such instrument shall be stamped with the stamps necessary for the payment of the duty chargeable on it under clause (a) of this section, in the same manner and at the same time and by the same persons as though such instrument were an instrument received in the1[State of Karnataka] for the first time at the time when it became chargeable with the higher duty, and (c) the provisions contained in clause (b) of the proviso to subsection (3) of Section 32 shall apply to such instrument as if such were an instrument executed or first executed out of India and first received in the1[State of Karnataka] when it became chargeable to the higher duty aforesaid, but the provision contained in clause (a) of the said proviso shall not apply thereto. ________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 dated 11-1-1973.
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 13
Title: Instruments Stamped with Impressed Stamps How to Be Written
State: Karnataka
Year: 1957
Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 25
Title: How Transfer in Consideration of Debt or Subject to Future Payment, Etc., to Be Charged
State: Karnataka
Year: 1957
.....part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty: Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article 15 of the Schedule. Explanation.- In the case of a sale of property subject to a mortgage or other encumbrance, any unpaid mortgage money or money charged, together with the interest (if any) due on the same, shall be deemed to be part of the consideration for the sale: Provided that, where property subject to a mortgage is transferred to the mortgage, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage. Illustrations (1) A owes B Rs. 1,000. A sells a property to B the consideration being Rs. 500 and the release of the previous debt of Rs. 1,000. Stamp duty is payable on Rs. 1,500. (2) A sells a property to B for Rs. 500 which is subject to a mortgage to C for Rs. 1,000 and unpaid interest Rs. 200. Stamp duty is payable on Rs. 1,700. (3) A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B afterwards buys the house from A. Stamp duty is payable on.....
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 33
Title: Examination and Impounding of Instruments
State: Karnataka
Year: 1957
.....or first executed: Provided that, - (a) nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the1Code of Criminal Procedure, 1898; (b) in the case of a Judge of the High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf. (3) For the purposes of this section, in cases of doubt, the Government may determine,- (a) what offices shall be deemed to be public offices; and (b) who shall be deemed to be persons in charge of public offices. ________________________ 1. Refer the Code of Criminal Procedure, 1973 (11 of 1974)
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 36
Title: Admission of Improperly Stamped Instruments
State: Karnataka
Year: 1957
The State Government may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 14
Title: Only One Instrument to Be on Same Stamp
State: Karnataka
Year: 1957
No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written: Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby.
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 18
Title: Instruments Executed out of India
State: Karnataka
Year: 1957
(1) Every instrument chargeable with duty executed only out of India may be stamped within three months after it has been first received in the1[State of Karnataka.] (2) Where any such instrument cannot, with reference to the description of stamp, prescribed therefor, by duly stamped by a private person, it may be taken within the said period of three months to the2[Deputy Commissioner] who shall stamp the same, in such manner as the Government may by rule prescribe, with a stamp of such value as the person taking such instrument may require and pay for. ________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 dated 11-1-1973. 2. Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the expression "Collector"
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 12
Title: Omitted
State: Karnataka
Year: 1957
12. 1[***] ___________________________________________ 1. Omitted by Act No. 1 of 2008 for the following :- "Cancellation of adhesive stamps - (1) (a) Whoever affixes any adhesive stamps to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so that it cannot be used again; and (b) Whoever execute any instruments on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in the manner aforesaid, cancel the same so that it cannot be used again. (2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again shall, so far as such stamp is concerned be deemed to be unstamped. (3) The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing or in any other effectual manner."
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 22
Title: Effect of Statement of Rate of Exchange or Average Price
State: Karnataka
Year: 1957
Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject-matter of such statement, be presumed, until the contrary is proved, to be duly stamped.
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