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Narasimha Shastry Vs. Mangesha Devaru

Court : Karnataka

Subject : Property

Acts : DEED/INSTRUMENT- CONSTRUCTION

Reported in : ILR1988KAR554

specified.'Keeping in view this well established proposition and principle in the matter of construction of a document or instrument, the Court has to find out what exactly was the property sold under the sale deed relied upon … this simple suit for injunction alleging that he purchased the suit land from defendant-1 under a registered sale deed dated 16-11-1938 and at the time of the purchase the extent of this A schedule property was not

Khatizabai Mohomed Ibrahim Vs. Controller of Estate Duty, Bombay

Court : Mumbai

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 3(3), 5, 10 and 12; Musalman law

Reported in : (1959)61BOMLR719; [1959]37ITR53(Bom)

with reservation. - (1) Property passing under any settlement made by the deceased by deed or any other instrument not taking effect as a will whereby an interest in such property for life or any other period … and we shall only give a broad outline of the relevant facts supplementing it if occasion demands. The deed of wakf, which we shall presently examine, was made on 31st March, 1951. It accords with the requirements … those principles as riders to the actual statutory language. The rule of construction relating to provisions of enactments in part materia is one of great

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Subject : Company

Acts : Indian Stamp Act, 1899 - Sections 17, 27, 29, 31, 33, 35, 47A and 64 - Schedule - Article 5; Registration Act, 1908 - Sections 17, 17(1), 17(2), 35, 49, 58, 60 and 69; Constitution of India - Articles 14, 19(1), 21, 254, 265 and 300A; Transfer of Property Act - Sections 6, 8 and 53A; Sale of Goods Act - Sections 2(7); Madras General Sales Tax Act, 1939; ;Evidence Act - Sections 4; Motor Vehicles Act, 1939 - Sections 43A; Delhi Apartment Ownership Act, 1984; Stamp Act, 1891; General Clauses Act - Sections 3(26); Presidency Small Cause Courts Act

Reported in : [1991]189ITR192(Mad)

on a property which is not in existence on the date of the execution or registration of the instrument. In essence, it is a tax or duty on the potential value of capital assets, which is not … stamp duty at 13% in the City ol Madras on the proposed construction is illegal and invalid. The amendments effected are beyond the legislative competence … flats in the city of Madras. It sells undivided share of lands to prospective builders-purchasers under registered sale deeds. Thereafter, purchasers build their flats at their own expenses. Hitherto stamp duty was collected only on the value

Residents Welfare Association, Noida Vs. State of U.P. and ors.

Court : Supreme Court of India

Subject : Property

Acts : Uttar Pradesh Stamp Act - Sections 2(10), 47, 47(4A), 47A, 47A(1), 47A(2), 47A(3), 47A(4) and 52 - Shedule - Articles 5(1), 23 and 63; Indian Registration Act, 1908 - Sections 23 and 52; Transfer of Property Act - Sections 3, 54 and 105; Indian Stamp Act, 1899 - Sections 2(16) - Shedule - Articles 23 and 63; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; Constitution of India - Article 226

Reported in : 2009(3)AWC2580(SC); JT2009(6)SC448; 2009(6)SCALE94; 2009(7)LC3150(SC); 2009(3)LHSC1837

the transfer without prior consent of the Noida authorities by transfer memorandum.2) Construction of buildings on such leasehold lands had to be made within a … Okhla Industrial Development Area (in short 'Noida') allotted lands to several Co-operative Housing Societies by execution of lease deeds with such Co-operative Group Housing Societies in respect of the lands allotted to them. The said lease deeds … of the property valued in case of evasion of the stamp duty. Section 47 A reads as under:47-A. Instruments of conveyance etc., if undervalued, how to be dealt with: (1)(a) If the market value of any property

State of Maharashtra and ors. Vs. M.S. Builders (Private) Limited and ...

Court : Mumbai

Subject : Property

Acts : Bombay Stamp Act, 1958 - Sections 2, 2(1) and 2(9); Bombay Stamp (Amendment) Act, 1985; Code of Civil Procedure (CPC) , 1908 - Sections 2 - Order 23, Rule 1

Reported in : 1992(1)BomCR568

semble, the word may include an Act of Parliament...Conveyancing Act 1891 (44 and 45 Vict.c.41), 3.2(xiii), instrument includes deed, will inclosure, award and Act of Parliament...'In support of this submission Miss Ankalesaria drew our attention to the … things which the interpretation clause declares that they shall include. The word `include' is also susceptible of other constructions which it is unnecessary to go into.'Relying upon those observations Miss Ankalesaria urged that in some of the

Roop Laul and ors. Vs. Lakshmi Doss

Court : Chennai

Subject : Property

Reported in : (1906)ILR29Mad1

formerly gumastah under Easwara Doss and now under the defendant, admitted that the charities mentioned in the trust deed have been carried on since prior to the time the witness became acquainted with his late employer which … thereof. The sustainability of this claim depends upon the effect, if any, to be given to the registered instrument bearing date the 28th January 1887 described as a settlement and executed by Easwara Dossi and the defendant.3. … solely to the control provided for by the deed. Even were the constructions I put on the passages relied on not right, they could afford

T.B.S. Seela Bodi Naicker Vs. T.V.K. Kama Raja Pandiya Naicker, Zamind ...

Court : Chennai

Subject : Property

Reported in : AIR1944Mad50; (1943)2MLJ622

question raised in this appeal relates to the true construction of what has been called a ' release deed ' executed on the 6th of May, 1890, by one Sundarapandiya Naicker and Kamalu Ammal, the widow of … Ammal. The subject-matter-of the gift is referred to in paragraph I which Contains the operative words of the instrument, as ' Dombucheri village which is described in column 2 of the schedule herein together with all the

Belapur Co. Ltd. Vs. Maharashtra State Farming Corporation

Court : Mumbai

Subject : Property

Acts : Evidence Act, 1872 - Sections 91 to 98; Code of Civil Procedure (CPC), 1908

Reported in : AIR1969Bom231; 1970MhLJ330

held admissible and it was observed (at p. 98). 'The time when, and the circumstances under which, an instrument is made, supply the best and surest mode of expounding it.' Relying on the decision in Lord Hasting's … oral evidence with regard to the same, but relied only upon a construction of the relevant statutory provisions and orders to which he had referred … of a suit for redemption of mortgage filed by the respondent in which the question was whether certain deeds of conditional sale in respect of a talook with a proviso for re-purchase on a fixed date were

Sait Bolumal Dharmdas Firm, Bankers Represented by Partner Bolumal Dha ...

Court : Andhra Pradesh

Subject : CommercialCivil

Acts : Evidence Act, 1872 - Sections 92, 94 and 95; Transfer of Property Act, 1882 - Sections 8; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1959AP612

the Subordinate Judge, on an examination of the oral evidence bearing on the surrounding circumstances, found that the deed in question was not an absolute sale but was executed as and by way of security. In that … no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to or subtracting from its terms:' … Patent Appeal filed against the judgment of Krishnaswami Nayudu J., involves the construction of Section 92 of the Evidence Act. 2. The appellant laid an

Lynch Vs. Murphy

Court : US Supreme Court

Subject : Land Acquisition

Pippert had no knowledge of the attempt by Mrs. English to encumber the land in question by a deed of trust, the recording of the instrument did not give him constructive notice of it, as the formalities … the land in question by a deed of trust, the recording of the instrument did not give him constructive notice of it, as the formalities required by law to authorize the recording were not complied with. That