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Thippareddy Obulamma and ors. Vs. Balu Narasimhulu and ors.

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Indian Registration Act, 1908 - Sections 17 and 49; Indian Stamp Act, 1899 - Sections 33 and 35; Transfer of Property Act; Specific Relief Act, 1877; Code of Civil Procedure (CPC) - Sections 151

Reported in : AIR2003AP525

same in evidence will arise only after the Court impounds the document as contemplated under Section-33 of the Indian Stamp Act, 1899. Under Section-33 of the Stamp Act, ....................... 16. The learned counsel for the plaintiffs also relied upon another … 'In view of the fact that Ex.B-1 is an unregistered lease deed, it is not admissible according to Section-49 of the Registration Act. No doubt, in the explanation appended thereto document, which per se is not admissible,

Pakkiri Vs. Saraswathi and Others

Court : Chennai

Subject : Land Acquisition

duty. In order to ascertain the stamp duty payable, one has to look at the provisions of the Indian Stamp Act, 1899. Section 35 of the Indian Stamp Act, 1899 makes an instrument not duly stamped inadmissible in evidence. It says … that the unregistered sale deed, though not admissible for establishing any title derived under the same as per Section 49 of the Registration Act, the proviso permits the revision petitioner/plaintiff to use the document as a piece of

Avinash Kumar Chauhan Vs. Vijay Krishna Mishra

Court : Supreme Court of India

Subject : Civil

Acts : Indian Stamp Act 1899 - Sections 2(15), 2(23), 3, 21, 32, 33, 33(2), 35, 36, 38 and 47a - Schedule - Article 23; Indian Registration Act, 1908 - Sections 17 and 49; Merchant Shipping Act, 1894; Indian Registration of Ships Act, 1841; Special Economic Zones Act, 2005 - Sections 2; Transfer of Property Act, 1882 - Sections 17; Specific Relief Act, 1877; Constitution of India - Article 227

Reported in : 2009(2)ALT19(SC); 2009(2)AWC1272(SC); 2009(6)BomCR334; (2009)2GLR1202(SC); JT2009(1)SC656; 2009(4)MhLJ349(SC); 2009(3)MPHT6(SC); 2009(1)SCALE80; (2009)2SCC532; 2009AIRSCW979; 2008(17)SCR944; 2009(1)LHSC360; 2009(3)KCCRSN91; MANU/SC/8502/2008

S.B. Sinha, J.1. Leave granted.2. Interpretation of Sections 33 and 35 of the Indian Stamp Act 1899 (for short `the Act') calls for our consideration in this appeal which arises out of a judgment and … in evidence are excluded the document would not be admissible for collateral purposes. INDIAN STAMP ACT (2 OF 1899), Section 35: Document not duly stamped Effect -Unregistered Deed of sale - Adequate stamp duty not paid thereon Held, … of the Act shall not be attracted.Reliance in this behalf has been placed on the proviso appended to Section 49 of the Indian Registration Act as also on the decision of this Court in Bondar Singh v. Nihal

Ummadi Subramanyam Vs. Ekka Dhanamma and Another

Court : Andhra Pradesh

Subject : Contract

Acts : Registration Act, 1908 - Sections 49; Indian Stamp Act, 1899 - Sections 33, 35 and 37; Specific Relief Act, 1963 - Sections 9; Transfer of Property Act, 1882 - Sections 17; Specific Relief (Amendment) Act, 1877

Reported in : 1999(5)ALD26; 1999(4)ALT706

in evidence will arise only after the Court impounds the document as contemplated under Section 33 of the Indian Stamp Act, 1899. Under Section 33 of the Stamp Act, every person having by law or consent of parties authority to … question that arises for consideration is whether the said document can be received in evidence under proviso to Section 49 of the Registration Act. Section 49 of the Registration Act provides that a document affecting any immovable property

Chief Controlling Revenue Authority and anr. Vs. Shrimati Sharda Devi

Court : Delhi

Subject : PropertyCivil

Acts : Indian Stamp Act, 1899 - Sections 1A, 2(21), 5, 6, 7, 9, 9(1), 10, 11, 17, 32, 49, 52, 53A and 57(1); Constitution of India - Articles 23 and 48; Other Related Laws (Amendment) Act, 2001; Registration Act; Transfer of Property Act

Reported in : 102(2003)DLT716; 2002(63)DRJ505

reference has been made by the petitioners afore-mentioned purporting to be in terms of Section 57 of the Indian Stamp Act, 1899 (in short the 'Act') referring two questions for opinion of this Court, which are in the following terms:'(1) … a new provision, namely, Section 32A has been inserted. By reason of Section 6 of the said Act, Section 49 has been amended. Similarly by reason of Section 7 thereof, Section 52 of the Registration Act has been

B. Thippeswamy Vs. Goramma

Court : Karnataka

Subject : Contract

Acts : Registration Act, 1908 - Sections 17, 34 and 49; Karnataka Stamp Act, 1957 - Sections 34; Indian Stamp Act, 1899 - Sections 34 and 35; Indian Stamp Act, 1879; Transfer of Property Act - Sections 53A

Reported in : ILR2008KAR3716

words 'for any purpose' in Section 35 contained in Edn. 4, of Sir Dinshah Mulla's book on the Indian Stamp Act, 1899. He pointed out that the words 'for any purpose' first appeared in India in the Stamp Act of … could be relied upon and admitted in evidence to prove a collateral transaction as envisaged by proviso to Section 49 of the Registration Act, 1908 has held as follows:7. That a document is being admitted for a collateral

Rukmani and Others Vs. G. Natarajan (died) and Another

Court : Chennai

Subject : Land Acquisition

the Indian Stamp Act, 1899 for further adjudication as per law. No costs. Code Civil Procedure Section 100 Indian Stamp Act, 1899 Section 35(a), Section 36, Section 61 Registration Act Section 17, Section 49 Possession and enjoyment of property Whether Appellants

Lakkoji Mohana Rao, So. Late Annayya, a Vs. 1. Lakkoji Viswanadham, So ...

Court : Andhra Pradesh

Subject : CivilTenancy

Acts : Code of Civil Procedure (CPC) , 1908 - Order VIII Rule 3; Indian Stamp Act, 1899 - Section 35; Registration Act, 1908 - Section 49, 17; Transfer of Property Act, 1882 - Section 17; Specific Relief Act, 1877 - Chapter II; Evidence Act - Section 65 (a); Indian Stamp Act - Section 2 (15); Registration Act - Section 49, 17 (1) (b), 49 (c), 35.

stamped nor registered and the same is inadmissible in evidence for any purpose under Section 35 of the Indian Stamp Act, 1899 and also under Section 49 of the Registration Act, 1908.7. Sri P. Raj Kumar, learned counsel for the

Palamapalli Rama Subba Reddy Vs. Palamapalli Subbareddy @ Gollonipalli ...

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Stamp Act, 1899 - Sections 3, 32 and 35 - Schedule - Article 36; Code of Criminal Procedure (CrPC) , 1898; Indian Registration Act, 1908 - Sections 49

Reported in : 2005(5)ALD274

v. Bolleddula Papanna, : 2003(3)ALD50 , while dealing with similar question in relation to Section 35 of the Indian Stamp Act 1899 and Section 49 of the Indian Registration Act 1908 held that where an unregistered partition deed was insufficiently

Ram Singh Saraf Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Civil

Acts : Registration Act, 1908; ;Indian Stamp Act, 1899 - Sections 49 and 50

Reported in : 2005(4)CHN541

was not registered in accordance with law. It may be pointed out here that Section 49 of the Indian Stamp Act, 1899 has provided for making allowances for spoiled stamps. It has been provided in the said section that the