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Jun 12 2012

T.Elumalai. Vs. the Inspector General of Registration and ors.

Court : Chennai

Decided on : Jun-12-2012

Subject : Constitution

Acts : Indian Stamp Act, 1899. - Section 47(A)(5)(6), 9(1), 19B; Tamil Nadu Stamp (Prevention of Under-valuation of Instruments) Rules, 1968 - Rule 3(4); Constitution of India - Articles 226

notification No.II(2)/CTR/437(d)/2011 in exercise of powers conferred under Clause(a) of Sub-Section (1) of Section 9 of the Indian Stamp Act, 1899 to remit one third of the difference of stamp duty between the duty already paid and the one … registered as Doc. No.625/2003. The Registering Authority impounded the document, being under value for making a reference under Section 47(A) of the Indian Stamp Act, therefore, was not returned to petitioner. 3. The petitioner field W.P.No.19218 of 2011

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Oct 08 2007

Hariom Agrawal Vs. Prakash Chand Malviya

Court : Supreme Court of India

Decided on : Oct-08-2007

Subject : TenancyCivil

Acts : Indian Stamp Act, 1899 - Sections 2(14), 33, 33(1), 35, 36, 37, 48 and 48B; Madhya Pradesh Accommodation Control Act - Sections 12(1); Evidence Act, 1872 - Sections 63; Indian Stamp (Madhya Pradesh Amendment) Act, 1990; Madhya Pradesh Stamp Rules, 1942 - Rule 19

Reported in : AIR2007SC166; 2007(6)ALLMR(SC)930; 2007(4)AWC4121(SC); (SCSuppl)2007(4)CHN97; 2008(3)CTC457; JT2007(12)SC49; 2008(1)MPHT156(SC); 2007(11)SCALE705; (2007)8SCC514; 2007AIRSCW6368

back Rs.4,75,000/- to the tenant. This document was affixed with a notarial stamp of Rs.4/-. Under the Indian Stamp Act, 1899 (for short the Act ), agreement of this nature requires affixture of a stamp of Re.1/- under Schedule … improper description exercising its power under the provisions of the Indian Stamp Act, 1899?. For answering this question, Sections 33 and 35 of the Act might render some help. Relevant extracts of the Sections are:33. Examination and

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Dec 20 1971

Dayal Singh Vs. Collector of Stamps

Court : Delhi

Decided on : Dec-20-1971

Subject : Property

Acts : Stamp Act, 1899 - Sections 2(1), 2(6), 24, 27, 33, 40 and 64; Transfer of Property Act, 1882 - Sections 54; Indian Contract Act, 1872 - Sections 2; Delhi Municipal Corporation Act, 1947 - Sections 147 and 148

Reported in : AIR1972Delhi131

by the vendee.2. The question referred to us for opinion under Section 57(2) of the Indian Stamp Act, 1899 are :-(1) Whether under Section 24 of the Act Rs. 52,401,95 and Rs. 271.85 agreed to be paid … part of the section.; (ii) Delhi Municipal Corporation Act (1957) - Section 147 (2)--Duty on transfer livable under Stamp Act (1899), Sections 33 and 40--Instrument not subject to impounding and penalty there under for non-payment of transfer duty.; That duty

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Aug 27 2009

Ashok Kamal Capital Builders Vs. State and Anr.

Court : Delhi

Decided on : Aug-27-2009

Subject : Property

Acts : Indian Stamps Act, 1899 - Schedule IA: Articles 13 and 23 - Sections 2(6), 2(11), 2(14), 25, 27, 29, 31, 33, 35, 36, 40, 48, 48B, 61, 62, 64, 70 and 73; Transfer of Property Act - Sections 53A; Evidence Act, 1872 - Sections 63; Indian Penal Code; Code of Criminal Procedure (CrPC) ; Stamp (Madhya Pradesh) Act, 1990; Indian Stamp (Orissa Second Amendment) Act, 1986; Delhi Municipal Corporation Act, 1957; Constitution of India - Article 226

Reported in : 162(2009)DLT396

it is not an instrument chargeable with duty. under Section 33 or any other provision of the Indian Stamp Act 1899 and cannot be impounded under Section 33.2. Without prejudice to the above, it is submitted that we are … Act, for short) and therefore the petitioners should be asked to pay deficient stamp duty and penalty under Sections 33 and 35 of the Act and show cause why penal action should not be taken against them … disposed of this by this common judgment.2. Dyer's Stone purchased property No. 10, Alipur Road, Civil Lines, Delhi (herein after referred to as the property,

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Jun 15 2011

M/S. Win-n-quiz Company Limited Vs. the Authorized Officer, Bank of Ba ...

Court : Mumbai

Decided on : Jun-15-2011

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Section 17; Bombay Stamp Act, 1958 - Sections 33(1), 18, 19; Indian Stamp Act, 1899 - Section 3; West Bengal (Amendment) Act of 1922

question was chargeable to stamp duty under Clause (aa) of the proviso to Section 3 of the Indian Stamp Act, 1899. Hence, the instrument should have been sent upon impounding to the adjudicating authority for stamp duty at Kolkata. … is situated in Mumbai. In such an event the procedure which is to be followed is provided in Sections 18 and 19 of the Bombay Stamp Act, 1958. Under Sub Section (1) of Section 18 every instrument

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Feb 27 2001

J.H.V. Sugar Corporation Ltd. Vs. Chief Controlling Revenue Authority, ...

Court : Allahabad

Decided on : Feb-27-2001

Subject : Criminal

Acts : Indian Stamp Act, 1899 - Sections 13, 14, 26, 31. 33, 35, 37, 38(2), 40(1), (2), (4), (5), 41, 42(1), 45(2), 47A(1), (4), 57A, 56(1), 59, 60 and 61; Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128 and 145 to 148; Uttar Pradesh Act, 1992; Indian Registration Act, 1908

Reported in : 2001(2)AWC1170; (2001)2UPLBEC1140

was held that if a Collector has taken action under Section 40, sub-section (1) (b) of the Indian Stamp Act, 1899, and having received the deficient duty and the penalty imposed, has certified under sub-section (1) (a) that the … a reference dated 1.5.1999 (Annexure S.C.A.-1) having been made by the Sub-Registrar Nichlaul under Section 47A(1) read with Sections 33 and 47A (4) of the Act. Dissatisfied with and aggrieved by the order passed by the Collector,

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Nov 01 2004

Distt. Registrar and Collector, Hyderabad and anr. Vs. Canara Bank Etc ...

Court : Supreme Court of India

Decided on : Nov-01-2004

Subject : BankingCivil

Acts : Indian Stamp Act, 1899 - Sections 21, 29, 31, 33, 33(3), 36, 48, 62, 73, 73(3) and 75; Andhra Pradesh Act, 1986 - Sections 6; Constitution of India - Articles 14, 19 and 254(2); Banking Regualtion Act, 1949 - Sections 5; State Bank of India Act, 1955; State Bank of India (Subsidiary Banks) Act, 1959; Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970; Banking Companies (Acquisition and Transfer of Undertaking) (Amendment) Act, 1980; Regional Rural Banks Act, 1976; Industrial Development Bank of India Act, 1964; National Bank for Agriculture and Rural Development Act, 1981; Life Insurance Corporation Act, 1956; Industrial Finance Corporation Act, 1948; Andhra Pradesh Sugarcane Control Order, 1965; Stam Law; Universal Declaration of Human Rights, 1948 - Articl

Reported in : AIR2005SC186; [2005]126CompCas356(SC); 2004(5)CTC376; JT2004(9)SC379; 2004(9)SCALE215; (2005)1SCC496

R.C. Lahoti, C.J.1. Leave granted in SLP (C) No. 11607/2001.2. Section 73 of the Indian Stamp Act, 1899 as incorporated by Andhra Pradesh Act No. 17 of 1986, by amending the Central Act in its application … R.C. Lahoti, C.J.1. Leave granted in SLP (C) No. 11607/2001.2. Section 73 of the Indian Stamp Act, 1899 as incorporated by Andhra Pradesh Act No. 17 of 1986, by

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May 08 2009

V.N. Devadoss Vs. Chief Revenue Control Officer-cum-ins. and ors.

Court : Supreme Court of India

Decided on : May-08-2009

Subject : Civil

Acts : Indian Stamp Act, 1899 - Sections 2(10), 47A, 47A(1), 47A(3), 47A(10) and 75; Sick Industrial Companies (Special Provisions) Act, 1985; Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968 - Rules 3, 4 and 5; Registration Act, 1908; Indian Stamp (Tamil Nadu Amendment) Act, 1967; Transfer of Property Act, 1882 - Sections 54

Reported in : 2009(4)AWC3423(SC); JT2009(13)SC545; 2009(8)SCALE23; (2009)7SCC438

by a Division Bench of the Madras High Court in appeal filed under Section 47A of the Indian Stamp Act, 1899 (in short the `Act'). The appeal was filed against the order passed by Chief Revenue Control Officer-cum-Inspector General … The appeal is allowed. There will be no order as to costs. - INDIAN STAMP ACT (2 OF 1899), Sections 47-A(1) and (3) (as inserted by T.N. Amendment Act, 1967), 62 & 64 & T.N. Stamp (Prevention of

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Apr 01 1997

Smt. Guddi Wife of Keshav Das Vs. State of Uttar Pradesh and Others

Court : Allahabad

Decided on : Apr-01-1997

Subject : Civil

Acts : Indian Stamp Act, 1899 - Sections 2(16), 33 and 56 - Schedule - I-B - Articles 5 and 35; Transfer of Property Act, 1882 - Sections 54, 105 and 107; General Clauses Act, 1897 - Sections 3(26); Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; West Bengal Estates Acquisition Act, 1954 - Sections 6(1) and 6(2); Indian Registration Act, - Sections 17(1)

Reported in : AIR1997All396; (1997)2UPLBEC872

the matter to the District Registrar/additional District Magistrate (finance and Revenue) Jhansi under Section 33 of the Indian Stamp Act, 1899 hereinafter referred to as the Act). The Additional District Magistrate by his order dated 27-2-1989 held that the … reservoir for a period of five years on payment of premium is a lease within the meaning of Section 2(16) of the Act, chargeable to stamp duty in accordance with Article 35 of Schedule 1-B of the

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Mar 05 2001

M/S Wolstenholme International Ltd. Vs. TwIn Stars Industrial Corporat ...

Court : Mumbai

Decided on : Mar-05-2001

Subject : Civil

Acts : Indian Stamp Act, 1899 - Sections 2(2), 2(3), 33, 35, 37, 38, 38(1), 38(2), 40, 42 and 61- Schedule - Article 13; Code of Civil Procedure (CPC), 1908 - Order 8, Rule 5 - Order 12, Rule 6 - Order 37; Negotiable Instruments Act, 1881 - Sections 19 and 80

Reported in : AIR2001Bom409; 2002(1)ALLMR171; 2001(4)BomCR114; (2001)3BOMLR777

Defendants was that the Bills of Exchange have not been duly stamped under the provisions of the Indian Stamp Act, 1899. It was urged that the three Bills of Exchange are not Bills of Exchange payable on demand and … prescribed if the document has not been sufficiently stamped. When the duty and penalty have been paid under Sections 35, 40 or 41 as the case may be, the person admitting such instrument in evidence or the … of the Plaintiffs for a decree in the sum of Pound Sterling 1,21,115.63 with further interest at 18% per annum on the principal amount of

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