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Jaikumar Shivlal Shah and ors. Vs. Motilal Hirachand Gandhi and anr.

Court : Mumbai

Subject : Civil

Acts : Negotiable Instruments Act, 1881 - Sections 4 and 13; Stamp Act, 1899 - Sections 2(5), 2(22) and 36; Bombay Stamp Act, 1958 Sections 35 and 58

Reported in : AIR1973Bom27; (1972)74BOMLR174; ILR1972Bom816; 1972MhLJ405

condition or contingency which may or may not be performed or happen. For the purposes of the Indian Stamp Act, 1899, therefore, not only every promissory note defined under Section 4 of the Negotiable Instruments Act, 1881, was a … action.13. Action dismissed. Negotiable Instruments Act (XXVI of 1881), Sections 13, 4 -- Indian Stamp Act (II of 1899), Sections 2 (22), 2(5)(b) -- Document attested by witnesses and not payable to order or bearer -- Whether such … appellate Court rightly or wrongly, in view of the provisions of Section 35 of the Bombay Stamp Act, 1958, this Court will have no alternative

Neolite Polymer Industries Pvt. Ltd. a Company Incorporated Under the ...

Court : Mumbai

Subject : Civil

Acts : Indian Stamps Act, 1899 - Sections 2(3), 2(14), 2(15), 3, 4, 33, 35, 36, 40, 42(1) and 42(2) - Schedule - Articles 13 and 45; Bills of Exchange Act, 1882 - Sections 51, 51(1), 52, 52(3) and 57; Negotiable Instruments Act, 1881 - Sections 80, 104 and 134; Finance Act, 2006; Code of Civil Procedure (CPC) , 1908 - Order 37

Reported in : 2007(6)BomCR539; (2007)109BOMLR1930

as the defence that the bills have not been duly stamped is concerned, Section 3 of the Indian Stamp Act, 1899 provides for a charge of stamp duty inter alia on every Bill of Exchange payable otherwise than on … the Bill of Exchange is drawn. The Bills of Exchange in the present case, were drawn in London. Sections 51 and 52 of the Bill of Exchange Act, 1882 in England are the relevant statutory provisions which … 28, 2003 US $ 148,297.50RPLC PC 3961 May 20, 2003 US $ 354,139/503. The Bank had presented the bills through their A.B.N. Amro Bank, N.V.

Sugreeva Prasad Dubey and ors. Vs. Sitaram Dubey

Court : Madhya Pradesh

Subject : PropertyCriminal

Acts : Stamp Act, 1899 - Sections 35, 36 and 37; Evidence Act, 1872 - Sections 63 and 65

Reported in : 2004(1)MPHT488

into the following provisions which are relevant for the decision in this case. Section 35 of the Indian Stamp Act, 1899 (hereinafter referred to as 'Act' for short) provides that the instrument not duly stamped is inadmissible in evidence. … is inadmissible, photo-copy of document may be received in secondary evidence or not ?8. From the perusal of Sections 35 and 37 of the Act, it is apparent that the aforesaid provisions are not applicable with the copy

J.M.A. Raju Vs. Krishnamurthy Bhatt

Court : Gujarat

Subject : Civil

Acts : Stamp Act, 1899 - Sections 35 and 36; Code of Civil Procedure (CPC), 1908 - Sections 115; Constitution of India - Article 133 (1)

Reported in : AIR1976Guj72; (1976)GLR210

Supreme Court. In view of this conclusion, the oral application is rejected.29. Application dismissed. Civil - document - Sections 35 and 36 of Stamp Act, 1899, Section 115 of Code of Civil Procedure, 1908 and Article 133 (1) … promissory note payable otherwise than on demand and, therefore, under Item 49 of Schedule I of the Indian Stamp Act. 1899, it was required to be stamped as if it was a bill of exchange and the proper stamp

Kuldip Kaur and ors. Vs. Prakash Chand Khurana and ors.

Court : Delhi

Subject : Property

Acts : Stamp Act, 1899 - Sections 35

Reported in : AIR1983Delhi328; 23(1983)DLT131; 1983(4)DRJ80

and penalty instrument becomes effective. It has been observed, 'that proviso (a) of section 35 of the Indian Stamp Act 1899 is of equal ambit with the body of the Section, and that just as an instrument cannot be … arbitration clause. Disputes arose and thereforee, Shri Harnam Singh Sachdev on 9th December, 1971 filed an application under section 20 of the Arbitration Act for reference of the disputes to the................................ ............... ......... ............... ..................named arbitrator.Shri Krishan

Hyundai Motor India Limited Vs. Opal Metal Engineering Pvt. Ltd.

Court : Delhi

Subject : Civil

Acts : Indian Stamp Act, 1899 - Sections 35; Delhi Rent Control Act; Transfer of Property Act, 1882 - Sections 106, 108 and 116; Code of Civil Procedure (CPC) - Order 7, Rules 9 and 11

Reported in : AIR2009Delhi1; 2008(106)DRJ365

lease agreement is an unregistered document, and is hit by the provisions of Section 35 of the Indian Stamp Act, 1899 (in short `the Stamp Act'), the suit is barred by law.2. A brief reference to the facts of … 31.12.2006 and that as the lease agreement is an unregistered document, and is hit by the provisions of Section 35 of the Indian Stamp Act, 1899 (in short `the Stamp Act'), the suit is barred by law.2.

K. Bhaskara Rama Murthy and ors. Vs. K. Satyavathi Devi and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Stamp Act, 1899 - Sections 35

Reported in : 2004(2)ALD336

AIR 1962 AP 132, a learned Single Judge of this Court while referring to Section 35 of the Stamp Act, 1899 held that an unstamped instrument of partition is not at all admissible in evidence even for a collateral … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised

Selvaraja Achari. Vs. M.Rajeswari

Court : Chennai

Subject : Constitution

Acts : Indian Stamp Act, 1899 - Section 35; Constitution of India - Articles 226

'Even if a contesting party is in wrongful possession of unstamped document, since Section 35 of the Indian Stamp Act, 1899 operates as clear bar, relief cannot be granted to other party on the ground that it was not … sparingly used and with caution. It is true that opinion of a handwriting expert is relevant as per Section 45 of the Evidence Act, but that too is not conclusive. There can be no doubt that an

Hariom Agrawal Vs. Prakash Chand Malviya

Court : Supreme Court of India

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

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 … 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

Padmaja Ashok Vs. Dr.E.Rajyasree and ors.

Court : Chennai

Subject : Civil

Acts : Indian Stamp Act, 1899 - Section 18, 35, 36, 61, 42, 43, 3(c), 11, 32, 33; ndian Limitation Act - Section 10; Guardians and Wards Act, 1890 - Section 20

without collecting the stamp duty and penalty, as per Section 18 read with Section 35 of the Indian Stamp Act, 1899?(iii) Whether the lower Court was justified in awarding Rs.1000/- per month towards damages for use and occupation payable … the above precedent would also exemplify and demonstrate that marking is different from proving a document or report.24. Sections 35 and 36 of the Stamp Act are also re-produced hereunder.Sec.35. Instruments not duly stamped inadmissible in evidence etc.