Court : Karnataka
Reported in : ILR2004KAR1892; 2004(3)KarLJ310
..... and charitable trust's case, supra, is also not applicable to the fact situation and the reliance placed upon the judgment of bombay high court hanuman vitamin foods private limited, referred to supra, contending that maharashtra co-operative societies act, 1960, the provisions of sections 29 and 30 of the bombay stamp act, 1958, section 2(1), 2(g) and schedule 1, article 25(b)(i) (as amended in 1985) transfer of shares by the co-operative societies, document of transfer, transferee getting right of allotment and occupancy of office premises previously ..... bank, : [1990]3scr649 wherein the apex court dealing with the provisions of the public premises (eviction of unauthorised occupants) act (40 of 1971) and the bombay rent control act, delhi rent control act, 1959 and also examining the provisions under article 246(1) and (4) of the constitution of india and entries 32, 95 and 97 of list i of seventh schedule and entries 6, 7 and 13 of list iii of seventh schedule, at paragraph 54, it has clearly held that the public premises eviction act is deemed .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR655
..... this behalf it is necessary to note that section 2(a) of the bombay stamp act, 1958, as amended by the local act, provides that a decree of civil court is required to be stamped as per article 46 in schedule i. ..... only on the death of kotturbasappa, the legal representatives were brought on record and for the purpose of convenience that the petitioners were called upon to file the amended petition showing the names of legal representatives, and accordingly an amended petition showing the names of all the legal representatives was filed, which did not contain the signature of p.b. ..... he also contended that even if such an application is to be filed, it has to be filed as per the residuary article 137 of the limitation act, within three years from the date of accrual of cause of action, the petitioners have not filed such application and as such the application for final decree is barred ..... their specific case that the alienation in the petition are hit by the provisions of the karnataka vacant lands in urban areas (prohibition and alienation) act, 1975 and the petitioners 2 to 5 being strangers of the suit schedule property are not entitled to pursue this petition. ..... 34 thereof lays down that "no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer unless such instrument is duly stamped". .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR655
..... this behalf it is necessary to note that section 2(a) of the bombay stamp act, 1958, as amended by the local act, provides that a decree of civil court is required to be stamped as per article 46 in schedule i. ..... only on the death of kotturbasappa, the legal representatives were brought on record and for the purpose of convenience that the petitioners were called upon to file the amended petition showing the names of legal representatives, and accordingly an amended petition showing the names of all the legal representatives was filed, which did not contain the signature of p.b. ..... he also contended that even if such an application is to be filed, it has to be filed as per the residuary article 137 of the limitation act, within three years from the date of accrual of cause of action, the petitioners have not filed such application and as such the application for final decree is barred ..... their specific case that the alienation in the petition are hit by the provisions of the karnataka vacant lands in urban areas (prohibition and alienation) act, 1975 and the petitioners 2 to 5 being strangers of the suit schedule property are not entitled to pursue this petition. ..... 34 thereof lays down that "no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer unless such instrument is duly stamped". .....
Tag this Judgment!Court : Karnataka
Reported in : [2009]150CompCas623(Kar); 2009(4)KarLJ388; [2010]97SCL290(Kar)
..... transferee company and with the consent of the shareholders to the scheme is sufficient for the purpose of effecting this amendment under sections 16, 81 and 94 - 97 of the companies act and it is not necessary to pass further resolutions in this regard and that no registration fee or stamp duty can also be chargeable against the transferee company. ..... that toe petitioner-company is a listed company with the stock exchange where its shares are listed and has received no objection certificates from the bombay stock exchange and the national stock exchange as well as bangalore stock exchange as per annexures-l, m and n respectively and that the equity shares of the transferor company are not ..... vested in the petitioner-company, subject to approval and sanction of this court within whose jurisdiction the transferee company is situated as well as the approval and sanction of the high court of judicature of bombay and high court of punjab and haryana within whose jurisdiction the registered offices of the transferor company no. ..... has been granted approval and sanction by the high court of judicature at bombay which has been sanctioned by order dated 5.9.2008 and transfer company no. ..... contention reliance is placed on the decision of the bombay high court in the case of pmp auto industries ..... 1 before the high court of judicature at bombay and the bombay high court has accorded sanction to the scheme subject to the sanction of the scheme by this court and by the high court of punjab and haryana .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant21; ILR1979KAR639; 1979(1)KarLJ198
..... but the plaintiff pointed our immediately thereafter that in addition to the revenue stamps, additional stamp with the inscription 'refugee relief' of the requisite value has to be affixed as required by the stamp and excise duties (amendment) act, 1971. ..... 17 had been complied with, and the madras high court held that the uncontradicted evidence of the plaintiff shows that the acts were practically simultaneous and the stamping was therefore done at the time of execution within the meaning of section 16 which corresponded to section 17 of the present act.with very great respect to the madras high court, it is difficult to understand the significance of the expression 'practically simultaneous ..... ((1901) ilr 24 mad 259) this is what the madras high court observed:-- 'the uncontradicted evidence of the plaintiff shows that the acts were practically simultaneous and the stamping therefore was done 'at the time of execution' within the meaning of s. ..... 2(1) of the stamp act to mean as follows:-- ''duly stamped', as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in india.'6. ..... with great respect, i find it not possible to agree with view taken by the bombay high court in rohini's case. 8. ..... support of his contention, sri gunjal, learned counsel for the appellant, relied on the decision of the bombay high court in mrs. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1998Kant318; ILR1998KAR2512; 1998(4)KarLJ318
..... the learned trial judge considered the ratio laid down by the andhra pradesh high court in the case stated supra on behalf of the petitioners for the proposition that, the act referred to above is a taxing statute it does not specify a written statement or memo of compromise as a chargeable for court fee is not correct position of law holding that, facts of the said case referred to ..... directed the petitioners to pay the court fee on the terms to be incorporated in the judgment and decree as per the amended act. ..... was required to be incorporated in the judgment and decree on such sum the petitioners were directed to pay court fee prevalent as on the date in respect of the suit not on the basis of the amended court fee act, and as the decree would relate back to the date in respect of a suit. ..... learned counsel for the petitioners was negatived by tbe trial judge holding that, the amended court fee act was not prevalent as on the date of institution of the suit.8. ..... in support of his contention, he strongly relied upon the law laid down by the bombay high court in gangaram tillockchand v the chief controlling revenue authority, contending that court fee has to be paid as on the date of the order passed by the court but, not as on the date ..... to the date and in respect of suit.the learned trial judge has further held in the matter of grant of probate and payment of court fee in such matters on the non-judicial stamps only if the court grants the probate or grant the succession certificate. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR209; [1996]219ITR54(KAR); [1996]219ITR54(Karn); 1996(41)KarLJ54
..... duttu, learned counsel appearing for the first respondent, submitted that there is no provision in the it act empowering the first respondent to amend the certificate already issued. ..... he submitted that in the instant case it cannot be said that any mistake has been committed by the appropriate authority and, therefore, in the circumstances the first respondent is not in a position to either correct or amend the certificate already issued in favour of the transferor-company. ..... naganand, learned counsel appearing for the petitioner, pointed out that in terms of the scheme of amalgamation approved by the high court of judicature at bombay, the appointed date for amalgamation was 1st april, 1994. ..... 269uj of the it act to amend the said certificate by substituting the name of ..... and all their other interests, right title, licences and powers and authorities, of every kind, nature and description whatsoever (all which are hereinafter collectively referred to as 'the undertaking') shall without any further act or deed, be and the same stand transferred to and vested in the transferee-company pursuant to ss. ..... it would take effect finally on the date the certified copies of the order of the high court of judicature at bombay are filed with the registrar of companies, maharashtra. ..... from the averments in the petition, it seems that on 31st july, 1995, the authorised representative of the transferee-company accompanied by the vendors presented the sale deed engrossed on stamp paper of the value of rs. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR735
..... the respondent's counsel submitted that the matter is seized by the high court of bombay and this court should not exercise any powers under section 247 of the indian succession act, for it would come into conflict with the decision if any in the suit and the propriety demands that this court should stay its hands ..... this submission does not detain this court from proceeding with the matter for no appointment of receiver has yet been made by the bombay high court for the estate of the deceased, except to take inventory of the moveables and immoveables of the deceased. ..... holla, learned counsel for respondents, stated that the 1st respondent was moving between bangalore and bombay other places and as such there were lapses and that cannot be attributed for the death of horses, for the death of horses are normal in any stud ..... the learned counsel for the respondent has taken me through the plaint filed in the bombay high court and the order obtained therein as well as the alleged release deed dated 25-3- ..... the respondents' counsel has pointed out that the 1st petitioner has taken the stand in the application filed in court on 23-11-1990 that she has no objection the respondent marthand singh mahindra is being appointed along with mr. ..... stud farm including the residential house situated therein and the plea that the same was bought on behalf of his minor son master marthand singh mahindra was only an after thought in view of the amendment to section 10(27) made by the finance act, 1975.12. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant61; 1978(1)KarLJ34
..... maintained by the learned counsel for the first respondent that the laud in question having already been declared as 'fragment' under the repealed bombay act the same continues to be a fragment under the karnataka act and therefore, the prohibition contained in section 5 (1) (a) is attracted to the facts of the present case. ..... the area specified in column (3) of the schedule to this act, in respect of the class of land specified in the corresponding entry of column (2) of the said schedule; provided that- (a) in the district of north kanara, standard area means the area determined to be the standard area for different classes of land in different local areas in the said district under the bombay prevention of fragmentation and consolidation of holdings act, 1947 (bombay act 62 of 1947), and in force before the commencement of ..... 47 of the karnataka act, the bombay prevention of fragmentation and consolidation of holdings act, 1947, (hereinafter referred to as 'the bombay act') was repealed, expressly providing that section 6 of the karnataka general clauses act, 1899, shall be applicable in respect of such repeal and section 24 of the said act shall not be applicable. ..... necessary to point out at this stage that the same section 47 provides that section 24 of the general clauses act shall not be applicable in respect of the repeal of the bombay act, and other enactments specified in section 47 of the karnataka act, section 6 of the karnataka general clauses act, 1899, reads as follows. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1971Kant298; AIR1971Mys298; (1971)1MysLJ453
..... this view of ours does not also derogate from the rule of statutory construction that the law relating to procedure in regard to the conduct of cases should ordinarily be held to be retrospective for the reasons that an amending law which alters the forum and abridges existing rights of appeal is not merely a procedural law.the above view receives support from the observations of the supreme court in garikapati veeraya v. ..... if the legislature really intended that those proceedings should be tried by the courts and authorities under the act, they would have specifically made an express provision therefor as we find in the first proviso to section 50 of the bombay rents, hotel and lodging house rates control act, 1947 which came up for consideration before the supreme court in shah bhojraj kuverji oil mills and ginning factory's case, : [1962]2scr159 , or in section 6a of the madras cultivating tenants ..... the suit was instituted, he had acquired a right to prefer an appeal to the federal court whose jurisdiction had been transferred to the supreme court of india and that he had not lost that right on account of the amendment of the provisions of sections 109 and 110 of the code of civil procedure and the enactment of article 133(1)(a) of the constitution. .....
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