Judgment Search Results Home > Cases Phrase: bombay stamp amendment act 1990 Court: kerala Page 1 of about 349 results (0.092 seconds)

Kerala Builders Forum and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : 2009(3)KLJ228

..... agreement is entered into and that agreement itself contemplates the delivery of possession of the property within the stipulated time, then such an agreement should be deemed to be a conveyance for the purpose of duty leviable under the bombay stamp act.in the case on hand also, there is a specific stipulation in ext.p2 that the third petitioner will complete the construction of the flat by 31.12.2008 and handover possession within 90 days thereafter.10. ..... state of maharashtra (supra), wherein the validity of a provision in the bombay stamp act, providing that agreement for sale of a flat plus delivery of possession will be deemed to be conveyance ..... stamp duty if any paid in respect of such agreement shall be deducted from the stamp duty payable for the _____________________________________________________________________________________________a new clause (f) has been added to article 44 by the aforementioned amending act ..... decision, the apex court held as follows:the duty in respect of an agreement covered by schedule i, article 25, explanation i of the bombay stamp act, 1958 is leviable as if it is a conveyance. ..... there is some vagueness in the provisions, the same will not vitiate them, in view of the submission of the learned government pleader, which we have recorded, that the amended provisions will not be invoked to levy duty on works contract, but only on builders who make constructions executing agreements/documents in the nature of exts.pl to p4. ..... nadu : air 1990 sc 85, k. .....

Abdul Rahiman Vs. State of Kerala

Court : Kerala

..... documents or any state examiner of questioned documents, as the case may be,] were included in crl.a.nos.114 & 135 of 2004 16 the section 293 of the code by amendment act of 2 of 2006 by section 5 a of that act which came into effect from 16.4.2006 and by virtue of this, gazetted officer of the mint or of the indian security press including the office of the controller of stamps and stationary which existed earlier were deleted and the above mentioned persons were included. ..... (4) this section applies to the following government scientific experts, namely:- (a) any chemical examiner or assistant chemical examiner to government; (b) the chief controller of explosives; (c ) the director of the finger print bureau; (d) the director, haffkeine instituite , bombay; (e) the director [deputy director or assistant director] of a central forensic science laboratory or a state forensic science laboratory; (f) the serologist to the government crl.a.nos.114 & 135 of 2004 15 [(g) any other government scientific expert specified, by notification, by ..... state of maharashtra (2001 crl.l.j3396 the bombay high court observed that if the witnesses have crl.a.nos.114 & 135 of 2004 10 admittedly received fake notes from accused, fake notes were recovered from the possession of the accused, then it can be presumed .....

Chief Project Manager Vs. Aji Kurian

Court : Kerala

Reported in : AIR2004Ker206; 2003(3)KLT56

..... travancore-cochin, as the case may be; (b) as respects anything done after the commencement of the constitution and before the commencement of the constitution (seventh amendment) act, 1956, shall mean the government of the state of travancore-cochin and (c) as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, shall mean the government of the state of kerala; and shall, in relation to functions entrusted under article 258a of the constitution to the government ..... there the court held that since the stamp act is a central act and even though that act was amended by the state act, principal act being a central act, definition in the general clauses act will apply in the absence of a specific definition in that act and the term 'government' will include central government and state government ..... section 73a was inserted by kerala court fees and suits valuation (amendment) act, 2002 which provides that no court fee is payable on suits, appeals, revisions, ..... it is contended by the government pleader that the parent act as well as the amendment act which introduced section 73a relates to the payment of court fees when cases, petitions ..... so the word 'government' used in the state act, after the commencement of the 57th amendment act, 1956 shall mean the government of the state of ..... but in this case the parent act as well as the amendment act are state laws and not central ..... as held by the bombay high court in ram pratap jai dayal v .....

Vardhaman Publishers Limited, Vs. Mathrubhumi Printing and Publishing ...

Court : Kerala

Reported in : [1991]71CompCas1(Ker)

..... that the inclusion of clause 17 in the articles was in the larger interests of mathrubhumi and that it was only by a sheer accident that the decision to call the extraordinary general meeting to amend the articles was taken at the time when the applications for share transfer from the petitioners were pending. ..... were carried on for a very long time, those in management at that time voluntarily made a statement before the bombay high court that they would submit to the orders of the high court without admitting the correctness of the allegations made ..... however, transfer of shares requires to be entered in the share register in order to complete the transfer as provided under sections 106 - 108 of the companies act, it is well-settled that there is no inherent power to refuse to register a transfer and that any power to refuse to register transfers must be conferred ..... , air 1969 sc 1238, at page 1240, the supreme court held as follows :'the stamp act is a fiscal measure enacted to secure revenue for the state on certain classes of instruments ; it is not enacted to arm a litigant with a weapon of technicality to ..... the beneficial interest in the shares passed to the transferees and the transfer of shares was complete when duly executed and stamped transfer deeds were delivered to the company irrespective of the fact whether the company registers it or not (see k.n ..... a reply affidavit dated january 15, 1990, was filed by the first petitioner controverting the averments in ..... sarkar [1990] 67 ..... 1990 .....

P. Parukutty Amma and anr. Vs. K.M. Ramanunni Nair and ors.

Court : Kerala

Reported in : AIR1966Ker150

..... those proceedings can be validated by payment of the required fees in the manner prescribed by law ultimately the full bench itself agreed with the reasoning of the referring judge, and after giving its stamp .of approval to the reasons given by the learned judge the full bench also refers to section 149 of the code of civil procedure, 1908, which according to the full bench, is in ..... down by the full bench decisions of the madras and palna high courts the power of entertaining an application for amendment of the plaint under circumstances similar to those existing in the case on hand, is recognised directly by the bombay high court in airule 1939 bom 354. ..... case the defendant was actually sued in time as provided by the limitation act the fad that the plaint was not properly stamped does not in the least militate against its efficacy, although. ..... act 7 of 1870 in respect of a document received through mistake or inadvertence, and which was not affixed with pro per court fee or stamp which it ought to bear under the act, provision is made for collecting the necessary fee or stamp and when once the requirement of payment of additional fee is complied with, the document so received by inadvertence and every proceeding relating thereto shall be as valid as if it had been properly stamped ..... of the main objects of the court fees act is to levy fees for services to be rendered by the courts and public offices and the plaint is not to be effectual for such purposes until if is duly stamped. .....

Mathai Varkey and anr. Vs. Varughese Chacko

Court : Kerala

Reported in : AIR1974Ker185

..... the main point urged by the learned counsel for the appellant is that order 21, rule 85 requires that the amount required for the general stamp paper for the certificate under rule 94 shall be paid by the purchaser into court before the court closes on the fifteenth day from the date of the sale of the ..... the respondent, that the law as it stood on 7-12-1965 did not require the auction-purchaser to produce the amount for the general stamp paper for the sale certificate, and therefore it was the legitimate right of the respondent to get the sale confirmed without any formality ..... time for payment in full of purchase money : the full amount of purchase money payable together with the amount required for the general stamp paper for the certificate under rule 94 shall be paid by the purchaser into court before the court closes on the fifteenth day from the date of the sale of the property; ..... to deposit the amount for the general stamp paper for the sale certificate, and that the court was bound to confirm the sale without insisting on the production of the amount for the stamp paper, even though the order of confirmation was passed only after the coming into force of the amended rule. ..... prosecution or defence in the manner prescribed for the time being by or for the court in which the case is pending and if by an act of parliament the mode of procedure is altered he has no other right than to proceed according to the altered mode. ..... state of bombay, (air 1958 sc 915) has been cited by .....

Sankaran Nadar Lekshmanan Nadar Vs. Varathan Nadar Krishnan Nadar and ...

Court : Kerala

Reported in : AIR1961Ker142

..... full bench decision of the madras high court, the learned judges observe at page 263 as follows:-- ' in these circumstances, in view of the weight of authority, i think that it should now be declared that the bombay decisions arc not good law, and that this court should fall into line with all other high courts, and should hold that, where in a suit for partition the plaintiff claims to be in constructive ..... judges had to consider in the first instance under which provision of the act, the plaint requires to be stamped in respect of the plaintiffs general relief for partition and deliveryto him of his ..... according to the learned judge, court-fee has been paid in pursuance of section 3, sub-section 4, clause (e) of the travancore-cochin court-fees act, and it is the further view of the learned judge that the prayer for partition find separate possession in this case comes well within the scope of clause (e) of sub-section ..... ii of the court fees act, 1870, as amended in madras, corresponds to article viii, clause 8, of schedule ii of the travancore-cochin court-fees act. ..... other high courts have been referred to that suits for partition and separate possession by persons claiming to be in joint possession as co-owners or otherwise are governed by article 17-b of schedule ii of the indian court fees act as amended by madras act, corresponding to article viii, clause 8 of schedule ii of the tranvancore-cochin court fees act. ..... of schedule ii of the court fees act as amended in madras. 18. .....

The Oriental Insurance Co.Ltd. Vs. Shobhana Omanakuttan

Court : Kerala

..... hear the application and may call upon the parties to produce on that date any evidence that they may wish to tender: provided that in the case of an application for compensation under section 140 of the act the owner or insurer or driver, as the case may be, shall be directed to appear not later than 10 days from the date of issue of the notice and the date so fixed shall also be ..... shri george cherian, learned senior counsel for the insurance company, in reply, submitted that even the provisions of the kerala torts (miscellaneous provisions) act, 1976, especially section 8 will show that there should be apportionment of amount of compensation where there is contributory negligence which can be made only ..... undertaking itself and thereafter it was permissible for the tribunal even without an amendment having been granted to make an award of compensation in favour of the ..... impleaded as a party to the application as originally filed, or if the name of the insurer is not correctly given therein, it shall be open to the applicant to make an application to the claims tribunal for appropriate amendment to the application for the purpose of bringing the insurer on record. ..... the apex court has noted in paragraph 26 that "the kerala, bombay, madras, allahabad, patna,punjab and haryana and delhi high courts, on the one hand, noticing a large number of decisions, held that ..... fit, it may receive from the applicant addressed envelopes with sufficient postal stamps affixed for service of notice.378. .....

Valia Veettil Komappan Vs. Elamakandy Kinnattumkara Karthiyayini and o ...

Court : Kerala

Reported in : AIR1969Ker203

..... there the learned judge held:--'whether a court after receiving a plaint and cancelling the stamp affixed thereto returns the plaint for presentation to the proper court under order 7, rule 10 the lattercourt to which the plaint is presented is bound to give credit for the fee already levied by the former ..... there it was held;--'when a court after receiving a plaint and cancelling the stamp affixed thereto returns the plaint for presentation to the proper court under order 7, rule 10 of the civil ..... if the act is amended in the meantime increasing the amount of fee payable thereunder the plaintiff should be credited with fee originally ..... court thought that administration of justice, except where it relates to the supreme court and the high court, is a state subject and therefore, the court-fee stamps purchased in delhi could not be used in the court in the state of delhi. ..... there, the court after receiving the plaint and cancelling the stamp returned it for presentation to the proper court under order 7, rule 10, civil ..... but according to the bombay high court, even a refund of court-fee can be ordered in the case of return of the plaint invoking the inherent jurisdiction of ..... hence the bombay city civil court has jurisdiction under section 151 to make an order for refund of court-fees when it returns a plaint under order 7, ..... state of bombay, air 1951 bom 130:--'in the interest of justice an order for refund of court-fees should be made by the court which returns the plaint under order 7, .....

Excel Glasses Ltd. and ors. Vs. State of Kerala

Court : Kerala

Reported in : (1992)IILLJ330Ker

..... kerala industrial establishments (national and festival holidays) amendment act, 1990 (for short, amendment act) increased the national holidays from three to four with the addition of gandhi jayanthi, birth day of the father of the nation, falling on 2nd of october, festival holidays were increased from four to ..... contention of the respondents is that this decision overruled (air) 1980-sc-1789 (supra) and restored article 31c in the form in which it was amended by the 42nd amendment act and, hence all laws giving effect to the policy of the state towards securing the principles laid down in part iv, including article 43, are entitled to the ..... then article 31c was again amended by the 42nd amendment act, which received the assent of the president on january 3, 1977.section 4 of the act amended article 31c to include all or any of the principles laid down in part iv instead of the principles specified in clause(b) or (c) of article 39 ..... legislations do not have any substantial bearing in deciding the validity or otherwise of the amendment act, which is intended for the social welfare of workers.26. ..... we are not concerned with the amendment of article 368 introduced bysection 55 of the 42nd amendment act, which was also struck down in (air) 1980-sc-1789 ( ..... that which is passed into law is within the scope and powers conferred on a legislature and it violates no restrictions on that power, the law must be upheld whatever a court may think about it (state of bombay and anr. v. f.n. .....