Judgment Search Results Home > Cases Phrase: bombay stamp amendment act 1990 Page 7 of about 28,914 results (0.139 seconds)

Ashok Bansilal Mutha and Another Vs. State of Maharashtra and Others

Court : Mumbai Aurangabad

..... learned counsel for petitioners states that amendment like section 32a and the bombay stamp (determination of true market value of property) rules, 1995, have come into force subsequently. ..... he submits that even after those amendments, there are certain grounds to challenge the annual statements issued under rule 4 thereof. ..... he reserves right of petitioner to challenge those amendments, if occasion therefor arises in future. 4. ..... the contention is, registration of an otherwise valid document tendered by the petitioners was being denied on the strength of a ready reckoner issued when there was no legal provision in bombay stamp act, 1958. 3. ..... he submits that issue of valuation of 1990 document is likely to be opened, the moment writ petition is disposed of. .....

Bhupendra Singh Vs. Board of Revenue U P

Court : Allahabad

..... raghunath (supra), the apex court held as under:- "the inclusion of the words "by any provision of the transfer of property act, 1882", by the amending act, 1929, settled a doubt entertained as to whether the documents of which the registration was compulsory under the transfer of property act, but not under section 17 of the registration act, were affected by section 49 of the registration act. ..... of any sale held after the first day of april, 1879, shall be drawn up upon a stamp paper of the value required by section 3 clause (a) and article 18 of the 1st schedule and section 35 of the indian stamp act (no.ii of 1899) as amended in its application to uttar pradesh. ..... penalty imposed upon the petitioner for an amount of rs.54,883/- under section 40, sub clause (b) of the stamp act is also illegal for the reason that the stamp duty itself is not chargeable and as such, the penalty clause would not be applicable in the case ..... also submitted that under article 18 of schedule 1-b of the indian stamp act (for short "the stamp act") the sale certificate cannot be subjected to any stamp duty and the orders passed by the opposite parties are illegal and ..... learned counsel for the petitioner is that under section 89 (2) of the registration act (for short "the act") the sale certificate cannot be subjected to stamp duty as the sub registrar is only required to file the copy in his ..... the collector vs rambhau tukaram nirhali (supra), high court of bombay in para 2 held as under:- "2. ..... a bombay case .....

Baldevdas C. Parikh Vs. Khimji Poonja and Co.

Court : Mumbai

Reported in : (1947)49BOMLR649

..... not less than x rupees shall be charged, i am afraid there is fallacy in this argument advanced, for if for instance in the event of government regulating any dealings on the stock exchange it lays down by an act that the form shall consist of a clause that a margin of x rupees shall be charged by stock brokers it will be contrary to public policy to allow that such a statutory provision can be waived by a party benefiting thereunder. ..... , in force from time to time and subject also to our usual charges and terms of business as commission agents five hundred full pressed bales of new m.g...cotton for delivery in bombay for september 1 to september 25, 1945.the type of cotton is described by reference to the locality from which it comes and then are details with regard to price, some restrictions on weight ..... material because on september 19, 1944, the government of bombay, by an emergency notification of the finance department, amended the official forms of clients contract notes contained in the bye-laws of the association to which i will refer in a moment, and it is those amendments and additions which are omitted from the relevant contract ..... note, except for the addition by the rubber stamp, is the form of contract-note current up to the year 1935, and the rubber stamp addition appears to have been added some time later ..... added to that clause by a rubber stamp impression are these words:in addition to the above, the deposit (not carrying interest) payable under by-law 51a, namely at .....

Shankar Balwant Lokhande (Dead) by L.Rs. Vs. Chandrakant Shankar Lokha ...

Court : Supreme Court of India

Reported in : AIR1995SC1211; JT1995(3)SC186; (1992)IILLJ18SC; 1995(2)SCALE318; (1995)3SCC413; [1995]2SCR776; 1992(1)SLJ7(SC); 1995(1)LC707(SC)

..... 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. ..... respondent, is that the privy council upheld the principle of making an application within three years from the date when the right to apply accrues, as provided in article 181 of the old limitation act, the ratio of the aforesaid case applies to the facts in this case since the application had not been made within three years or within 12 years and so, it was hopelessly barred by limitation. ..... court negatived the contention and held that the preliminary decree was not a conditional decree and its enforceability was not dependent upon the future act, namely, payment of the deficit court fee; and payment thereof at a later date would not provide fresh limitation to run from that ..... final decree is passed, that is, on the date on which the judgment directing the final decree to be drawn is given and not from any subsequent date on which the party supplies the non- judicial stamp for engrossing the final decree and when the court engrosses the final decree on the ..... 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'. .....

Jyoti W/O Anil Ganeshpure Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(2)ALLMR196; 2006(3)BomCR852; 2006(2)MhLj173

..... not reproduced deal with the orders passed under various enactments like payment of gratuity act, bombay prohibition act, maharashtra land revenue code, bombay stamp act, electricity (supply) act, 1948, indian railways act, motor vehicles act, maharashtra universities act etc.6. ..... ultimately, division bench found that main challenge in writ petition was to government circular/resolution dated 26 december, 1990 and also to letter issued by dairy development commissioner on 4th january, 1991 and such challenge does not ..... hon'ble division bench found that the amendment deleted the words 'under section 91' and hence the scope of amended sub-rule (12) was wider than the ..... undergone further amendment on 16-10-1997 and currently it reads as - 'the orders passed under the maharashtra cooperative societies act, 1961.'7. ..... amendment sub-rule (12) was in fact sub-rule (11) and it read as 'the decisions given in proceedings in respect of disputes under section 91 of maharashtra co-operative societies act ..... has considered the provisions of sub-rule (12) of rule 18 which then read after amendment as 'the decisions given in any proceedings in respect of disputes under the maharashtra co-operative societies act'. ..... after considering the provisions of the rule 2-ii(k) in chapter i of bombay high court appellate side rules which deals with matters to be disposed of by single judge and provisions or rule 18 of chapter xvii thereof, the division bench in paragraph 8 of judgment observed that explanation to .....

Md. SerajuddIn Vs. Md. Abdul Khalique

Court : Guwahati

..... (para 12):-'in 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. ..... a final decree has been dealt with and discussed in air 1995 sc 1211 in the context of section 2(9) of bombay stamp act (1958) and limitation act (9 of 1908) article 182. ..... order may invite an occasion for agitating the matter before the high court to invoke the revisional jurisdiction in consonance with the law cited in air 2003 sc 3044 (paras 34/38) which says that amendment of section 115 of c.p.c. w.e.f. ..... 67/1986/14/1987/7/1989/122/1990/83/1990 against him praying for redemption of the suit land (land pertaining to ..... decree in order to ascertain its precise meaning acting, however, within its well known limitations.24. ..... except by resort to such provisions of the code of civil procedure as permit its reversal, modification or amendment. ..... is passed and a direction is issued to pay stamped papers for engrossing final decree thereon and the same is duly engrossed on stamped paper(s)', it becomes executable or becomes an instrument duly stamped. ..... 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 of authenticated by any such person or by any public officer unless such instrument is duly stamped'. .....

Nagala Dinne Erranna Vs. Angadi Modappa and anr.

Court : Andhra Pradesh

Reported in : AIR1963AP457

..... is in the following terms:-'provided that where the stamp borne on the instrument is a postage stamp and the proper description of stamp is a stamp bearing the words 'india revenue', or the words 'revenue b and o' or the words 'bombay revenue', the collector shall so certify if the instrument was executed before, and shall not so certify if it was executed on or after the 1st april, 1935'.in the proviso to rule 18, the madras amendment has substituted the words 'or the words 'revenue b and ..... in evidence, reads as follows :-'no instruments 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:provided that --(a) any such instrument not being an instrument chargeable with a duty not exceeding, ten naye paise, only, or a bill of exchange or promissory note, shall, subject to all ..... , held that it was at the most an instrument bearing 'a stamp of sufficient amount but of improper description' within the meaning of section 36 of the indore stamp act (which corresponds to section 37 of the indian stamp act), and that it could be certified to be duly stamped by the collector within the meaning of the section. .....

M/s. Dosti Corporation and Another Vs. Sea Flama Co-operative Housing ...

Court : Mumbai

..... . state of maharashtra, reported in (1994) 4 scc 602 in which the supreme court has culled out the principles with regard to the ambit and scope of an amending act and its retrospective operation as follows:- (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects procedure, ..... came to know that on 4th march, 2011 the urban development department of the state government had sent a letter to the municipal commissioner requesting it to submit a proposal for amendment of clause 33(24) of the development control regulation for limiting the height of parking towers to 4 floors and also revocation of all sanctioned proposals where the commencement certificate had not ..... affidavit in reply filed by the defendant no.1 in the suit filed by the plaintiff before the bombay city civil court clearly indicates that neither any reference to the act of 2012 were made therein, nor any submissions were advanced before the learned trial judge though certain provisions of the said act were already brought in force before the submissions were advanced by both the parties before ..... mr.reis, learned senior counsel appearing for the respondent no.1 (original plaintiff) in appeal from order (stamp) no.23483 of 2015 submits that the original building plan was sanctioned in the year 2004 in respect of one ..... 117 of 2016 and appeal from order (stamp) no.23483 of 2015 are dismissed .....

Chief Controlling Revenue Authority Vs. Costal Gujarat Power Ltd. and ...

Court : Supreme Court of India

..... through the provisions contained in sections 33, 39, article 6 and 6(b) of the act as also bombay stamp (gujarat second amendment) rules, 2007 and the circular dated 2.4.2007 ..... the said agreement, the state bank of india (project finance sbi bombay) was appointed as a security trustee to act on behalf of the secured parties, pursuant to the trust created by ..... . the collector referred the matter under section 56(2) of the act to the decision of chief controller, revenue authority, who eventually referred it to the high court of calcutta stating his own opinion that stamp duty was payable on the power for as many respective capacities as the ..... . for better appreciation sections 4, 5 and 6 of the gujarat stamp act is reproduced herein below:- section 4- several instruments used in single transaction ..... by taking aid of the provision of the indian trust act and after creation of a different valid trust deed and making payment of stamp-duty thereon in accordance with law, the state bank of india became the security trustee of the lending banks and held the mortgage for and ..... gujarat high court on reference made by the chief controlling revenue authority, state of gujarat under section 54(1a) of the gujarat stamp act, 1958 (in short, the act ), passed the impugned judgment and order dated 3.12.2012 in stamp reference no.1/2011 answering the reference in favour of the respondent and against the revenue holding that the respondent was not required to pay the dues of deficit stamp duty of rs. .....

Khuraijam Ongbi Thoibisana Devi and Ors. Vs. Akoijam Amubi Singh (dece ...

Court : Guwahati

..... show that the deed is impounded under section 35 of the stamp act and the plaintiff also produced licence as required under the bombay money lenders act, the question of maintainability of this suit on the point does ..... it was pointed in both the decisions that the definition of 'bond' in the stamp act or for that matter in the limitation act is not exhaustive as would appear from the word 'includes' with whose aid this word has been defined in both these enactments, so it was held that the definition given in these acts cannot be taken to apply generally to the term 'bond' as distinguished from mortgages, gifts and wills about which ..... as one swallow would not make a summer, so too taking up of one contract work would not make a person a contractor within the meaning of section 2(18) of the act, which has defined the word 'trader' to mean a person who in the regular course of business buys and sells goods or other property. ..... are (1) whether the suit was hit by section 10(1) of the bombay money-lenders act, 1946, hereinafter the 'act', which was extended to this union territory by notification dated 4-8-61? ..... secondly, as the attesting witness could not be found, the case is covered by section 69 of the evidence act, inasmuch as the attestation by chandrakriti has been proved by pws 1 and 2, who have also testified about ..... that section 10 of the act was not applicable and as this plea had not been taken in the written statement, the same could not be done without amendment of the pleading. .....