Court : Madhya Pradesh
Reported in : AIR2006MP131; 2006(2)MPHT149
..... being in pan materia with the provisions of bombay stamp act.9. ..... objection made by the counsel for respondent is concern, since the document has not been admitted in evidence in this very suit, therefore the contention of the respondent can not be accepted, because as per section 36 of the act, where an instrument been admitted in evidence such admission shall not be called in question at any stage of the same suit except as provided in section 61 be called in question at any stage of the same suit.15. ..... learned counsel submits that in view of the explanation of article 23 of schedule 1-a of indian stamp act the respondent is liable to pay the stamp duty at the rate of seven and half per cent of such market value. ..... from perusal of the explanation of article 23 schedule 1-a of stamp act and also from the law laid down by the hon'ble apex court in the matter of veena hasmukh (supra), it is evident that petitioner is in possession of property and not claiming possession of the property, therefore, stamp duty is payable as per article 23 of the stamp act. ..... therefore, the rider of section 35 of the stamp act is not coming in the way of the petitioner. ..... 739/2004, wherein this court has taken the view that since the possession of the land is with the vendee (plaintiff) and hence, it attracts the rigour of explanation appended to article 23 of the schedule 1-a of stamp act as amended by the state of m.p. .....
Tag this Judgment!Court : Chennai
Reported in : 1996(1)CTC167
..... ) 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. ..... the lower court is directed to grant time for (he plaintiff in the said suit o.s.no.253 of 1986 for submitting the stamp papers and if the plaintiff deposits the stamp papers, the lower court can thereafter proceed with the execution of the abovesaid decree.4. ..... until the final decree determining the rights of the parties by metes and bound is drawn up and engrossed on stamped papers) supplied by the parties, there is no executable decree. ..... when it is the condition precedent that the terms of the final decree have to be engrossed in non-judicial stamp papers, then without engrossing the terms of the final decree in the non-judicial stamp papers, the decree cannot be executed. ..... further, without engrossing the final decree in a non-judicial stamp papers, the final decree cannot he put to execution. ..... section 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. ..... the petitioners herein filed objection stating that the final decree has not been engrossed in the non-judicial stamp papers and as such it cannot be executed. .....
Tag this Judgment!Court : Chennai
Reported in : 2013(1)LW606
..... only, or a bill of exchange or promissory note, shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten ..... that the revision petitioner himself had executed the demand promissory note and at the time of execution of the demand promissory note he had brought the postal stamps and affixed on the demand promissory note and taking advantage of the illiteracy of the respondent/plaintiff, now he had schemingly set up a defence that the demand promissory note ..... after the amending act of 1923 (xliii of 1923) promissory notes payable on demand came to be charged to a duty ranging from one anna to four annas according to the amount secured, while bill of exchange payable on demand ..... even his written statement and even he had gone one step further and admitted the affixing of postal stamps in the demand promissory note and subsequently when the defect was brought to his notice, another promissory note affixed with revenue stamps for correct description was executed and that he had also admitted that the subsequent demand promissory note ..... " or the words "bombay revenue", the collector shall so certify if the instrument was executed before, and shall not so certify, if it was .....
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 : Madhya Pradesh
Reported in : 2007(1)MPHT278
..... provision is almost identical in terms to article 25 of the bombay stamp act, 1958 which was construed by the supreme court in veena hashmukh ..... possession of any immovable property is transferred to the purchaser before execution or after execution of such agreement without executing the conveyance in respect thereof then such agreement to sell shall be deemed to be a conveyance and stamp duty thereon shall be leviable accordingly:provided that, the provision of section 47a shall apply mutatis mutandis to such agreement which is deemed to be a conveyance as aforesaid, as they apply to a conveyance under that ..... section:provided further that where subsequently a conveyance is effected in pursuance of such agreement of sale, the stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance shall be adjusted towards the total duty leviable on the conveyance, subject to a mihimum of rs. 10.7. ..... land was delivered to him at the time of agreement and that he is in possession of the same, the instrument of agreement for sale is conveyance within the meaning of article 23 of the indian stamp act, 1899 as amended in madhya pradesh and as such it cannot be admitted in evidence unless it is impounded and proper stamp duty is paid.4. ..... 1-a to the indian stamp act, 1899 (hereinafter referred to as 'the act') as amended in madhya pradesh reads .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR643
..... be taken and the revision application can be filed as set out in the bombay rent control act, the district court or the small causes court's appellate bench is the final ..... respect of which condonation is sought, cannot override the provisions of sections 3 and 5 of the limitation act and the merits of the case cannot be regarded as the sole factor or a predominant factor while adjudicating ..... case of the plaintiff under section 13(1)(g) of the rent act read with section 13(2) of the rent act.3.4 thereafter, on or about 06/04/1988, the defendants carried that ..... this application under section 5 of the limitation act, 1963 requested this court to condone the delay ..... the limitation act pertains to ..... act ..... limitation act,1963 ..... section 5 of the limitation act, 1963, which is devoid ..... act ..... stamp number] no.2140 of 2001 further prosecuted till 15/03/2002 and on 16/03/2002, the defendants filed this present application dated 11/03/2002 under section 5 of the limitation act ..... act ..... bombay rents, hotel & lodging house rates control act, 1947 [for short the 'rent act'] read with section 13(2) of the rent ..... act ..... rent act ..... act ..... act ..... act 1963 ..... stamp] no.2140 of 2001 was not an application in view of section 3 of the limitation act ..... stamp ..... stamp ..... act to the district court, rajkot to which a jurisdiction has been coffered on it to hear and decide the appeal under section 29(1)(b) of the rent act ..... act and also under section 12(3)(a) of the rent act ..... stamp ..... stamp ..... stamp ..... stamp ..... act ..... stamp ..... stamp ..... stamp ..... stamp ..... stamp ..... stamp ..... act ..... act ..... act.23. ..... act ..... act ..... act. ..... act ..... act. ..... act .....
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 : Kolkata
Reported in : AIR1975Cal461
..... position is, that the award in question was sent to and deposited in this court on the 15th july, 1969 that is, before the city civil court (amendment) act, 1969 (hereinafter referred to as the said act) came into force, but that the requisite stamp on the said award was put in and the said award was filed afterwards. ..... has been sent with the connected papers to the high court and deposited with the high court before the amending act 1969 came into force, but wherein the requisite stamp was put in and the award was formally filed after 'he said amending act, 1969 came into force whether it could be treated as a proceeding pending in the calcutta high court at the date of commencement of the 1969 amending act within the meaning of section 6 thereof. ..... accordingly if the award matter was a pending proceeding on the 14th november, 1969 within the meaning of section 6 of the 1969 amending act, then this court had the jurisdiction to pass judgment upon the said award subsequently; whereas if the same could not be treated as a pending proceeding on the 14th november, 1969 then this court ..... section 6 of the 1969 amending act provided as follows: '(6) savings:-- nothing in the act shall apply to or affect any suit appeal or proceedings pending in the calcutta high court or, the court of ..... that the awards which were so deposited or furnished to the registrar for filing before 14th november, 1969 may be said to 'have been filed before amending act, 1969 came into force. ..... state of bombay, : .....
Tag this Judgment!Court : Delhi
Reported in : 1995IVAD(Delhi)618; 60(1995)DLT677; 1995(35)DRJ345
..... 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, section 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'. ..... are required for preparation of the decree and when in the execution, an objection was taken by the defendant that the decree could not be executed, as the same was not drawn upon non- judicial stamp papers, the trial court allowed the objection, division bench of the calcutta high court, in appeal, held that it is a fit case where the court should exercise its inherent jurisdiction to allow the plaintiff ..... chandrakant shankar lokhande & another reported as : (1992)iillj18sc , the point for consideration before the supreme court was as to whether a final decree which has not been properly stamped can at all be executed or not and hon'ble the supreme court held that after passing of a preliminary decree for partition, the decree cannot be made effective without a ..... malhotra, who had filed the execution petition also died on 13th october, 1989 and on an application filed by her legal heirs, they were brought on record by order dated 7th november, 1990. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... no registration of the mortgage, nor any stamp fees as per the provisions of bombay stamp act was paid. ..... on the provisions of article 6 of the bombay stamp act. ..... where a person in any of the following towns, namely, the towns of calcutta, madras and bombay, and in any other town which the state government concerned may, by notification in the official gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immovable property, with intent to create a ..... on the basis of certain `admissions given by the witness that once the property was seized but later-on released, we cannot come to the conclusion that the appellant-bank has done any act which is inconsistent with the rights of the surety or omitted to do its duty to the surety. 44. ..... 6 have executed the continuing guarantee with further declaration that any acknowledgement of debt made by the principal borrower within the meaning of sections 18 and 19 of the indian limitation act, shall be deemed to have been made by themselves also. ..... conceded that these provisions have come into statute book by way of amendment w.e.f. ..... if the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which his duty to the surety requires him to do, and the eventual remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged.? ..... regard, the provisions of section 128 of the indian contract act would be material, which runs as under :- 128. .....
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