Court : Supreme Court of India
Reported in : AIR2007SC2854; 2007(3)AWC2181(SC); 2007(2)CTC456; JT2007(3)SC582; (2007)4MLJ198(SC); 2007(3)SCALE341; (2007)3SCC79; 2007AIRSCW5177; 2007LawHerald(SC)1797.
..... an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stampedsection 56 of the act, as amended by the indian stamp (madhya pradesh amendment) act, 1990, reads as under:56. ..... the record of any case disposed of by the collector and may pass such order in reference thereto as it thinks fit.it is not in dispute that sub-section (4) of section 56 was inserted by the indian stamp (madhya pradesh amendment) act, 1990 in the year ..... desai on section 53 a of the act, as amended by the bombay stamp act, is again of no assistance inasmuch as an object can be achieved by different ..... 53a of the bombay stamp act makes section 32 ..... interpretation and application of sections 31, 32 and 56 of the indian stamp act, 1899 (for short 'the act'), as amended by the state of madhya pradesh, and are applicable in the state of chhattsigarh is in question in this appeal which arises out of a judgment and order dated 10.09.2003 passed by a learned single judge of the ..... the legislature was to confer a power of revision against a decision of a collector despite an endorsement made in this behalf in terms of section 32 of the act, the same could have been made subject to section 56 as was done by the state of maharashtra while amending bombay stamp act by inserting section 53a therein. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC7; (1950)52BOMLR515; [1950]1SCR64
..... 12-8-0 per bale and accordingly the government of bombay by a notification made on the 19th september, 1945, in exercise of the powers conferred by the bombay options in cotton prohibition act, 1939 (act xxv of 1939) provided that the contract note should also be amended so that the clause last quoted above should read as follows :- 'in addition to the above, the deposit (not carrying interest) payable under bye-law 51-a, namely, at a rate ..... instead of that sentence, we have the rubber stamp impression reading as follows :- 'in addition to the above, the deposit (not carrying interest) payable under bye-law 51-a, namely, at a ..... , this rubber stamp provision is a reproduction of the sentence that used to be found at the end of the margin clause before bye-law 51-a was amended and the clause itself was amended by the government ..... the language of that rubber stamp provision clearly indicates that it purports to summarise and set out what is ..... therefore, the rubber stamp provision wrongly summarises and sets out the provisions of bye-law 51-a and consequently is not in accordance with ..... there is, however, a rubber stamp impression on the top of the back of the contract to the following effect :- 'in addition to the above, the deposit (not carrying interest) payable under bye-law 51-a, namely, at a ..... the rubber stamp provision clearly imposes on the respondent as the constituent the liability to deposit a higher amount as the minimum amount to be deposited and is to that extent not in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1080; [1960]3SCR887
..... validity of the bombay tenancy and agricultural lands (amendment) act, 1956 ( ..... for drawing such an analogy after the constitution (fourth amendment) act, 1955, as thereafter they dealt with two different subjects ..... of the decision is, that the constitution of the state has secured to every citizen the right of acquiring, possessing, and enjoying property and that, by the true intent and meaning of this section, property cannot, by a mere act of the legislature, be taken from one man and vested in another directly; nor can it, by the retrospective operation of law, be indirectly transferred from one to another, or be subjected to the government of principles in a ..... , namely, (1) it modified his rights of settling his lands on any terms and to any one he chooses; (2) it modified, if it did not altogether extinguish, his right to cultivate the surplus area as understood under the act; and (3) it modified his right of transfer in so far as it obliged him to sell lands not at his own price but at a price fixed under the statute, and not to any one but to specified persons, ..... , before the constitution (fourth amendment) act, 1955, read as follows : "(2) no property, moveable or immoveable, including any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under ..... act is only a legislative device to take the property of one and vest it in another without compensation, and, therefore, on its face stamped .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC204; 1983LC2183D(SC); [1962]3SCR108
..... licences, whether permanent or temporary, were issued under section 202 of the sea customs act, 1978, prior to its amendment by the sea customs (amendment) act, 1955 (act 21 of 1955). ..... in 1955, by the amending act, section 202 was substituted by ..... the contention of the petitioners is that although in the first paragraph of section 39(1) the word 'owner' may comprehend an agent who is deemed to be an owner, if authorised under the act, the section does not use that word 'owner' in the latter part, and speaks of 'the person chargeable with the duty', meaning thereby a change over to the real owner of the goods in contradistinction ..... (1) with effect from such date as the central government may, by notification in the official gazette specify, no person shall act as an agent for the transaction of any business relating to the entrance or clearance of any vessel or the import or export of goods or baggage in any custom-house unless such person holds a licence granted in this behalf in ..... it is further pointed out that in july, 1960, the rules were amended by the addition of rule 25, under which an appeal is to lie to the chief customs-authority against every order of the customs-collector - (i) rejecting an application for the renewal of a licence granted under these rules; (ii) rejecting a ..... 2000 on a fifteen rupees stamp paper in the attached form. ' ..... holds a 'permanent' licence and the other, a 'temporary' licence renewable trienially, to work as dalals at new customs house, bombay. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1971)3SCC338; 1971(III)LC401(SC)
..... later on the act was amended and the collector's permission was no longer necessary. ..... the sale could not be finalised immediately because of the requirement of permission being given by the collector under the bombay tenancy act for effecting sales of lands. ..... the parties decided to complete the transaction, and accordingly on february 8, 1966, bhikan purchased the requisite stamp paper for the sale deed. ..... 20, as finalised, and engrossed on the stamp paper was prepared by the document writer devidas (p.w. ..... in this appeal by special leave, on behalf of the first accused, the judgment dated august 3, 1968 of the bombay high court in criminal appeal no. ..... 2 there is no overt act attributed to the 3rd accused either on february 9, 1966 or on the date when the bribe was given, namely, february 11, 1966. ..... 3, were tried by the special judge aurangabad and convicted of the offences under section 161 read with sec 34 of the indian penal code and section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC822; (1977)2SCC394; [1977]2SCR533
..... thereafter he obtained the permission of the special judicial magistrate for investigating the case and eventually submitted a charge-sheet against the appellant before the special judge, bombay, on april 28, 1966 as a result of which the appellant was tried, convicted and sentenced by the special judge, and his appeal against the said conviction and sentence be fore the high court failed ..... and nepotism is so rampant in our society of today, and more particularly in the services, that the indian penal code was not considered sufficient to meet this menace, and the prevention of corruption act, 1947 (act ii of 1947) - hereinafter referred to as 'the act' - had to be enacted and amended from time to time to stamp out this evil. ..... 18, an inspector of police in the office of special police establishment, bombay, received some information regarding the appellant having committed an offence punishable under the act on the basis of which he recorded the first information report on january 25, ..... is an appeal by special leave directed against the judgment of the bombay high court affirming the conviction of the appellant under section 5(1)(d) read with section 5(2) of the act and the sentence of six months rigorous imprisonment passed by the special judge, bombay.2. ..... 2 accordingly procured the articles from bombay and delivered the same in the depot by april 6, 1963 along with his bills after which the bills were placed before the chief ordnance officer and after sanction by him the payment .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC786; (1983)2CompLJ163(SC); 1983(1)SCALE548; (1983)3SCC75; [1983]3SCR25
..... it may be noted that immediately after the pronouncement of judgment and the passing of the decree three separate precipes or requisitions had been filed on behalf of the defendant-appellant to the prothonotary and senior master of the bombay high court and there was a specific requisition for a certified copy of the decree when drawn up, apart from requisitions for a certified copy of the judgment and also for certified copy of the minutes of the ..... by the c.p.c amendment act, 1976, order 20, rule 11(1) was amended and the amended rule reads:(1) where and in so far as a decree is for the payment of money, the court may for any sufficient reason (incorporate in the decree, after hearing such of the parties who had appeared personally or by pleader at ..... precipe filed for the drawing up of the order, the letter to the prothonotary and senior master of the high court by the advocates for the defendant-appellant, the memorandum appeal filed and the amount of stamp furnished on the memorandum are facts which go to indicate that the earlier appeal had been filed against an order regarding instalments treating the fame to be an order.23. ..... the precipe filed, the letter addressed by the advocates for the d 'fondant-appellant dated 16th january, 1981 to the prothonotary and senior master high court of bombay, the memorandum of appeal filed and the stamp furnished on the memorandum, all go to indicate that the appeal tiled was an appeal against an order. if mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC931; 1984(1)SCALE381; (1984)2SCC354; [1984]2SCR646; 1984(16)LC455(SC)
..... amonkar are asking him to vacate the premises', and the contention was that since the bill amending the bombay rent act (subsequently numbered as act xvii of 1973) had been introduced or published in august, 1972 the respondent-plaintiff's licence, on his own aforesaid averment, was not ..... also negatived the findings recorded by the courts below on the two legal issues and held that the suit cabin was 'premises' within the meaning of section 5(8)(b) of the bombay rent act, the same having been given on licence 'separately' to the respondent-plaintiff and that the suit cabin was not 'a room in the hospital' and as such the respondent-plaintiff ..... material on record showed that the said licence did not subsist on the relevant date, namely, 1-2-1973, mentioned in section 15a and, therefore, he was not entitled to any protection under the act, and in that behalf an averment made by the respondent-plaintiff in paragraph 4 of his complaint dated 24-3-1973 addressed to the inspector of police, gamdevi police station was relied, which averment runs thus ..... in possession of the said information after the cross-examination of witness was over and after the closure of appellant-defendants' case; (b) that under section 138(1)(b) of the income tax act, 1961 the respondent-plaintiff could have and should have obtained the necessary information or material from the commissioner of income tax by making an application in the prescribed form and since he ..... writing on the stamp paper signed by ..... stamp ..... stamp ..... stamp .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(7)SC155; 1994(4)SCALE594; 1995Supp(1)SCC748; [1994]Supp3SCR733
..... an agriculturist or who being an agriculturist will, after such sale, gift, exchange, lease or mortgage; hold land exceeding the ceiling area determined under the maharashtra agricultural lands (ceiling on holdings) act, 1961, as amended by the maharashtra agricultural lands (lowering of ceiling on holdings) and (amendment) act, 1972 or who is not an agricultural labourer. ..... to confer the right to cultivation of the lands; to the agriculturist with a view to improving the economical and social conditions of the peasants and to ensure the full and efficient use of the land for agriculture, the act came to be made and as a part of its scheme restriction on the holding and purchase also has been imposed/thereby we hold that it is a reasonable restriction within the meaning of clauses 2, 5 and 6 of ..... the restriction is that he should be an agriculturist and should hold the land within the village as per the village accounts under the bombay land revenue code and also in a compact block either at a single or at different places, but within 5 miles from the ..... and explanation used in this act but not defined shall have the meaning assigned to them in the bombay land revenue code, 1879, and the transfer of property act, 1882, as the case ..... of land in moria village of pardi taluk, district valsad of state of gujarat on november 27, 1967 without obtaining permission from the mamlatdar as required under section 63 of the bombay tenancy and agricultural lands act, 1948, for short 'the act'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(2)SC537; 1995(1)SCALE850; 1995Supp(2)SCC28; [1995]1SCR416; 1995(1)LC821(SC)
..... 3800/89 dated january 11, 1995 on similar facts, this court affirmed the judgment of high court of bombay reversing the award of the reference court and awarded at the rate purchased by the claimants itself. ..... a notification under section 4(1) of the land acquisition act, 1894, (for short, 'the act') was published in the state gazette on september 6, 1974 acquiring 22 acres 63 decimals of the land situated in village rasoolpur of devdas distt. of m.p. ..... the respondent not being satisfied, carried the matter in appeal to the high court under section 54 of the act. .....
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