Court : Chennai Madurai
..... matter sale deeds to the petitioner, however, by making necessary endorsement therein with regard to the pendency of the proceedings under section 47(a) of the indian stamp act. 11. accordingly, these writ petitions are allowed and the impugned orders are set aside and the matter is remitted back to the first respondent for passing ..... considered and it was observed therein that the district revenue officer need not retain the document for dealing with the proceedings under section 47(a) of the indian stamp act. relevant observations made at paragraph nos.9 to 13 of the said decision are extracted hereunder:- 9. the learned special government pleader appearing for the ..... second respondent by paying the required stamp duty, were not returned after registration and on the other hand, a proceedings under section 47(a) of the indian stamp act, 1899, was initiated and orders came to be passed by the first respondent, which are impugned in these writ petitions, fixing the deficit stamp duty payable .....
Tag this Judgment!Court : Chennai Madurai
..... duly stamped. however, the order admitting an instrument in evidence is subject to the power of appellate court as provided under section 61 of the act. 17. section 61 of the indian stamp act, after taking into consideration, the order of the court of first instance admitting any instrument in evidence as duly stamped or as not requiring a ..... . the proviso to section 35 makes exception to five categories of instruments, from the operation of the main provision. 16. as per section 36 of the indian stamp act, when an instrument has been admitted in evidence, such admission shall not be called in question at any stage of the same suit or proceeding on the ground ..... this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 42. 12.section 33 of the indian stamp act mandates impounding of instruments which are not duly stamped when it is produced before every person in charge of a public office except an officer of police, .....
Tag this Judgment!Court : Chennai Madurai
..... the other cases it must be open to the authority to deviate from and not to insist upon the strict literal compliance of the condition in appropriate cases." 62. in indian railway construction co. ltd. v. ajay kumar, this court explained as to what would amount to bad faith and non-application of mind in regard to exercise of power ..... kanyakumari district from its depot at konam, nagercoil for the notified period of one year from 01.07.2016 to 30.06.2017 and pass orders) 1. the petitioner / company has preferred the instant writ petition praying for passing of an order by this court in directing the respondent / district manager, tamil nadu state marketing corporation limited, kanyakumari, to ..... on the part of the employer. it further opined that the burden would be on the person who seeks to invalidate or nullify the act or order to prove charge of bad faith and abuse or mistake by the authority of its power. it opined that an attempt should be made to balance the .....
Tag this Judgment!Court : Chennai Madurai
..... .484/b1/2013 was passed by the office of the first respondent/ district registrar (administration), tirunelveli. therefore, the issue of applicability of section 47-b of the indian stamp act, 1899 and paying of deficit stamp duty does not arise on any score, as opined by this court. 26. viewed in that perspective, the impugned order in ..... or settlement. to attract section 47-a of the indian stamp act, it is not enough to show that the consideration mentioned in the document of sale etc., is less than the prevailing market value. further more, it must ..... in tamil nadu) speaks of 'stamp duty chargeable for instrument of rectification'. 14. it is to be noted that the object of section 47-a of the indian stamp act, 1899 is to neutralise the effect of under valuation of the immovable property conveyed by means of a registered document of sale, or exchange, or gift, or partition .....
Tag this Judgment!Court : Chennai Madurai
..... one thing to say that the public sector banks having regard to the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 should discharge their functions keeping in mind the larger public interest but ordinarily in the matter of enforcement of contract, they are to be governed ..... are wholly arbitrary or unreasonable, the court will decline to exercise its jurisdiction. in this context it is necessary to refer to a judgment of the supreme court in indian bank v. godhara nagrik cooperative credit society ltd., reported in (2008) 12 scc 541 and in paragraph 16, it was observed as follows : "16. it is ..... of the bank, on the maintainability of the writ petition. 17. in v. subramanian's case (cited supra), while referring to the judgment of the supreme court in indian bank v. godhana nagrik cooperative credit society ltd., reported in 2008 (12) scc 541, at paragraph 40, this court held that inclusion or exclusion of any name .....
Tag this Judgment!Court : Chennai Madurai
..... is transferred on payment of part of the consideration and handing over the possession of the property. it is relevant here to state that by the indian stamp (madhya pradesh second amendment) act, 1990 (act no.22 of 1990) few articles including articles 23 of schedule 1-a has bee substituted and explanation has been added to article 23. the ..... court would be entitled to admit the document because simply the parties say so. the jurisdiction of the court flows from sections 33, 35 and 38 or the indian stamp act and the court has to decide the question or admissibility. with all humility at our command we over-rule the judgment in the matter of laxminarayan (supra). (ii ..... rose mukundakumar, 2014 (2) ctc 157 : 2014 (2) lw 263, wherein in paragraph no.22, it is held as follows: 22. as per section 33 of the indian stamp act, a duty is cast upon the authority before whom, insufficiently stamped document is produced, to impound the same. in the light of the judgments of the honourable apex court and .....
Tag this Judgment!Court : Chennai Madurai
..... : gunendra mohan ghosh v. corporation of calcutta, ilr 44 cal 689: (air 1917 cal 95) (p); ilr 25 mad 635 (supra) (n) and g. i. p. railway company v. the municipal corporation of the city of bombay, ilr 38 bom 565 at p. 573: (air 1914 bom 104 at p. 106) (q). the question was raised that as ..... pipe system and light arrangements. the respondents had ignored the above resolution and had decided to construct the road over bridge without providing service road. 23.5. the indian road congress specifies the standard for the service roads while constructing the bridge wherein it is stated that a minimum length of 3 meters have to be provided on ..... highway accessories and materials stacked on such road or public bridge or causeway. but does not include a national highway declared as such by or under the national highways act, 1956 (central act 48 of 1956). "section 2(13): "highways authority" means the officer appointed under sub-section (2) of section 5;" "section 2(14): "highway boundary" means .....
Tag this Judgment!Court : Chennai Madurai
..... that any person claiming right under a will, has to prove the will as per the provisions of section 68 of the indian evidence act and section 63 of the indian succession act. under section 68 of the indian evidence act, in order to prove the will, the propounder should examine at least one attestor of the will. in the case on ..... invalid will. further the learned counsel submitted that a will can be established only by examining the attestors as contemplated under section 68 of the indian evidence act and section 63 of the indian succession act, therefore, the attestation made by p.w.4 shall not be put against the plaintiff for proving ex.a.3 will. further the ..... are no longer res integra. a will must be proved having regard to the provisions contained in clause (c) of section 63 of the indian succession act, 1925 and section 68 of the indian evidence act, 1872, in terms whereof the propounder of a will must prove its execution by examining one or more attesting witnesses. where, however, the .....
Tag this Judgment!Court : Chennai Madurai
..... has no jurisdiction to register the same and ultimately quashed the registration of deed of cancellation of sale. he has also states that as per section 62 of indian contract act, 1872 any novation recession and alteration of a contract can be made only bilaterally. 11. the writ petitioner also raised grounds by saying that when the ..... the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled. (2) if the instrument has been registered under the indian registration act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such ..... that the registration has been done by the registrar without notice to the purchaser. apart from this, no law permit either in the transfer of property act or registration act, the vendor namely the 2nd respondent herein to register the unilateral cancellation deed cancelling the earlier sale deed dated 16.05.1990 executing in favour of the .....
Tag this Judgment!Court : Chennai Madurai
..... 07.2009 and instruction no.65 dated 27.10.2010 to negate the claim of the petitioner for exemption of stamp duty. when section 3(3) of the indian stamp act provides that no duty shall be chargeable in respect of an instrument executed by a developer or co-developer in connection with any land or building situated within ..... person must have authority of law to support it. (raj sahib ram jawaya kapoor vs. state of punjab manu/sc/0011/1955 : [1955] 2 scr 225 ; bernet coleman and company vs. union of india manu/sc/0038/1972 : [1973] 2 scr 757 ; state of madhya pradesh vs. thakur bharat singh air 1967 sc 1170, naraindas indurkhya vs. state ..... (nawabkhan vs. state of gujarat): "6. the constitutional perspective must be clear in unlocking the mystique of 'void' and 'voidable' vis-a-vis orders under the act. the act is a constraint on a fundamental right and so the scheme of article 19 must be vividly before our minds if extraordinary controls over human rights statutorily vested in administrative .....
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