Judgment Search Results Home > Cases Phrase: indian stamp act 1899 chapter i preliminary Page 1 of about 116 results (0.076 seconds)

Ramchand Vs. Moti Thad and anr.

Court : Allahabad

Reported in : AIR1962All353

..... a preliminary objection to the maintainability of this reference is taken on the ground that the provisions of section 61 of the indian stamp act 1899 (act ii of 1899) are not ..... court admitting an instrument without applying its mind to this aspect of the matter cannot, therefore, be said to be ah order contemplated by section 61 of the indian stamp act. ..... section 61(1) runs as follows:- ''when any court in the exercise of its civil or revenue jurisdiction or any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898 (v of 1898), makes any order admitting any instrument in evidence as duly stamped or as not requiring stamp, or upon payment of duty and a penalty under section 35, the court to which appeals lie from, or reference are made by, such first mentioned court may of its ..... further, the last part of section 61(1) of the stamp act directs that the higher court will 'take such order into consideration' to enable the higher court, to properly comply with this direction it should havebefore it the reasons given by the court of ..... stamp manual, the chief inspector of stamps, therefore reported that this court should make a declaration under section 61 of the stamp act that the document is deficiently stamped ..... moreover,a fiscal enactment like the stamp act is to bestrictly interpreted, and, where words in suchan enactment are capable of lending themselvesto an obvious interpretation which is favourableto the subject, there is .....

Alan Kaye Vs. Recovery Officer, Employees' Provident Fund Organisation ...

Court : Kolkata

Reported in : AIR2006Cal158,2006(2)CHN409

..... chowdhury further submitted that even assuming though not admitting that indian stamp act, 1899 is applicable to this supplementary affidavit, still then in view of the exemption as provided in serial ..... , learned senior advocate, submitted that he could not assist this court properly on the last occasion when the objection regarding the acceptability of the said supplementary affidavit for want of requisite stamp as per section 18 of the indian stamp act, 1899 was considered and/or decided by this court. ..... be done in terms of the provision as contained in order 19 rule 3 of the code of civil procedure read with rule 36 (6) of rules of the high court at calcutta relating to applications under article 226 of the constitution read with rule 29 of chapter iv of the appellate side rules of the high court at calcutta, ii) the supplementary affidavit filed by the petitioner in connection with the said writ petition, cannot be accepted and/or made a part of the writ petition as the said ..... when this application was taken up for hearing at the motion stage, a preliminary objection regarding entertainability of this writ petition by this court was raised by ..... the said preliminary objection regarding entertainability of this writ petition was overruled by this court on 10th january, 2006 as this court found that a substantial part of the cause of action of this writ petition arose within the territorial ..... . the preliminary objections as mentioned above, are thus decided in the manner as .....

M/S Industrial Cables Ltd. Vs. State of Haryana and Others

Court : Punjab and Haryana

..... the written statement, a preliminary objection has been taken that as per section 9 of the indian stamp act, 1899, the collector was not competent to exempt the stamp duty on the sale ..... indian stamp act, 1899 (hereinafter referred to as `the act').no stamp duty was leviable as the petitioner-company had obtained a certificate as per provisions contained in para 119 part i-b of chapter i of the haryana stamp ..... attest to the accuracy and integrity of this document chandigarh cwp no.9260 of 1995 3 company gave its reply (annexure p-4) dated 20.8.1993 clarifying that the stamp duty is not payable as per provision of section 32(2)of the act read with para 119 of part i chapter i of the punjab stamp manual, 1934. ..... have placed on record annexure r-1 which was the similar certificate granted for exemption (reduction and remission) of stamp duty on transfer deeds under section 9 of the act towards m/s dlf universal ltd.the certificate has been issued by the state government. ..... lapse of more than three years on 9.6.1993, the petitioner-company received a notice (annexure p-3) to deposit the stamp duty of rs.3,19,300/- on the ground that certificate (annexure p-1) was obtained from the registrar of companies, punjab whereas ..... as under: certified that m/s satluj trading company is 100% subsidiary company of m/s industrial cable india ltd.this document is not chargeable under paragraph 119(1) of the haryana stamp manual 1899 as the transfer take place from a parent company to a subsidiary company. .....

P. Karunakaran Vs. V.M. Ponnuswamy Achari

Court : Chennai

Reported in : (1981)1MLJ485

..... preliminary issue raised read thus:whether the document dated 7th january, 1947, is not valid in the absence of registration and proper stamp?the learned subordinate judge of coimbatore held that the document, though styled an agreement, was itself a deed of partition by which the joint owners divided their property in severalty and was therefore liable to stamp duty under article 45 of the indian stamp act ..... held that it followed that under section 35 of the indian stamp act the document could not be admitted in evidence for any purpose unless proper stamp duty and penalty was paid. ..... the learned judge observed thus:a preliminary objection was raised by the learned counsel for the non-applicant that the revision was not the proper remedy for the applicant and that under section 39 of the stamp act the plaintiff could approach the collector and obtain refund of the whole penalty if his objection was ..... to which my attention has been drawn by the learned counsel for the applicant.the relevant provision in section 61 of the stamp act was considered by the oudh chief court and it was held that there was no reason to think that the word 'court' as used in chapter vi of the stamp act in which section 61 is included has any meaning other than that which the same word bears in section 115, civil procedure ..... the heading of the chapter, namely, reference and revision, supports the conclusion that the power of the high court in this respect, which it has under section 115, civil procedure code .....

Umesh Chandra Saxena and ors. Etc. Vs. Administrator General and ors.

Court : Allahabad

Reported in : AIR1999All109

..... to do so; (d) where the suit appears from the statement in the plaint to be barred by any law : provided that the time fixed by the court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the court, for the reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite ..... during this appeal, another objection was taken, of a preliminary nature, on the ground that the allahabad high court rules in chapter xxx indicate as to what would be the pro forma for an application for letters of administration and the instant application was one following that pro forma in toto and by a deeming provision only the ..... do agree that the opinion of the hon'ble single judge that the preliminary objection regarding the state of moving an application under order 7 rule 11, ..... merits of the application for rejection of plaint, it may be stated at this stage itself that the preliminary objection was rightly rejected by the hon'ble single judge. ..... chapter xxx rule 6 of the allahabad high court rules permitted an application for letters of administration when there is a will made under the indian succession act ..... a-415 but also with a preliminary objection on behalf of the petitioner-appellants that when written, statement was filed and issues were framed therein, a prayer for rejection of plaint could not be entertained as the said provisions would only .....

Eagle Plywood Industries Private Ltd. Vs. Amulya Gopal Majumdar and or ...

Court : Kolkata

Reported in : AIR1966Cal267,69CWN1025

..... this court mentioned above and has referred the matter to a full bench for its opinion the following point of law, under rule 3 of chapter vii of the appellate side rules of this court :-- ' whether, when an application under section 5 of the indian limitation act is rejected, the appellant can, in any circumstances, get refund of the court-fees, paid on the accompanying memorandum of appeal, under section 151 ..... these cases seems to be that government should not profit by the mistake of a litigant or of court as to the amount of court-fees payable under the court fees act, and in cases of such mistake the court should order refund for ends of justice this is an intelligible principle government cannot reasonably object to refund the excess as it ..... in that case, the petitioner instituted a suit for rent in the first court of the subordinate judge at khulna the plaint was insufficiently stamped and was rejected then the petitioner applied to pay the deficit court-fees and the suit was restored to the file by an order purporting to be ..... order 41 rule 1, civil procedure code, requires that every appeal shall be preferred in the form of a memorandum, rule 12, part ii, chapter v of the appellate side rules of this court provides that the memorandum of appeal shall be presented to the court in the manner prescribed therein and the date of ..... 5 of the indian limitation act cannot be made without the preliminary steps required by ..... the plaintiff-respondent obtained preliminary decree in the said .....

Raghunath Balakrishna Deshpande Vs. Biharilal Krishnaprasad Dave

Court : Karnataka

Reported in : AIR1972Kant159; AIR1972Mys159

..... 'the expression 'bond' has been defined in section 2(5) of the indian stamp act as follows:'2 (5) 'bond includes- (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges him-self to pay money to another; and (c) any instrument so attested, whereby a person ..... definition of the expression 'bond' in section 2(5) of the indian stamp act is similar to the definition of the expression 'bond' given in section 2 (1) (a) of the mysore stamp act, 1957. ..... that section 6 of the indian stamp act can be invoked only in cases where the document answering both the descriptions under the same act is liable to different stamp duty. ..... the promissory note has been defined in section 2(22) of the indian stamp act as meaning a promissory note as defined in the negotiable instruments act it is necessary to advert to the relevant provisions of the negotiable instruments act. ..... however, find the definition of the expression 'promissory note' in chapter ii of the negotiable instruments act under the head 'of notes bills and cheques. ..... 1968 wherein he recorded his findings on the preliminary issues to the effect that the suit document is a promissory note and not a money bond and that it is admissible in evidence as the said document is duly stamped as a promissory note.2. .....

Rajrajeshwarashram Vs. Svarupanandtirtha

Court : Mumbai

Reported in : AIR1927Bom499; (1927)29BOMLR1031; 103Ind.Cas.637

..... under the succession certificate act are of a summary character and do not debar the ..... wish to say that the bombay pleaders act of 1920, in the schedule iii giving rules concerning pleaders' fee, makes a clear distinction between applications under the indian succession act and the probate and administration act and applications under the succession certificate act and the succession (property protection) act and other special and local acts, presumably on the ground that applications under the indian succession act settle questions of title, whereas applications ..... a preliminary point mentioned by my brother baker is whether in any event the certificates referred to in section 390 of the 1925 act apply at all to orders made under chapter ii of regulation viii of 1827 as opposed to certificates granted under chapter i ..... said that in rule i (c)(ii) of schedule iii we must now read the words 'indian succession act, 1925', in the place of the words 'indian succession act, 1865,' with the result that an ad valorem fee will be payable amounting to ..... two rupees are for an extra stamp on the vakalatnama or something .....

Sahney Kirkwood Private Ltd. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 1991(34)LC406(Bombay)

..... as the central board of excise and customs, in consultation with the collectors of customs, have already taken a decision as reflected in the public notice tariff dated 2nd may, 1977 classifying micanite under the customs tariff act, 1975 and, therefore, the petitioners are not likely to get any relief as the lower authorities are bound to follow the decision taken at the highest level. ..... ultimately, the petitioners' attorneys, by their letter dated 16th december, 1976 addressed to the assistant collector of customs, bombay, inter alia, pointed out that, 'under the second schedule to the indian tariff act, 1934 item 25 deals with mica of all sorts and the rate of export duty is 40% ad valorem. ..... , mica-nite).the present heading excludes products obtained by cutting-out or die-stamping from mica sheets or splittings (heading 68.15 or chapter 85), and products made from bonded (built-up) splittings (e.g. ..... 1978 and have taken certain preliminary objections to the maintainability of the petition on merits the respondents rely upon the wordings of section 2 of the mica mines labour welfare fund act, 1946. ..... shri shah raised two preliminary objections as to the maintainability of the petition. ..... secondly, preliminary objection is that, several disputed questions are raised. .....

K.K. Gupta Vs. New High Flying Travels Pvt. Ltd. and Another

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... from opposite party-1 and the said opposite party being an independent legal entity, the opposite party-2 could not be made liable for the acts of omission or commission of opposite party-1; that the fact that the tickets did not bear the stamp of opposite party-1 was only an illegality and would not occasion the refusal by egypt air to confirm the tickets of the complainant for ..... shall be deemed to a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code (45 of 1860), and the district forum shall be deemed to be a civil court for the purposes of section 195, and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974). ..... but so far as the preliminary objection of opposite party-2 regarding the maintainability of the present complaint before this commission, in view of section 27 and rule 28 of schedule-i to carriage by air act, 1972, is concerned, it would be pertinent to point out that the said act is of 1972 whereas the consumer protection act, 1986 is a subsequent legislation and as such the earlier legislation could not have envisaged the maintainability of a complaint for ..... in its reply/written version opposite party-2 had also taken a number of preliminary objections including the objection that in view of rule 30(1) of warsaw convention, schedule-i to carriage by air act, 1972, the contract of carriage regarding travel of complainant from cairo-lagos-cairo sector was with egypt air and not with opposite party-2; that the complainant .....