Judgment Search Results Home > Cases Phrase: indian stamp act 1899 chapter i preliminary Court: allahabad Page 1 of about 9 results (0.050 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 .....

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 .....

Govind Ram Paliwal Vs. Radha Mohan

Court : Allahabad

Reported in : AIR1971All280

..... under the indian stamp act ii of 1899, every instrument mentioned therein has to be duly stamped before the same can be admitted in ..... on which the suit has been contested is that the hundis are not duly stamped and as such are inadmissible and the certificate granted by the collector under section 32(3) of the indian stamp act, after the deficiency in stamp duty has been made good, could not make the hundis admissible. ..... of the indian stamp act may be ..... not being a receipt, 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 times such ..... of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped;(d) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court other than a proceeding under chapter xii of chapter xxxvi of the code of criminal procedure, 1898 (v of 1898);(e) nothing herein contained shall prevent the admission of any instrument ..... disposed of by the iv additional civil judge, agra as a preliminary issue under issue no. 4. .....

Pushpa Sareen Vs. State of U.P.

Court : Allahabad

..... the outset, it would be necessary for the court to clarify that the position will have to be considered on the basis of the provisions of the indian stamp act 1899 as it stood at the material time and the united provinces stamp rules 1942. ..... present reference to a bench of three judges is in pursuance of the provisions of section 57 (1) of the indian stamp act 1899 (stamp act). ..... do so, if the market value of any property which was the subject of the instrument, as set forth in the instrument, was less than even the minimum value determined in accordance with the rules made under the indian stamp act, 1899. ..... magistrate/collector, ghaziabad and others (air 1999 sc 2126, para 5), the supreme court held as follows: "the object of the indian stamp act is to collect proper stamp duty on an instrument or conveyance on which such duty is payable. ..... we deal with the questions which have been referred to this bench on a reference under section 57(1), it would be necessary to answer a preliminary objection which has been raised by the learned additional advocate general to the maintainability of the reference. ..... rule 341 of chapter xv of the stamp rules provided that for the purposes of the payment of stamp duty, the minimum market value of immovable property forming the subject inter alia of a conveyance referred to in section 47-a (1) would not be less than what was arrived at on the basis of the provisions of the ..... chapter xv contains provisions for the determination of the market value on certain .....

Deepak Mitra Vs. District Judge, Allahabad and Others

Court : Allahabad

Reported in : 1999(4)AWC2721

..... principal civil court of original jurisdiction at allahabad has the power and competence to entertain an application for setting aside an arbitral award on the grounds specified under section 34 of the act, he had no jurisdiction to entertain the application in the present case as the order dated, 27.7.1998 passed by the arbitral tribunal cannot be treated to be an 'interim arbitral award' within the meaning of ..... and another, in which it was held that it is principal civil court of original jurisdiction which is entitled to entertain an application under section 9 of the act and that the high court of allahabad does, not stand invested with the original jurisdiction in the matter relating to civil suits which are always instituted as provided under section 15 ..... in article 12 of the stamp act came to be interpreted in terms of section 2(b) of the repealed act. ..... nagar, learned counsel for the contesting respondents pointed out that an application under section 34 of the act has to be made before the court which expression was defined in section 2(1)(e) of the act, 'to mean the principal civil court of original jurisdiction in a district, and includes the high court, in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming ..... case was to decide a preliminary issue relating to their jurisdiction ..... indian divorce act or the indian succession act ..... chapter vii of the act makes a ..... in this chapter there is a long section 34 which deals with an .....

Mst. Sardaran and ors. Vs. Sunderlal Baldeo Prasad and ors.

Court : Allahabad

Reported in : AIR1968All363

..... see as to how the provision in section 90 can have any effect on sections 61, 62, 63 and 65 of the indian evidence act which occur in chapter v of the act and which chapter deals with documentary evidence. ..... arises a presumption in favour of the copy and, as such, the same is to be received in evidence whether or not the original has been lost, sub-section (1) of section 90 of the indianevidence act provides that any document purporting or proved to be thirty years old may be presumed to have been executed by the person by whom it purports to have been executed and further every other part of such document which ..... the amendment is that if a party is found entitled to offer secondary evidence in accordance with the provisions contained in chapter v of the act, then he shall have no more to lead evidence to prove its execution provided the document is 20 years old. ..... thus, on reading these various provisions contained in chapter v of the indian evidence act it is abundantly clear that contents of a document can be proved by tendering the ..... the instant case evidence has no doubt been led to show that rent was accepted subsequent to 1899 but that has been disbelieved by the court below and we see no good reason for differing on ..... 1 and 2 were disposed of as preliminary issues in the case and they are no ..... said to have been taken as parole debts earlier than the sale deed except two items one of which u on account of interest due on parole loans and the other is for the purchase of stamps. .....

Debi Singh and ors. Vs. Jagdish Saran Singh and ors.

Court : Allahabad

Reported in : AIR1952All716

..... although there is no precise form of words necessary to constitute such a mortgage, it ordinarily differs from the 'bye-ul-wafa' or 'bye-bil-wafa' of the muhammadans in this, that, in the hindu form, there is a preliminary mortgage with a condition for future sale, while in the muhammadan form there is at once an absolute sale with a counter-agreement for re-sale which may be contained in the original sale-deed or in a separate contemporaneous instrument. ..... as a matter of fact, it would appear that emphasis on intention as an essential ingredient in the transaction of mortgage is much stronger in england, because the english law of mortgages unlike the indian law even allows parol evidence to prove the intention of the parties, and further entitles the court to rectify mortgage deeds in the light of such proofs. ..... thus it seems to me that there is not a single ruling in support of the propositionurged by the learned counsel for the appellants that merely giving the transaction the particular form prescribed in section 58(c) stamps the transaction with the quality of mortgage irrespective of the intention of the parties and regardless of the circumstances of the case.102. ..... the law relating to the subject contained in chapter iv of the transfer of property act under the heading 'of mortgages of immovable property and charges. ..... partington', (1844) 6 qb 649; 're brocklebank', (1899) 23 q b d 461 and 'bill v. .....

Akbar HusaIn Vs. Hari Ram

Court : Allahabad

Reported in : (1907)ILR29All749

..... plaint has been presented and admitted within limitation and the court afterwards finds that the annual nett profits or the market value of the property mentioned in section 9 of the court fees act, 1870, have been wrongly estimated, the court is bound to fix a date within which a plaintiff is to make good the deficiency, and if the deficiency is made good within that ..... the order of the court is that, the order of the lower appellate court having been set aside upon the preliminary point, the appeal is remanded to that court with directions to readmit it upon its file of pending appeals and to determine it in accordance with what ..... appellants in the latter case, but the learned judges held unanimously that 'if a document which ought to bear a stamp under the court fees act has been used in the high court, and the mistake or inadvertence, which permitted its reception in a lower court without being properly stamped, comes to light in the high court, any judge of that court may, under section 28 of the ..... he says: 'in my opinion an appeal cannot be said to be presented within the meaning of section 4 of the indian limitation act, 1877, when the only presentation of the appeal is the tendering to the court of a document, which the legislature has specifically enacted shall not be regarded by a court as of any ..... the plain words contained in sections 9 and 10, or indeed for praying in aid section 28, which belongs to the chapter in the act which deals with the mode of levying fees. ..... 1899 .....

(Thakur) Bilas Singh Vs. Emperor

Court : Allahabad

Reported in : AIR1925All737

..... council is, in fact, the jurisdiction of his majesty in council, and it is therefore his majesty, and not the council alone, by whose authority the judgment must be pronounced, section 5 of the indian elections offences and inquiries act invests the commissioners with certain of the powers of a court under the code of civil procedure, but does not declare them to be a court except for certain purposes. ..... their lordships held that the com mission in question was one appointed by the viceroy himself for the information of his own mind in order that he should not act in his political and sovereign character otherwise than in accordance with the dictates of justice and equity, and was not in any sense a court, or, if a court, was not a court from which an appeal ..... ' even if therefore the commissioners, in view of section 3 of the indian evidence act and section 6 of act xxxix of 1920 and their powers to hold an enquiry, take evidence and record a finding, are taken to be a 'court', it does not, follow that they necessarily are a ..... registrar or sub-registrar would be a court unless specially excepted from the definition, if it were permissible to refer to the report of the committee which was responsible for the draft of the amending act, it would seem that they imagined the amendment to be a mere drafting amendment involving no alteration of substance. ..... the preliminary objection ..... of stamps (1899) ..... they occur in the same chapter of the criminal procedure code which deals with offences .....

Savitri Devi Vs. Rajul Devi and ors.

Court : Allahabad

Reported in : AIR1961All245

..... to above, an application was made to the trial court under section 19 of the indian arbitration act of 1899 for a stay of proceedings with a view to the issues being referred to arbitration. ..... the english cases upon which the judgment in ramchand manjimal's case, air 1920 pc 86 founds and that no doubt is so, but the rule deducted for guidance under the indian act is clear and unambiguous, and must, their lordships think, be decisive in all cases where the question is whether an order is appealable to his majesty in council under the provisions of the section in ..... , which provided for appeals to his majesty-in-coun-cil, the words used were 'any final judgment, decree, or order', the words used in section 205, of the government of india act were 'any judgment, decree or final order', and it was argued that the absence of the qualifying word 'final' before the word 'judgment' and its removal from the governing position occupied ..... majesty-in-council from 'any final judgment, decree or order' and it was urged that in the absence of the qualifying word, 'judgment' in section 205(1), constitution act must be held to include a preliminary or interlocutory judgment and that the order now under appeal fell under that category. ..... letters patent) as contrasted with clause 30 of the same chapter, the phraseology employed is a different one in so far ..... latter is an adjudication of a private tribunal with the imprimatur of the court stamped on it, and to the extent that the award, is within the terms of .....