Judgment Search Results Home > Cases Phrase: indian stamp act 1899 chapter i preliminary Court: supreme court of india Page 1 of about 28 results (0.162 seconds)

Naseem Kahnam Vs. Zaheda Begum (d) By Lr.

Court : Supreme Court of India

..... since professes to confer or create a right in favour of plaintiff no.2 and the valuation of the plaint schedule is more than a hundred rupees, the want of registration of exhibit-a6 and the non- 9 payment of stamp duty under the indian stamp act, 1899 would render exhibit-a6 illegal and unenforceable. ..... the high court, inter alia, noted that: (i) section 24(2) of the indian stamps act specifies that the settlement, particularly within a family need not be restricted to the members of the family up to a particular degree but includes persons outside the purview ..... court, having regard to the views taken on these two issues, decreed the suit, firstly, by denying any share to plaintiff no.2 and, secondly, by passing a preliminary decree dividing the plaint schedule into seven shares and allotting 1/7th share to plaintiff no.1 and 2/7th share to each of the defendants. ..... while the saving provision u/s 129 of the transfer of property act would save the validity of a gift other than under a registered deed, it does not exempt a document from registration and from levy of requisite stamp duty if there is the creation of interest in the immovable property in favour of ..... no.22 of 2007 and passed a preliminary decree in terms of the agreement said to have been agreed between parties ..... 129 of the transfer of property act exempts the application of chapter vii on mohammedan law. ..... (vii) exhibit-a6 is not executed on the requisite stamp paper so the contents even for collateral purposes cannot be .....

Bhoop Singh Vs. Ram Singh Major and Others

Court : Supreme Court of India

Reported in : AIR1996SC196; II(1996)BC365(SC); JT1995(6)SC534; (1996)1MLJ38(SC); (1996)112PLR559; 1995(5)SCALE228; (1995)5SCC709; [1995]Supp3SCR466

..... section 2(14) of the indian stamp act, 1899, defines 'instrument' to include every document by which any right or liability is, or purports to be, created, transferred, limited, extended, ..... the property dealt with by the decree be not the 'subject matter of the suit or proceeding', clause (vi) of sub-section (2) would not operate, because of the amendment of this clause by act, 21 of 1929, which has its origin in the aforesaid decision of the privy council, according to which the original clause would have been attracted, even if it were to encompass property not litigated ..... qua clause (vi) can, on the basis of the aforesaid discussion, be summarised as below :(1) compromise decree if bona fide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration. ..... would find the mischief of avoidance of registration, which requires payment of stamp duty, embedded in the decree or order.17. ..... submission advanced by shri sehgal inasmuch as it has been held that the compromise decree in an earlier suit being relatable to immovable property which was subject matter of the suit, section 17(2)(vi) of the registration act did exempt the decree from registration. ..... , because in that case the compromise itself was not regarded as bona fide by the court, as it was described as sham compromise brought about for the purposes of practising fraud upon the law relating to stamp duty and registration.12. .....

Jupudi Kesava Rao Vs. Pulavarthi Venkata Subbarao and ors.

Court : Supreme Court of India

Reported in : AIR1971SC1070; (1971)1SCC545; [1971]3SCR590

..... evidence of its contents when the original instrument was shown to have been insufficiently stamped, could be subjected to the penalty prescribed by section 34 of the indian stamp act, 1879, as a preliminary to its being admissible in evidence. ..... indian evidence act, however, does not purport to deal with the admissibility of documents in evidence which require to be stamped under the provisions of the indian stamp act ..... unstamped instrument inasmuch as it would necessarily connect the possession with the contents of the document relating thereto; and that would be contrary to the express provision of section 35 of the stamp act which lays down that an instrument chargeable with duty shall not only not be admitted in evidence for any purpose by any person having by law or consent of parties authority to ..... to grant a lease is barred by the provisions of sections 35 and 36 of the indian stamp act.2. ..... 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 ..... chapter iv of the stamp act deals with instruments not duly stamped ..... act of 1879, which is in pari materia with section 33 of the act of 1899 ..... stamp act which is now in force is an act of 1899 .....

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

..... iii. requirements under indian stamp act, 20-31 1899 - discussions on provisions of indian stamp act, 1899 (chapter iv- sections 33- 48, more specifically sections 33, 35, 36, 38, 40,42) ..... 1996. ii) all the preliminary/debatable issues including insufficiently stamped/unduly stamped or validity of the arbitration agreement ..... [(2005) 8 scc618 this court identified and segregated the preliminary issues that may arise for consideration in an application under section 11 of the act into three categories, that is, (i) issues which the chief justice or his designate is bound to decide; (ii) issues which he can also decide, that is, issues which he may choose to decide; and (iii) issues which should be left to ..... . this is for the very good reason that the supreme court or the high court, while deciding a section 11 application, does not, in any manner, decide any preliminary question that arises between the ..... ltd. and another18 held that all the preliminary or threshold issues pertaining to jurisdiction of the arbitrator/arbitral tribunal should be examined by the court under section 11 of the act, ..... 60. thus, the approach of the reputed arbitral institutions worldwide would show that there is express recognition of the principle of kompetenz- kompetenz and role of courts is limited to preliminary prima facie ..... ). it is further found that it is for the very good reason that the court does not while deciding an application under section 11 decide any preliminary .....

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

..... .: interplay between arbitration agreements under the arbitration and conciliation act, 1996 and the indian stamp act, 1899 w i t h arbitration petition no.25 of2023judgment sanjiv khanna, j.i respectfully agree with the view expressed by the hon ble the chief justice of india ..... there was no legislative intent to overrule sms tea estates (supra) because neither the statement of objects and reasons 120 part j of the 2015 amendment act nor the law commission of india report, 2014 mentions it; second, the referral court at the section 11 stage is only giving effect to the provisions of the stamp act and not deciding any preliminary issues between the parties; third, the separability presumption could only be applied for limited purposes ..... chapter ii of the stamp act provides for various other contingencies or situations, including inter alia policies of sea-insurance,23 bonds, debentures, and securities,24 transactions in stock exchanges and depositories,25 and instruments executed outside india.26 chapter ii also provides for the valuation of stamp-duty, including for the conversion of amounts expressed in foreign currencies,27 how to value stock and marketable securities,28 the effect of statement of rate of exchange or average price,29 instruments reserving interest,30 instruments connected ..... the provisions of this chapter are examined in detail in the 35 section 31(1), stamp act 36 section 32(1), stamp act 37 section 32(2), stamp act 38 section 32(3), stamp act 26 part d subsequent .....

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

..... the following issue, to be authoritatively settled by a constitution bench of five judges of this court : whether the statutory bar contained in section 35 of the indian stamp act, 1899 applicable to instruments chargeable to stamp duty under section 3 read with the schedule to the act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, un- enforceable, or invalid, pending payment of stamp duty on the substantive contract / instrument ?. ..... 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; (c) 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 ix or part d of chapter x of the code of criminal procedure, 1973; (d) nothing herein contained shall prevent the admission of any instrument in any ..... an inclusive provision, which would comprehend all preliminary issues touching upon the jurisdiction of the ..... reason that the supreme court or the high court, while deciding a section 11 application, does not, in any manner, decide any preliminary question that arises between the parties. ..... 13 (2020) 2 scc455 15 judicial intervention, so that the arbitral process is not thwarted at the threshold, when a preliminary objection is raised by one of the parties. .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... 65 in district registrar and collector, hyderabad v canara bank98 ( canara bank ), a bench of two judges of this court considered the provisions of the indian stamp act, 1899 (as amended by a special law in andhra pradesh). ..... if the argument of the respondents is correct, no action to enforce the right to personal liberty can at all fall within the mischief of the presidential order even if it mentions articles 19, 20, 21 and 22 because, every preliminary objection by the government to a petition to enforce the right to personal liberty can be effectively answered by contending that what is being enforced is either the natural right to personal liberty or generally, the pre-constitution right to personal ..... ; 193 part l (iv) privacy is a concept which does not have any specific meaning or definition and the expression is inchoate; and (v) the draftsmen of the constitution specifically did not include such a right as part of the chapter on fundamental rights and even the ambit of the expression liberty which was originally sought to be used in the draft constitution was pruned to personal liberty. ..... dissent 20 gopalan (supra note 3), at pages 36-37 18 adopted the view that the fundamental rights are not isolated and separate but protect part d a common thread of liberty and freedom: to my mind, the scheme of the chapter dealing with the fundamental rights does not contemplate what is attributed to it, namely, that each article is a code by itself and is independent of the others. .....

Garware Wall Ropers Ltd. Vs. Coastal Marine Constructions Engineering ...

Court : Supreme Court of India

..... arbitration clause is contained in an unstamped agreement, the provisions of the indian stamp act, 1899 [ indian stamp act ]. ..... 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; 11 (c) 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 ix or part d of chapter x of the code of criminal procedure, 1973; (d) nothing herein contained shall prevent the admission of any instrument in any ..... this court identified and segregated the preliminary issues that may arise for consideration in an application under section 11 of the act into three categories, that is, (i) issues which the 13 chief justice or his designate is bound to decide; (ii) issues which he can also decide, that is, issues which he may choose to decide; and (iii) issues ..... , by which the door was opened too wide, so that many preliminary issues which do not relate to the existence of an arbitration agreement were to be decided by the court hearing the section 11 application ..... justice or the designated judge will have the right to decide the preliminary aspects as indicated in the earlier part of this judgment. ..... good reason that the supreme court or the high court, while deciding a section 11 application, does not, in any manner, decide any preliminary question that arises between the parties .....

Nareshbhai Bhagubhai Vs. Union of India

Court : Supreme Court of India

..... sale deeds for similar land as mentioned in clause (i) of sub section (1) are not available for the preceding three years; or (iii) the minimum land value has not been specified under the indian stamp act, 1899(2 of 1899) by the appropriate authority, the concerned state government shall specify the floor price per unit area of the said land based on the average higher prices paid for similar type of land situated in ..... determination of market value of land (1) the competent authority shall adopt the following criteria in assessing and determining the market value of the land, (i) the minimum land value, if any, specified in the indian stamp act, 1899(2 of 1899), for the registration of sale deeds in the area, where the land is situated; or (ii) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from ..... the scheme of chapter iv a is as follows : i) the central government is empowered under section 20a to issue a preliminary notification, notifying its intention to acquire land for a public purpose required for the ..... land for a special railway project are contained in chapter iv a of the railways act, 1989. ..... present case have been undertaken in compliance with chapter iv a of the railways act, 1989. 6.2. ..... the relevant provisions under chapter iv a are set out ..... chapter iv a comprises of section 20a to 20p of the amended act ..... chapter iv a was incorporated vide amendment act ..... chapter iv a of the railways act, ..... chapter iv a is a complete self .....

Kaushal Kishor Vs. The State Of Uttar Pradesh Govt. Of U.p. Home Secre ...

Court : Supreme Court of India

..... canara bank & ors.101, what was under challenge was an amendment made to the indian stamp act, 1899 by the state of andhra pradesh, empowering a public officer to inspect the registers, books, papers and documents kept in any ..... against the state or its instrumentalities?.3) whether the state is under a duty to affirmatively protect the rights of a citizen under article 21 of the constitution of india even against a threat to the liberty of a citizen by the acts or omissions of another citizen or private agency?.4) can a statement made by a minister, traceable to any affairs of state or for protecting the government, be attributed vicariously to the government itself, especially in view of the principle ..... part v of the constitution providing for matters connected with the union contains five chapters, dealing respectively with, (i) the executive; (ii) parliament; (iii) legislative powers of the president; (iv) the ..... governments and the lessees of the quarries, a preliminary objection was raised as to the maintainability of the ..... the learned attorney general for india submitted a preliminary note containing his submissions question wise, which can be summed up as follows: question no.1 (i) on question no.1 it is his submission that as a matter of constitutional principle, any addition, alteration or change in ..... while rejecting the preliminary objection, this court broadly indicated how the fundamental rights of those bonded labourers were violated and what were the duties ..... preliminary .....