Judgment Search Results Home > Cases Phrase: indian stamp act 1899 chapter i preliminary Page 3 of about 116 results (0.111 seconds)

State Bank of India and Others Vs. State of Maharashtra, through the S ...

Court : Mumbai

..... the definition of the expression banker is taken from the indian stamp act of 1899 and the definition is not in conformity with the various categories of banks who are at present operating in the ..... our attention to sections 37, 39, 46 and 53(1a) of the maharashtra stamp act and the chapter heading under which they fall. mr. ..... our attention to the sections in this chapter and would urge that the sub-headings of this would indicate as to how liability of instruments to duty of stamp and the mode of using them, of the time of stamping instruments, on valuations for duty are matters exclusively dealt with by the authorities under the stamp act. mr. ..... authorized officials, high powered as they are, perform the function and discharge obligation of adjudication as to stamps under chapter iii of the stamp act. ..... difference between power to adjudicate and power to impound which powers are to be found in the sections under distinct chapters of the maharashtra stamp act, 1958. mr. ..... that by sub-section (1) of section 10 which opens with the words except as otherwise expressly provided in this act , all duties with which any instruments are chargeable shall be paid, and such payments shall be indicated on such instrument, by means of stamps according to the provisions contained in the chapter or when no such provision is applicable, as the state government may by rules direct. ..... the section opens the chapter titled preliminary and contains apart from the short title, extent and commencement, .....

Aparna Basu Mallick Vs. Bar Council of India and ors.

Court : Kolkata

Reported in : AIR1983Cal461,87CWN936

..... qualification in law as is recognised by the bar council of india for the purpose of admission as an advocate under this act; (d) omitted;(e) he fulfils such other conditions as may be specified in the rules made by the state bar council under this chapter;(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the indian stamp act, 1899, and an enrolment fee payable to the stale bar council of two hundred and fifty rupees : provided that where such ..... ) after the 12th day of march, 1967, save as provided in sub-clause (iiia), after undergoing a three-year course of study in law from any university in india which is recognised for the purpose of this act by the bar council of india; or(iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68 or any earlier academic year from ..... , regulation 35 of the calcutta university first regulations, 1951 framed under the calcutta university act, 1951 was as follows :'a woman candidate may be allowed to appear as a non-collegiate student (1) at the preliminary law examination one year after her graduation from this university. ..... (2) at the intermediate law examination one year after passing the preliminary law examination, and (3) at the final law examination one year after her passing the intermediate law examination ..... she passed the preliminary law examination in 1977 and, thereafter, the intermediate law examination which was .....

P.D. Palanivelu Vs. the Sub Registrar, (District Registrar's Cadre)

Court : Chennai

Reported in : (2003)1MLJ66

..... indian registration act, 1908 or the indian stamp act, 1899, or in the transfer of property act.12 ..... not been given any opportunity by the respondent to put forth his case that the document has to be considered only as a release deed and not as a sale deed and that further under section 33-a of the indian stamp act, the proper stamp duty payable has to be found on the basis of a certificate from the registrar of the district as an arrear of land revenue and no such certificate shall be granted unless due enquiry is made and such person is given ..... coming to the present case, as could be seen from the recitals in the document in question, a preliminary decree was passed on 7.12.1989 in o.s.7512 of 1984 on the file of city civil court, madras, holding that the brother of the ..... , rules 135 to 203.rule 135 lays down that the rules set out in chapter viii shall apply to all proceedings in executions, as well as decrees as of orders, and that the word decree would include order as well.rule 140 lays down that certified copy of the decree has to be filed ..... considers it necessary to refer to certain provisions of code of civil procedure, so also the division bench ruling of this court so that the collector, who has to decide the matter, shall take note of.chapter viii of the civil rules of practice deals with proceedings in execution, i.e. ..... following rules shall apply to all proceedings in executions, as well as of decrees as of orders, and in this chapter the word 'decree' includes 'order'. .....

E.S. Sanjeeva Rao Vs. Central Bureau of Investigation)(C.B.i.), Mumbai ...

Court : Mumbai

..... at the relevant time was collector, stamps appointed under the provisions of indian stamp act, 1899 and the other accused persons were the sellers and purchasers of certain immovable properties which were sold/purchased under five different sale deeds and these sale deeds were registered under the indian registration act at the office of sub-registrar, ..... answered as under:- questionsfindings(i) whether the regional providentfund commissioner while passing an order under section 7a is a judge within the definition under section 19 of the ipc and section 2 of the judges (protection) act, 1985?in the affirmative(ii) whether the averments madein the fir even if they are taken at its face value, constitute an offence?in the negative(iii) whether the prosecution of thepetitioner only on the basis of ..... 197(1) of the code of criminal procedure is a condition precedent for court to take cognizance of the offence alleged in the private complaint against the judge of the high court in respect of his acts in the discharge of judicial functions and, in this context, full bench held that so far as the judges of the high court and supreme court are concerned the central government or the state ..... every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled "general exceptions", though those exceptions are not repeated in such definition, penal provision, or illustration. ..... preliminary point .....

The Chief Controlling Revenue Authority Vs. the Maharashtra Sugar Mill ...

Court : Mumbai

Reported in : (1947)49BOMLR893

..... the public have no remedy against what may turn out to be a wrong and arbitrary decision of the stamp authorities with regard to the payment of duty chargeable in respect of any particular document, save and except the somewhat doubtful remedy pointed out by section 56 of the indian stamp act, which, however, does not confer upon the public any right to compel the stamp authorities to refer the question arising in any particular case to the decision of the court.32. ..... their lordships were concerned in that case with section 51 of the indian income-tax act, 1918, and section 51 of that act provided:(1) if, in the course of any assessment under this act or any proceeding in connection therewith other than a proceeding under chapter vii, a question has arisen with reference to the interpretation of any of the provisions of this act or of any rule thereunder, the chief revenue authority may, either on its own motion or on reference from any revenue officer subordinate to it, draw ..... latter part of the clause their lordships said that that part need not be considered, for the proceedings in the case before them had not to do with the collection of the revenue, but with the preliminary assessment to ascertain what that revenue was. .....

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 .....

Glencore International Ag vs.indian Potash Limited & Anr.

Court : Delhi

..... 28 the indian stamp act, 1899 (in short 'the stamp act'). ..... it could not be the intention of the legislature under the 1996 act to insist on the stamping of a foreign award under the stamp act laws prevailing in india as states in india have different rates for stamp duty, it would be well nigh impossible for the enforcer to pay stamp duty in every state before seeking enforcement of a foreign award. ..... thus the argument advanced on behalf of ipl that the decision of the arbitral tribunal to adjudicate upon the preliminary objection along with the final award was contrary to fundamental policy of india, in my opinion, is completely ..... as to whether the court would go on to render the decision on merits would depend upon its conclusion qua the preliminary issue(s) pertaining to jurisdiction or bar to an action created by any law for the time being in force. ..... counsel submitted that the constitution of the arbitral tribunal by the chairman, siac, by taking recourse to siac rules, had not caused any prejudice to ipl for the reason that the ia act which ipl states is applicable confers authority on the chairman, siac, under section 8(2), to constitute arbitral tribunal in the event of disagreement between parties on its constitution. ..... the applicable law qua the arbitration proceedings ought to be the international arbitration act (chapter 143 a) (in short the ia act ). ..... of the ia act provides that subject to the provisions of that act, the model law with the exception of chapter viii ex.p. .....

Indu Singh and Anr. Vs.prem Chaudhary and Ors.

Court : Delhi

..... . to put it simply, an order for sale of the property under section 2 or section 3 (or, for that matter, under section4) of the partition act, though deemed to be decree by virtue of section 8, cannot be construed as an instrument of partition within the meaning of section 2(15) of indian stamp act, 1899 for the reasons that it is not the final order passed for effecting a partition , the division of property which would effect the partition being dependent ..... . khanna (supra) observing, inter alia, that it had been rendered overlooking the provision contained in section 2(15) of indian stamp act, 1899 and that merely because further steps have to be taken for enforcement of the shares will not make the partition deed ..... physical partition by metes and bounds, and there is instead an order directing sale of the joint property/properties, then whether such an order of sale of the joint property/properties is a final decree or it is only a preliminary decree, though therefore stands concluded in view of the ratio laid down in the case of hasham abbas (supra), however in deference to the arguments urged on behalf of the plaintiff and the judgments relied upon, the ..... occur hereinafter, it may be noted that it pertained to the chapter on execution of decrees in the context of sale of undivided ..... . the said code (of 1882) contained a separate chapter (chapter xxvi) on the subject of commissions which, in part d, made provision for issuance of commission to make partition .....

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. .....

Smt. S. Jalaja Vs. Union Of India

Court : Karnataka

..... agreements to sell as mentioned in clause (a) of sub- section (1) for similar land are not available for the immediately preceding three years; or (c) the market value has not been specified under the indian stamp act, 1899 (2 of 11 9 1899) by the appropriate authority, the state government concerned shall specify the floor price or minimum price per unit area of the said land based on the price calculated in the manner specified in sub- ..... - the state government may in the public interest, by notification in the official gazette, exempt any of the following projects from the application of the provisions of chapter ii and chapter iii of this act, namely:- (a) such projects vital to national security or defence of india and every part thereof, including preparation for defence or defence production; (b) infrastructure projects including educational institutions, hospitals ..... where a the state government may if it preliminary notification under thinks fit delegate any of its section 11 is not issued within powers under this chapter to twelve months from the date of any of its officers, by rules appraisal of the ..... the preliminary notification or create any encumbrances on (8) where the land has been such land from the date of acquired for the board, the publication of such notification state government, after it has till such time as the proceedings 10 3 taken possession of the land, under this chapter are may transfer the land to the completed: board for the purpose for which provided .....