Judgment Search Results Home > Cases Phrase: indian stamp act 1899 chapter i preliminary Sorted by: old Page 1 of about 116 results (0.090 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. .....

Kalyanji (Now Dead) and anr. Vs. Ram Deen Lala

Court : Chennai

Reported in : AIR1925Mad609; (1925)48MLJ290

..... (3) of the criminal procedure code together, the appellant should have preferred his appeal (1) not to this court but to the full bench of the court of small causes under section 38 of the presidency small cause courts act, and (2) even if an appeal lay to this court, he should have preferred it to the original side of the high court and not to the appellate side. ..... on these facts, the learned judge came to the conclusion that a prima facie case under sections 193 and 196, indian penal code, was made out against the appellants and therefore forwarded a complaint to the chief presidency magistrate under section 476, criminal procedure code.10. ..... menon for the crown prosecutor raised two preliminary objections, first, that the appellate tribunal in a case like the present is not the high court but a bench of the court of small causes, and secondly, that if the appellate tribunal is the high court, the ..... i am not prepared to sustain either of these preliminary objections and they both fail.4. ..... under these circumstances, it cannot be said that a prima facie case under section 196, indian penal code, has been made out against the appellant.11. ..... it is true that the section appears in the chapter headed 'new trials and appeals,' but it is a rule of construction that headings are not to be taken into consideration if the language of the section is clear. ..... we have been informed that no stamp-fee is levied on such application. ..... we also understand that no stamp is levied on such applications. .....

Asvath Narayan Astaputre Vs. Chimabai Gopalrao Sadekar

Court : Mumbai

Reported in : AIR1926Bom107; (1925)27BOMLR1246

..... also been pointed out that the stamp paid on the document is one that was correct for a sale deed under the indian stamp act then in force, viz. ..... was held that this document was a mortgage by conditional sale, but unfortunately in so far as the judgment of the court proceeds upon the case being one falling under section 58 (c) of the transfer of property act, it is distinctly overruled by the subsequent case already mentioned, and this ruling was in fact cited in one of the referring judgments at page 593 ..... in support of my view that this document cannot be treated as in any way a mortgage by conditional sale under section 58 (c) of the transfer of property act, inasmuch as the preliminary requirements of a mortgage under section 58 are not satisfied.7 ..... he made that payment, the sale would be void under section 35 of the indian contract act ..... the wording of the document us it stands, it seems to me that the proper construction to put on it is that it evidences a contingent sale of the kind contemplated in chapter iii of the indian contract act ..... , act x of 1862, whereas a mortgage deed or an agreement to sell only required a stamp of ..... is suggested that this is merely an ostensible sale, and that the case is one fulling under clause (c) of section 58 of the transfer of property act, namely, a mortgage by conditional sale ..... , so far as it is a contract for sale, it did not create any interest in or charge on the property, in view of the express provisions of section 54 of the transfer of property act .....

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 .....

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 .....

Employees' State Insurance Corporation Vs. Spangles and Glue Manufactu ...

Court : Punjab and Haryana

Reported in : (1968)ILLJ66P& H

..... be necessary to go into questions of fact-(a) with regard to the fraud by which the corporation was kept from the knowledge of making an application before the employees' insurance court under section 72(2) of the act, and(b) the point of time when the corporation came to know of its rights to make an application.another ancillary but material question which will arise and which will have to be determined will be whether ..... premises a factory or not must depend on the facts of each particular case, and where, as must be the case in many small businesses which are on the border line of being factories within the meaning of the act, the principal employer is a person who actively works on the premises in connexion with the business, he must be included in the figure of twenty, but if he is the principal employer merely by being the owner or ..... agitated on behalf of the respondents was the preliminary objection that the appeals under clause 10 of ..... that rule, however, provides that section 12 of the indian limitation act governs an appeal under the letters patent and the appellant in such a case is entitled to exclude the 'time requisite' for obtaining a copy of the judgment appealed against (whether such copy ..... for private use which do not require a court-fee stamp but cannot be used officially until the prescribed court-fee has ..... rule 4 in that chapter provides that every application for a copy shall contaln the particulars given thereunder, one of which, namely, (f), is whether the copy .....

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. .....

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. .....