Judgment Search Results Home > Cases Phrase: indian stamp act 1899 chapter i preliminary Sorted by: recent Page 1 of about 116 results (0.096 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 .....

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. .....

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 .....

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 .....

Office of Lokayukta Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

Reported in : 160(2009)DLT1

..... rules on which the learned single judge has placed reliance deals with investigation, which would be a post notice stage and in case the lokayukta decides after the preliminary inquiry to proceed against the public functionaries then he would certainly issue notice and 'proceed to investigate' the matter in terms of the procedure as laid down by ..... the need to create an authority to deal with such cases was felt by conference of jurists representing asia and pacific regions in following words:this gap should be filled by an authority which is able to act more speedily, informally and with a greater regard to the individual justice of a case than is possible by ordinary legal process of the courts, it should not be regarded as a substitute for, or rival to, the legislature or ..... the lokayukta is empowered under the act to conduct such preliminary verification as he deems fit or proposes to conduct any investigation under the act to find whether the allegation in the complaint prima ..... be deemed to be a civil court for the purpose of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974).xxx xxx xxx13 ..... upalokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code, 1960 (45 of 1960). ..... by raising technical pleas like complaint not having been accompanied by affidavit and delayed filing of the judicial stamp to make up the deficiency etc. ..... of five hundred rupees shall be paid in judicial stamps.17. .....

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

..... maharashtra land revenue code, 1966;(xv) the orders passed under the maharashtra university act, 1994(xvi) the orders passed under the bombay stamp act, 1958;(xvii) the orders passed under the bombay police act;(xviii) the orders passed under the bombay shops and establishments act, 1948;(xix) the orders passed under the bombay port trusts act, 1879;(xx) the orders passed under the bombay city (inami and special ..... passed under the employees' provident funds and miscellaneous provisions act, 1952;(xxv) the orders passed under the employees' state insurance act, 1948;(xxvi) the orders passed under the factories act, 1948;(xxvii) the orders passed under the indian railways act, 1890;(xxviii) the orders passed under the indian electricity act, 1910;(xxix) the orders passed under the motor vehicles act, 1939;(xxx) the orders passed under the major ..... maharashtra slum areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under the maharashtra restoration of lands to scheduled tribes act, 1974 (act xiv of 1975)(vii) the orders passed under the maharashtra co-operative societies act, 1960;(viii) the orders passed under chapter vi and vii of the maharashtra recognition of ..... considered the rival submissions at length, i shall now proceed to first deal with the preliminary objection raised by the counsel for respondent no. .....

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 .....

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 .....

Ashok Kumar Parmar Vs. B.D.C. Sankiila and ors.

Court : Delhi

Reported in : ILR1995Delhi60; 1995RLR85

..... (3) the office found the presentation of the plaint to be defective on three counts : (i) the certified copy of the order accompanying the plaint did not bear the court fee stamp of 75 paise (ii) photo copies of documents accompanying the plaint were not attested as true copies (iii) a photo copy of the document was in hindi and was not accompanied by transition in english nor the translation charges were ..... (1) this order would decide the following preliminary issue : 'whether the suit is barred by imitation ? ..... it is further submitted that the plaint would be deemed to have been presented on 16-10-3987 on which day the suit was barred by limitation rules 1 and 2 of chapter 4 of delhi high court (original side) rule, 1967 framed in exercise of powers conferred 'by sections 122 and 129 of cpc and section 7 of the delhi high court act. .....

Rajiv R. Paonaskar Vs. Third Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1992)40ITD581(Mum.)

..... , or to the status under which he is assessed.it was shri patil's case that the appellant was denying his liability to be assessed to tax at the rate of 20% under chapter xii-a and, therefore, had filed an appeal against the assessment under section 143(1) which had raised the demand on the wrong assumption that the assessee, who was a non-resident, had not exercised ..... by any of the following orders of any assessing officer may appeal to the deputy commissioner (appeals) against such order - (c) an order against the assessee, where the assessee denies his liability to be assessed under this act or any order of assessment under sub-section (3) of section 143 or section 144, where the assessee objects to the amount of income assessed, or to the amount of tax determined, or to the amount of loss computed ..... this demand notice bore a stamp to the effect that the calculation of tax was made at 20 per cent plus surcharge as the option required under chapter xii-a is not exercised.when the matter went in appeal, the aac dismissed the appeal on the preliminary ground that under section 246(1) an order passed ..... all the income of the appellant is from investments made by him from out of the indian funds before his departure abroad and as such the provisions of chapter xii do not apply to the appellant.apparently, the appellant is a non-resident and it was, therefore, argued that the fact that the appellant had filed a return of income showing .....