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 .....
Tag this Judgment!Court : Supreme Court of India
..... he is by habit a robber, house breaker, dacoit, thief or receiver of stolen property or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps or forgery; (2) any person convicted of an offence punishable under chapter xvi of the indian penal code, whose previous conviction or convictions taken in conjunction with the facts of the present case show that he habitually commits offences against the person ..... by the magistrate for permitting further detention; 219 air2017sc132220 2018 insc24879 part xii (iv) to avoid false implication of an innocent, a preliminary enquiry may be conducted by the dsp concerned to find out whether the allegations make out a case under the atrocities act and that the allegations are not frivolous or motivated; (v) any violation of direction (iii) and (iv) will ..... criminals, namely: (i) any person convicted of an offence punishable under chapters xii, xvii, xviii of the indian penal code (central act xiiv of whose previous conviction or convictions taken in conjunction with the facts of the present case shows that he is by habit a robber, dacoit 101 part xiii thief or receiver of stolen property or that he habitually commits extortion cheating, counterfeiting coin, currency notes or stamps or ..... an impression that the government wished to destroy caste of the native inmates.238 similarly, the madras jail manual, 1899 stated that in allotting labour to convicts reasonable allowance shall be made for caste prejudice, .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
..... made, and may accordingly be relied (2) any foreign award which on by any of those persons by would be enforceable under way of defence, set-off or this act shall be treated as otherwise in any legal binding for all purposes on the proceedings in india and any persons as between whom it references in this chapter to was made, and may enforcing a foreign award shall accordingly be relied on by be construed as including any of those persons by way references to relying on ..... agreement have decided to resolve their dispute by arbitration and when they, on their own, chose to have the seat of arbitration in a foreign country, then in view of the provisions of section 2(2) of the act of 1996, part i of the act, will not apply in a case where the place of arbitration is not india and if part i does not apply and if the agreement in question fulfils the requirement of section 44 then part ii will apply ..... section 11(6) and after taking note of the definition of international commercial arbitration as provided in section 2(1)(f), the procedure for appointment of arbitrator and the provision of section 28, it was held that part i of the act of 52 1996 deals with domestic arbitration and part ii deals with foreign award , and by specifically taking note of the provisions of section 28, has held that companies incorporated in india and when both the parties ..... the respondent s preliminary application, holding as follows: the tribunal finds that two indian parties can arbitrate ..... stamps [(1899 .....
Tag this Judgment!Court : Supreme Court of India
..... of the learned counsel for the appellant, on the subject of forum, we will fictionally presume, that the amendment to section 15-z by the securities and exchange board of india (amendment) act, 2002 had no effect on the second appellate remedy made available to the parties, and further that, the above amendment merely alters the forum of the second appeal, from the high court ..... though the amendment act did not contain any saving clause, under section 8 of the bengal general clauses act, 1899, the transfer of the suit having been lawfully made under section 29 of the act its deletion would not have the effect ..... when the appeals were taken up by the single judge, the commission raised preliminary objection on maintainability on 38 hp state electricity ; (2014) 5 scc21946 part c the ground that after the constitution of an appellate tribunal under the 2003 legislation, it would ..... punjab high court, an objection to the valuation of the plaint was raised by the stamp reporter and the correct valuation was determined on which the plaintiffs paid additional court fees. ..... the division bench held that article 10 of the government of india (adaptation of indian laws) order 1937 provided that the powers exercisable by any authority, which in the view of the high court would include a court, before the separation ..... following the insertion of chapter 6b with effect from 25 january 1995, the remedy of an appeal was provided to the securities appellate tribunal under section 15 t to a person .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
..... the court is arbitrations, may a contravention satisfied that the also be set aside with the applicant was by the court, if the fundamental prevented by court finds that policy of indian sufficient cause the award is law shall not from making the vitiated by patent entail a review on application within illegality the merits of the appearing on the the said period of face ..... where, under an (6) where, under an appointment procedure appointment procedure appointment procedure agreed upon by the parties, agreed upon by the parties, agreed upon by the parties, (a) a party fails to act as (a) a party fails to act as (a) a party fails to act as required under that required under that required under that procedure; or procedure; or procedure; or (b) the parties, or the two (b) the parties, or the two (b) the parties, or the ..... [(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 ..... stamp act, an agreement does not become a contract, namely, that it is not enforceable in law, unless it is duly stamped ..... act of 1899 ..... regular civil court under section 45 of the act in making or refusing a reference of dispute arising from an international arbitration agreement governed by the provisions contained in part iii chapter i of the act of 1996. .....
Tag this Judgment!Court : Supreme Court of India
..... in evidence to show: (i) that there was a dispute relating to a particular property; (ii) that the dispute was between the particular parties; (iii) that such dispute led to the passing of a preliminary order under section 145(1) or an attachment under section 146(1), on the given date; and (iv) that the magistrate found one of the parties to be in possession or fictional possession of the disputed property on the ..... (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved 41 person, the amount, if any, paid ..... scc545 this court had occasion to consider the provisions of sections 41 to 43 of indian evidence act where this court laid down that a judgment in a criminal court is admissible ..... law act, 1996 was enacted in the united kingdom where a separate chapter chapter iv ..... commissioner of stamps which is usually referred to on the use of include as a word of extension, is followed by these lines: but the word include is suscep- tible of another construction, which may become imperative, if the context of the act is sufficient to show that it was not merely employed for the purpose of adding to ..... dilworth [1899 ac99 and few other decisions came ..... 1899 .....
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