Judgment Search Results Home > Cases Phrase: indian stamp act 1899 chapter iv instruments not duly stamped Page 23 of about 243 results (0.149 seconds)

Indore Development Authority Vs. Shailendra (Dead) Through Its Lrs. An ...

Court : Supreme Court of India

..... construing the words distinct matters occurring in section 5 of the stamp act, 1899, and in concluding that these words have not the same meaning as the words two or more of ..... passage, lord wensleydale stated the rule thus: "in construing wills and indeed statutes and all written instruments, the grammatical and ordinary sense of the word is adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument in which case the grammatical and ordinary sense of the words may be modified, so as to ..... again, where a creditor refuses a tender sufficient in amount, and duly made, he cannot afterwards, for purposes of oppression or extortion, avail himself of such refusal; for, although the debtor still remains liable to pay whenever required so to do, yet the tender operates in bar of any claim for damages and interest for not paying or for detaining the debt, and also of the costs ..... air1961sc1353has observed : .the following three conditions shall be satisfied before s.90 of the indian trusts act can be applied to a case: (1) the mortgage shall avail himself of his position as mortgagee; (2) he shall gain an advantage; and (3) the gaining should ..... compensation for land taken up under the land acquisition act i of 1894 provides for the money paid in court to be credited as civil court deposits, the accounts of which are ultimately kept by the treasury (according to paragraph 355 of chapter xv of the financial handbook issued by the .....

Ramaiah Life Style Cafe vs.eminent Entertainment & Ors

Court : Delhi

..... was in any way to blame for the registrar having not decided the application either way; the plaintiff could not be made to suffer for the actions of the registrar; (xiv) that section 45(2) of the trade marks act prohibiting admission into evidence of any assignment till cs(comm) no.1433/2016 page 9 of 18 registered was in the nature of section 35 of the indian stamp act, 1899 prohibiting the courts from admitting into evidence documents not duly stamped i.e. ..... chapter iv of the trade marks rules, 2002 deals with assignment and cs(comm) no.1433/2016 page 14 of 18 transmission and rule 72 thereunder provides for impounding of instruments not properly or sufficiently stamped ..... no.1433/2016 page 10 of 18 registrar under sub-section (1) or an appeal from an order thereon, or an application under section 57 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with sub- section (1), shall not be admitted in evidence by the registrar or the appellate board or any court in proof of title to the trade mark by assignment or transmission unless the registrar or the appellate board or the court ..... 8th july, 2013, a document or instrument in respect of which no entry had been made in the register in accordance with the sub-section (1) was to be not admitted in evidence by any court in proof of title to the trade mark by a assignment or transmission unless the court otherwise directed, in the amended section 45 such .....

Smt. Santosh Kumari vs.smt. Mahendri & Ors.

Court : Delhi

..... when by act 48 of 2001, the provision of section 53-a of the transfer of property act, 1882 was amended alongwith related provisions of the stamp act, 1899 and registration act, 1908, and only as per these provisions, after 24.09.2001, there was a requirement for stamping and registration ..... is only an agreement to sell and rfa no.100/2018 page 6 of 14 related documents which are executed after 24.09.2001 which require stamping and registration and these aspects i have considered in detail by reference to relevant paras of the judgment of the supreme court in the case ..... per which the appellant/plaintiff claims co-ownership of the suit property with the respondent no.1/defendant no.1/sister, are unregistered and unstamped documents, and therefore the said documents do not confer any title upon the appellant/plaintiff in view of the judgment of the supreme court in the case of suraj lamps & industries pvt. ..... of transfer of property act enacts that sale of rfa no.100/2018 page 7 of 14 immoveable property can be made only by a registered instrument and an agreement of sale does not create any interest or ..... may not have complete ownership rights unless there is a duly registered sale deed, however, certain rights can exist in an immovable property pursuant to the provisions of section 53a of the transfer of property act, 1882, section 202 of the contract act, 1872 ..... of indian succession act, ..... court held: a grant of power of attorney is essentially governed by chapter x of the contract act. .....

Bharat Mal @ Bharat Kumar vs.ram Avtar

Court : Delhi

..... was also submitted on behalf of the respondent that in terms of section 35 of the indian stamp act,1899,the said general power of attorney not having been duly stamped was thus inadmissible in evidence and could not have been relied upon neither by the learned trial court nor by the first appellate court ..... instant case and as the plaintiff/respondent undoubtedly has a better title and right in the suit property to claim possession from the appellant, the contention raised on behalf of the appellant that the suit was not maintainable in the form filed in as much as the appellant had raised a cloud on the title of the respondent/plaintiff and that thus a suit for declaration needed to be filed, is wholly misplaced taking into ..... always been ready and willing to perform their part of the contract, and that it was the defendant who wilfully refused to perform her part of the contract, and that the time was not of the essence of the contract, the court has got to enforce the terms of the contract and to enjoin upon the defendant appellant to make the necessary application to the chief commissioner. ..... where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and ..... - 2005 (12) scc77 this court held :"a grant of power of attorney is essentially governed by chapter x of the contract act. .....

Maharaja of Kolhapur Vs. S. Sundaram Ayyar and 15 ors.

Court : Chennai

Reported in : (1925)ILR68Mad1

..... have been read to us appears to be this, that by an understanding between odan thakoor and his adopted son, carried out in those instruments, it was agreed that notwithstanding the adoption, chundarbutti should take and enjoy the estate of her husband, whose death was then apprehended and which ..... has been in the possession of a third person who could successfully plead adverse possession or is taken away to a place where the indian courts would have no jurisdiction, can it be said that the widow has no power to adopt a son to her husband and thus ..... relating to the two monarchs have received very high praise from eminent eastern and western scholars, in chapter ix of his ' shivaji and his times,' gives with great clearness the reasons that induced sivaji ..... natural father made no difference, the gift during datta homam by the boy's brother not being an act of his own mere motion as a brother but being only ancillary to perfect by religious rite what the father ..... 'declaring that the fourteenth defendant's adoption is invalid because it was not duly made and is illegal. ..... their history and tradition certainly stamp them as a caste of the ..... 1899, a suit brought by a reversioner in amar singh's branch, which settled at tiruvadamarudur in the tanjore district, the subordinate judge of kumbakonam found that there was no such form of marriage as sword marriage recognized in hindu law and that radha bai was not the lawfully wedded wife of pratapa singh but only his concubine and her daughter's son was not .....

Maharaja of Kolhapur Vs. S. Sundaram Ayyar and ors.

Court : Chennai

Reported in : AIR1925Mad497

..... been read to us appears to be this, that by an understanding between odan thakoor and his adopted son, carried out in those instruments, it was agreed that notwithstanding the adoption chundarbutti should take and enjoy the estate of her husband, whose death was then apprehended and ..... to the authorities, and eventually succeeded in doing so before they made the adoption, the mere deprivation of the widows by an act of state would not amount to a vesting of the property by succession in a person who in law has title to the property, and the ..... been in the possession of a third person who could successfully plead adverse possession or is taken away to a place where the indian courts would have no jurisdiction can it be said that the widow has no power to adopt a son to her husband and ..... to the two monarchs have received very high praise from eminent eastern and western scholars, in chapter ix of his 'shivaji and his times,' gives with great clearness the reasons that induced sivaji ..... that the fourteenth defendant's adoption is invalid because it was not duly made and is illegal. ..... history and tradition certainly stamp them as a ..... 1899, a suit brought by a reversioner in amar singh's branch, which settled at tiruvadamarudur in the tanjore district, the subordinate judge of kumbakonam found that there was no such form of marriage as sword marriage recognized in hindu law and that radha bai was not the lawfully wedded wife of pratapa singh but only his concubine and her daughter's son was not .....

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

..... that the learned single judge, while upholding monsanto s rights in its patented technology and trademarks, erred in effectively directing it to compulsorily license the same to the nuziveedu, in direct conflict with the entire scheme of the patents act, 1970 and the trade marks act, 1999, which it is submitted, are in circumvention of the due process of law contained in chapter iv of the patents act, 1970, and beyond the jurisdiction of the learned single judge ..... . the defendants shall be obliged to maintain and render accounts - including of month-wise sales, for each quarter of every financial year for which this order ordains, with further liability to place on record of the court duly-audited accounts within two months of the close of each financial year, making available copies thereof to monsanto; (8) ..... . the relevant provisions from other international covenants/instruments are articles 2(2), 4(1) and 4(3) of the directive 98/44/ec of the european parliament and of the council of 6 july 1998 on the legal protection of biotechnological inventions (hereinafter, the biotech directive ) and article 53(b) of the european patent convention ( epc ) ..... . thus, the specification does not provide any industrial application which is outside the scope of section 3(j) of the indian patents act ..... . stamps commissioners (1899) a.c.99) which the supreme court of india consistently followed.8 73 .....

Sh. Sudesh Kakkar vs.sh. Satish Mittal

Court : Delhi

..... a buyer who could have purchased the said property on higher price, therefore, he got issued a legal notice to the defendant demanding earnest amount paid by him on flimsy excuses which was duly replied by counsel for the defendant with 10 days time to get the said property transferred in his name after paying the balance sale consideration failing which the said earnest money would be liable to be forfeited, ..... if damages cannot be calculated and the terms of the contract provides therefor only for penalty by way of liquidated damages, having regard to the provisions contained in section 74 of the indian contract act a reasonable sum only could be recovered which need not in all situations even be the sum specified in the contract. ..... when any person enters into any bail-bond, recognizance or other instrument of the same nature, or, under the provisions of any law, or under the orders of the central government or of any state government, gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of any condition of any such instrument, to pay the whole sum mentioned therein. ..... consequences for breach of the contract are provided in chapter vi of the contract act which contains three sections, namely, section 73 to section 75. ..... to read: by an amendment made in 1899, the section was amended rfa no.216/2017 page 24 of 38 74. ..... by giving a stamp of earnest money to advance price, the latter cannot become the former. .....

Neena Aneja Vs. Jai Prakash Associates Ltd.

Court : Supreme Court of India

..... 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 of altering the law applicable ..... in second appeal to the 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. ..... and clause (e), when read together is two- fold: first, the right which has accrued on the date of the institution of the consumer complaint under the act of 1986 (the repealing law) is preserved; and second, the enforcement of the right through the instrument of a legal proceeding or remedy will not be affected by the repeal.64. ..... 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 came into force should ..... decision hence may not be relevant in interpreting section 6(e) of the general clauses act, rather it is useful for interpretating section 6(b) of the general clauses act which protects anything duly done or suffered ..... 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 aggrieved by an order of .....

Shashi vs.naveen Sanghavi

Court : Delhi

..... has clarified with reference to the ratio of fateh chand's case (supra) that when what is forfeited pursuant to a clause in a contract being an agreement to sell then that act of forfeiture is one falling under section 74 of the indian contract act, 1872 and that section 74 of the contract act would only apply if the contract is of such a nature that loss cannot be proved on account of breach of contract but if the loss can be proved then it/loss ..... and the terms of the contract provides therefor only for penalty by way of liquidated damages, having regard to the provisions contained in section 74 of the indian contract act a reasonable sum only could be recovered which need rfa2152016 page 29 of 33 not in all situations even be the sum specified in the contract. ..... any bail-bond, recognizance or other instrument of the same nature, or, under the provisions of any law, or under the orders of the central government or of any state government, gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of any condition of any such instrument, to pay the whole sum mentioned ..... breach of the contract are provided in chapter vi of the contract act which contains three sections, namely, section ..... it the contract is not liable rfa2152016 page 24 of 33 was an agreed genuine pre-estimate of damages duly agreed by the parties. ..... an amendment made in 1899, the section was ..... by giving a stamp of earnest money to advance price, .....