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Judgment Search Results Home > Cases Phrase: indian stamp act 1899 schedule i first schedule Court: punjab and haryana Page 1 of about 22 results (0.122 seconds)

May 19 1966 (HC)

Ahmad DIn Vs. Abdul Salem

Court : Punjab and Haryana

Reported in : AIR1966P& H528; 1966CriLJ1479

..... foil and counterfoil the foil being handed over to the person paying the money and the counterfoil being kept by the commissioner for purposes of inspection.the above charge will be in addition to any stamp duly payable on the affidavit under the indian stamp act, 1899, schedule i, article 4.'6. ..... the usual form in which notifications are issued by this court in the matter of appointment of oaths commissioners is this :' in exercise of the powers vested in them by section 139(b) of the code of civil procedure (act v of 1908), the hon'ble the chief-justice and judges of the high court of punjab are pleased to appoint sarvshri -- -- -- -- ---- -- -- and -- -- -- -- -- as commissioners for administering oaths and affirmations to deponents of affidavits under the ..... of the observations made by me in an earlier part of this judgment the court of every magistrate or other judicial officer who is en titled to receive evidence is such a competent authority under section 4 of the oaths act; but an oaths commissioner appointed by the high court under section 139(b) of the code of civil procedure would not have any such jurisdiction or authority as he is not entitled to receive evidence. ..... they will ordinarily be appointed for a period of three years in the first instance, but if their work is satisfactory, their appointment may be renewed from time to time for further periods of three ..... the very first rule in chapter 12-b shows that the affidavits referred to therein are those under the code .....

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Sep 18 2008 (HC)

Sukhjit Singh Cheema, Advocate and ors. Vs. Punjab Urban Planning and ...

Court : Punjab and Haryana

Reported in : (2008)152PLR484

..... instructions, when translated in english, read as under:toall collectors (deputy commissioners) in state,chandigarh, dated 3.6.2008.sub: regarding stamp duties on conveyance deed registration deed on thelands allotted by the government.siron the subject cited above, i have been directed to invite your attention and it is instructed that under the provisions of section 47-a of the indian stamp act, 1899 and punjab government rules 1983 for valuation of instruments, if according to it any registration deed for such land is executed ..... having been previously executed by any person, is executed in india on or after the first day of july, 1899;(b)to(c)x x x x x x x x x x x xprovided that, notwithstanding anything contained in clause (a), (b) or (c) of this section or in schedule i, and subject to the exemptions contained in schedule i-a, the following instruments shall be chargeable with duty of the amount indicated in schedule i-a as the proper duty therefore, respectively, that is to say-(aa) every instrument mentioned in schedule i-a as chargeable with duty under that schedule, which, not having been previously executed by any person is executed in punjab .....

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Mar 18 2008 (HC)

Gurdial Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR2008P& H146; (2008)3PLR236

..... in the first paragraph of the notification, the following provision has been made:in exercise of powers conferred by clause (a) of sub-section (1) of section 9 of the indian stamp act, 1899 (central act no. ..... 2 of 1899) and all other powers enabling him in this behalf, the governor of punjab is pleased to remit, with effect from the date of publication of this order in the official gazette, the stamp duty chargeable in case of transaction of transfer by an owner of agricultural land and rural residential property to his class-i heirs (as defined in schedule under section 8 of the hindu succession act, 1956) during his life time.however, where the owner of the property is unmarried and/or is issueless, this ..... the schedule under section 8 of the succession act specifies heirs in class-i, which includes son of a pre-deceased son of a pre-deceased son. ..... be extended to the petitioner as the notification has not been given retrospective effect, has failed to impress us because the phrase 'son of a pre-deceased son of a predeceased son' is covered by the expression class-i heirs as defined in the schedule under section 8 of the succession act. ..... a bare perusal of the aforementioned provision made in the notification shows that no stamp duty would be chargeable in case of transaction or transfer by an owner of agricultural land and rural residential property to his class-j heirs as defined in the schedule under section 8 of the hindu succession act, 1956 (for brevity, 'the succession act'). .....

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Sep 13 1961 (HC)

Gujrals Co. Vs. M.A. Morris

Court : Punjab and Haryana

Reported in : AIR1962P& H167

..... decision in this revision petition is whether a foreign award has to be stamped in accordance with the provisions of the indian stamp act, 1899, before it is filed and made a rule of the court in india ..... it is common ground that the only charging section in the indian stamp act, 1899, which governs the present case is section 3(c), which is in ..... have said above, i would accept this petition, set aside the judgment of the trial court and hold that there award in question requires to be stamped in accordance with the provisions of the indian stamp act before it is filed and made a rule of the court. ..... (c) every instrument (other than a bill of exchange or promissory-note) mentioned in that schedule, which, not having been previously executed by any person, is executed out of india on or after that day, relates to any property situate, or to any matter or thing done or to be done, in india ..... subject to the provisions of this act and the exemptions contained in schedule i, the following instruments shall be chargeable with duty of the amount indicated in that schedule as the property duty therefor respectively, that ..... the respondent, they filed the present application in the court to the subordinate judge, 1st class, delhi, under section 6 of the arbitration (protocol and convention) act and section 17 of the indian arbitration act for the enforcement of the foreign award. ..... in my opinion, it does, because, in the first instance, it has to be filed in a court situate in india and has to be .....

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Jun 17 1952 (HC)

Shadi Ram Vs. Prabhu

Court : Punjab and Haryana

Reported in : AIR1953P& H28

..... ), the question came up whether an acknowledgement containing words such as 'baqi rahe lene lekha kar ke', 'baqi rahe', 'baqi rahe lene', 'baqi rahe dene', 'baqi lene' or 'baqi dene' amounted to mere acknowledgment chargeable with stamp duty of one anna only under article 1, schedule i of the indian stamp act or constituted an agreement or bond chargeable with duty under articles 5 and 15 respectively of the first schedule. ..... judge considered what really was the main questionin the case, namely whether the acknowledgement of the 24th of march 1937 could be held to be a promise to pay in writing and therefore came within clause (3) of section 25 of the indian contract act; for, if the acknowledgement could not be held to be a promise to pay in writing then the cause of action had ceased to be enforceable for all later acknowledgements were in identical terms with the acknowledgement of the 24th of march ..... when the debt has become barred by limitation there is section 25(3) of the contract act and there can be no doubt under the section itself that the written promise to pay falling within this furnishes a fresh cause of action ..... in 'maniram's case', the question was only whether the particular document amounted to an acknowledgement for the purposes of section 19 of the limitation act and it is not easy to understand why reference to english principles was made. ..... the promise to pay necessary to bring a case within clause (3) of section 25 of the indian contract act must be in writing. .....

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May 25 1988 (HC)

Ramesh Birch and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1988P& H281

..... ' the schedule to this order refers to indian stamp act, 1899, among others. ..... the indian stamp (punjab amendment act, 1912, which amended the indian stamp act, 1899, the punjab district boards (amendment) act. ..... the first schedule to the constitution was also amended on and from november 1, 1966, including punjab and haryana as two independent states and chandigarh as a union territory. ..... the division bench before whom the two writ petitions were first listed for hearing, came to the conclusion that in their view section 87 clearly authorises the govern-ment to extend to the union territory of chandigarh enactments brought into force in any state after november 1, 1966. ..... the views of the various members of the bench were not as clear cut here as in the first five cases, so it will be necessary to analyse what each judge said. ..... this adaptation order came into force with effect from the first day of november 1966, paras 3 and 4 of this order provided:--'3. ..... 2 of the ajmer marwara (extension of laws) act, 1947 and first part of the part c states (laws) act, 1950. ..... 2 of the ajmer merwara (extension of laws) act, 1947 and first part of s. ..... 2 of ajmer-merwara (extension of laws) act, 1947 and first part of s. ..... the new state of haryana and the union territory of chandigarh were formed on or from the appointed day namely, first day of november 1966. ..... elaborating the first point referred to earlier, mr. k.t.s. ..... firstly, such a restriction would have led to stagnation. .....

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Mar 21 1966 (HC)

Mst. Santi and anr. Vs. Pritam Singh Sarwan Singh

Court : Punjab and Haryana

Reported in : AIR1967P& H9

..... it appears to us that this would be in consonance with the construction which is to be placed on the words 'where there has been an appeal' employed in article 182 (2) of the first schedule of the indian limitation act, 1908. ..... non-payment of additional court-fee is not an 'order of dismissal for default' within section 2(2)(b) civil procedure code, but is a decision on question of court-fee involving the dismissal of the suit or appeal under the court-fees act and is appealable as a decree as being an adjudication which conclusively determines the rights of the parties with regard to a matter in controversy between them'.in the opinion of biswas, j. ..... the question in that case also related to the starting point of limitation under article 182 (2), schedule i of the indian limitation act of 1908. ..... in this case, the question for the full bench was:--'whether a memorandum of appeal, which is found to be defective for want of proper court-fee and is, therefore, not admitted in view of section 4, courts-fees act, and it is ultimately rejected on that ground, can be treated as an appeal when the court has refused to admit or register it as an appeal. ..... this conclusion of the bench clearly stamps the order of the district judge passed on 12th of august 1959, not only as final but judicial.all-in-all, we are inclined to the view that the order passed by the district judge, sangrur, on 12th of august ..... bennayya, (.1899) ilr 22 mad 155, and saminatha ayyar v. .....

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Mar 12 2003 (HC)

Bodh Raj Daulat Ram and ors. Vs. Food Corporation of India and anr.

Court : Punjab and Haryana

Reported in : 2003(2)ARBLR677(P& H); (2003)134PLR360

..... according to schedule 1a of indian stamp act as applicable to the state of punjab, haryana and chandigarh, the appropriate value of the stamp paper should have been ..... the modification that where the latter had allowed interest at the rate of 18% per annum on the awarded amount from the date of filing of the application under sections 14(2) read with section 17 of the arbitration act, 1940 till the date of realisation of the decretal amount, learned district judge brought down the rate of interest to 14% per annum.2. ..... of subordinate judge 1st class, chandigarh dated 12.9.1992, whereby the latter had allowed the application of the food corporation of india (herein after to be referred as fci) under sections 14(2) read with section 17 of the arbitration act and made award delivered in its favour by the arbitrator and against m/s bodh raj daulat ram and ors. ..... delhi high court set aside the award and the matter was remitted to the arbitrator to first decide the preliminary issue before adjudicating upon the merits of the dispute. 28. ..... the acceptance so far as 553 mts by the fci is concerned was conveyed by telegram dated 2/4.1.1980 and the reference as regards the said alleged contract was made for the first time on 27.1.1983 which is clearly after the period of limitation. ..... the party preferring a claim for damages, must first prove that these damages have actually been suffered by ..... the party claiming any damages has to first assert its right before claiming the amount in any adjudication .....

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Aug 19 2011 (HC)

Gian Singh and Another Vs. State of Punjab and Others

Court : Punjab and Haryana

..... deficient amount of duty, if any, shall be payable by the person liable to pay the duty: provided that the collector shall, within a period of two years from the date of the commencement of the indian stamp (haryana amendment) act, 1973, also be competent to act as aforesaid in respect of the instruments registered on or after the first day of november, 1966 and before the ..... receipt of reference from the inspector-general of registration or the registrar of a district, in whose jurisdiction the property or any portion thereof which is the subject-matter of the instrument is situate, appointed under the registration act, 1908, shall, within three years from the date of registration of any instrument, not already referred to him under subsection (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness ..... - the consideration amount fixed at the time of allotment of immovable property by any government/semi government organization shall be deemed to be the collector's rate and the stamp duty shall be charged for registration of document upon the consideration amount fixed by the government/semi government organization provided that document is got registered by the original allottee within three months ..... even on 03.07.2008, (ii) the second contingency which the amended rules provides is that, it should be a document that is got registered within 3 months from the payment of the last installment as per the schedule of payment of such allotment. .....

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Mar 22 1965 (HC)

Union of India (Uoi) Through Chief Controlling Revenue Authority and o ...

Court : Punjab and Haryana

Reported in : AIR1966P& H488

..... that the lease deed in question was liable to stamp duty, under article 35 (c) of schedule i to the indian stamp act and determined the deficiency in duty at rs. ..... been called upon to decide is whether the article applicable to the lease deed is article 35 (a) (iii) or 35 (c) of schedule i to the indian stamp act. ..... reference under section 57 of the indian stamp act, 1899. ..... a letters patent appeal which was allowed and it was held that the respondents were entitled to have the whole question referred to this court under section 57 of the stamp act. ..... be paid to the lessor on the date of occupancy, as advanced rental for the first 36 months from the date of occupancy at the rate above mentioned, namely rs. ..... 25,500/- was nothing but an advance rent for a period of first 36 months and consequently it was not a case of granting of lease for money advanced in addition to ..... the question referred for decision is as to the propel stamp duty payable on the instrument of lease dated the 27th july, 1954, ..... our answer to the reference would be that the document of lease was properly stamped and article 35 (c) was not applicable. ..... however, felt that the document was not properly stamped and, therefore, impounded the same and forwarded it to the collector of stamps for necessary action. ..... appeal before the chief controlling revenue authority, delhi, who took the view that the document had been executed for an advance in addition to the rent reserved and was liable to stamp duty under clause (c) of article 35. .....

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