Judgment Search Results Home > Cases Phrase: indian stamp act 1899 section 49 allowance for spoiled stamps Court: karnataka Page 1 of about 40 results (0.115 seconds)

Sri Ramakrishna theatre Vs. Chief Revenue Controlling Authority

Court : Karnataka

Reported in : AIR1962Kant266; AIR1962Mys266; ILR1962KAR396

..... 600/- under art 33 (a) of schedule 1-a of the indian stamp act as amended by the madras stamp act of 1922 was correct has submitted the following questions for the decision of the court under section 54 (1) of the mysore stamp act. ..... 40 sub-section (2) of the indian stamp act. ..... 57 follow the indian stamp act) has been made by the chief controlling revenue authority (commissioner of stamps in mysore) referring certain questions raised therein for the decision of this court under sec 54(2) of the act in the following circumstances: the manager director of sri ramakrishna theater, udipi, south kanara executed a document in favour of canara industrial and banking syndicate for a consideration of rs. ..... 57 of the indian stamp act) for our decision even after he has finally decided the appeal filed before him, no merits. ..... 57 of the indian stamp act) for our decision. ..... 58 of the transfer of property act, and (d) whether the stamp duty levied on the instrument in question held as mortgage deed under art, 33(a) of schedule 1-a of the indian stamp act is not in order and if so, the amount of stamp duty leviable on this document. ..... 300/- under art, 33 (b) of schedule 1-a, of the indian stamp act as amended by the madras stamp act of 1922. ..... 42 of the indian stamp act 1899, on 27-3-1952 as collector under the stamp act.thereafter, the executant preferred an appeal to the collector of south kanara against the order of the assistant registrar of joint stock companies and collector of stamps. .....

Muniyamma and Others Vs. Arathi Cine Enterprises Pvt. Ltd. and Others

Court : Karnataka

Reported in : [1993]77CompCas97(Kar); ILR1992KAR1262; 1992(2)KarLJ614

..... . in that decision also a division bench of the kerala high court has held that under section 12 of the indian stamp act, 1899, cancellation of the stamps has to be done either when the stamps are affixed or when the instrument is executed, that is, when the executant affixes his signature to the ..... [1984] 2 comp lj 270, it has been held (at page 272) : 'apart from the aforesaid issue of limitation, another basic issue for our consideration is that the stamps on share transfer deeds having not been cancelled, the share transfer deeds have to be taken as unstamped and not in accordance with section 108(1) of the companies act read with the provisions of the indian stamp act.' 41 ..... therefore, a petition under section 38 of the indian companies act, 1913, was filed in the high court of orissa and the same was allowed ..... 2 sold the shares relating to his group which included the shares held by the petitioners; that the second respondent received the consideration for the transfer of the shares of the petitioners; that the consideration amount pertaining to the shares held by each of the petitioners except petitioner no ..... . it was also pointed out that the rectification of the share register should be allowed if the name of the person after having been entered in the register was without sufficient cause omitted from ..... . they are accordingly allowed in the following terms : the order under appeal is set ..... 2 should not be allowed to take advantage of their own wrongs; that the evidence of m. .....

Dr. Usha Mohan Das Vs. the Divisional Commissioner, Bangalore Division ...

Court : Karnataka

Reported in : 2001(3)KarLJ463

..... the area who has been notified for the purpose of the provisions of the karnataka stamp act, 1957 has to examine the document with regard to the value of the property which is the subject-matter of 'conveyance' deed, after registration of the document by the registering authority under the provisions of the indian registration act, then only the second respondent can exercise his power under section 45-a(2) and (3) of the act of 1957. ..... matter, the appeal filed by the petitioner is not maintainable before the first respondent.the writ petition is allowed. ..... complied with the various aspects as provided under section 34 of the act, 1908 for registration of the document presented before the third respondent, the document can be registered and if he finds that the document is insufficiently stamped, after registration of document he can refer the document to the second respondent to conduct an enquiry as provided under section 45a of the karnataka stamp act, 1957 and rules thereunder for the purpose of finding out correct market value ..... of the property which is the subject-matter of the document presented for its registration and to further examine as to whether stamp duty paid on the document is sufficient or not.further, the second and third respondents are directed .....

Mrs. Devaki and anr. Vs. Mrs. Lingamma

Court : Karnataka

Reported in : ILR2002KAR2125; 2002(3)KarLJ77

..... the word 'settlement' as defined under section 2(24) of the indian stamp act and section 2(1)(q) of the karnataka stamp act is a non-testamentary disposition, in writing, of movable or immovable properties made in consideration of marriage, for the purpose of distributing property of the settlor among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him or for any religious or charitable purpose and includes an agreement in writing to make such a disposition and where any such disposition ..... the term 'settlement' is defined in sub-section (24) of section 2 of the indian stamp act, which means any non-testamentary disposition, in writing, of movable or immovable property made in consideration of marriage, for the purpose of distributing property of the settlor among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him or for any religious or charitable purpose and includes an agreement in writing to make such a disposition and, where, any such ..... the learned counsel for respondent while inviting my attention to section 2(24) of the indian stamp act and also to section 2(1)(q) has contended that the father of the plaintiff had settled the property for the purpose of providing for his wife and daughter who were depending on him and hence, the document in question is a settlement deed which clearly conveys the right, title and interest of the deceased sri .....

Doddabasappa Vs. Gurubasappa (Deceased) by L.Rs. and Others

Court : Karnataka

Reported in : AIR2001Kant149; 2001(4)KarLJ104

..... his argument for the respondent adopted the note on the words 'for any purpose' in section 35 contained in edition 4, of sir dinshah mulla's book on the indian stamp act, 1899. ..... noted, section 35, indian stamp act, enacts that no instrument chargeable with duty shall be admitted in evidence for any ..... direction against defendants 1, 2 and 4 to 10 to pay the stamp duty and penalty, as provided under section 34 of the indian stamp act, before its admission and recording of evidence.2. ..... to objections clearly indicated in the present case as well, that, court has not applied its mind, and has not determined the question of admissibility of document to attract section 35 of the karnataka stamp act which is analogous to section 36 of the indian stamp act. ..... learned trial judge that 'objection, allowed subject to objection',clearly indicates that when the objection was raised it was not judicially determined and the document was merely tentatively marked and in such a situation section 36 would not be attracted'. ..... petitioner further contended that document can be looked into for collateral purposes, even without payment of stamp duty.these contentions raised on behalf of the revision petitioner have hotly been contested.it had been contended that, jurisdiction of this court under section 115 of the civil procedure code is limited, and is confined to jurisdictional error, firstly and thereafter, to examine that if the order impugned is allowed to stand, is it going to cause any injustice .....

P.C. Sriramulu Vs. T.P. Sathyanarayan

Court : Karnataka

Reported in : ILR1992KAR2794

..... sd/-stamp stamp for vishnu auto finances (r)partners.for purposes of appreciating the contentions advanced by the petitioner, it would be relevant to refer to some of the provisions of the stamp act:section 72(1) of the karnataka stamp act, 1957 reads:'the indian stamp act, 1899 (central act ii of 1899) as in force in the madras area, shall, notwithstanding anything contained in any law, extend to the whole of the state of karnataka, and shall remain in force in so far as such act relates to the matter specified in entry 14 of list iii of the seventh schedule to the constitution in respect of documents specified ..... 'section 2(22) of the indian stamp act, 1899 reads:'promissory note' means a promissory note as defined by the negotiable instruments act, 1881(26 of 1881);it also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen;'section 35 of the indian stamp act, 1899 reads:'instruments not duly stamped inadmissible in evidence, etc. ..... section 2(22) of the indian stamp act accepts the definition of the promissory note in the negotiable instruments act. ..... if the promissory note is payable on demand the stamp duty payable is under article 49(a) schedule 1 to the indian stamp act and in the instant case stamps more than the requisite that is required is paid. .....

B. Thippeswamy Vs. Goramma

Court : Karnataka

Reported in : ILR2008KAR3716

..... . thus, though both section 34 of the stamp act (corresponding to section 35 of the indian stamp act) and section 49 of the registration act, both bar the document being received as evidence, the bar is absolute under stamp act (unless deficit duty and penalty is paid) and the bar is not absolute under registration act.therefore under section 34 of the karnataka stamp act there is a bar for a document being received in evidence and the same is absolute unless deficit duty and penalty ..... as already noted, section 35, indian stamp act, enacts that no instrument chargeable with duty shall be admitted in evidence for any purpose. ..... section 35 of the indian stamp act is similar to section 34 of the karnataka stamp ..... . their lordships see no reason why the words 'for any purpose' in the indian stamp act of 1879 should not be given their natural meaning ..... . parmanand , their lordships held that the words 'for any purpose' used in section 34 of the karnataka stamp act, 1957, had to be given their natural meaning and would include even a collateral purpose for which the party relying upon the document like the same to ..... . the following passage in this regard is apposite:the words 'for any purpose' in section 35, stamp act, should be given their natural meaning and effect and would include ..... . the privy council held that the words 'for any purpose' in section 35 of the stamp act should be given their natural meaning and effect and would include ..... of sir dinshah mulla's book on the indian stamp act, 1899 .....

Tukaram Ganu Pawar Vs. Chandra Atma Pawar

Court : Karnataka

..... the question of admissibility (with reference to section 34 of the karnataka stamp act, 1957 or section 35 of the indian stamp act, 1899 and section 49 of the registration act, 1908) will have to be decided by reading the document and deciding its nature and classification. ..... when the same was produced in the first instance and the court had called upon the party to pay duty and penalty, if the same was to be considered for purposes of arguments on an application for temporary injunction and it is in this light of the matter, the trial court had proceeded to interpret sections 33 and 34 of the karnataka stamp act, to hold that if the document is not duly stamped, the same cannot be looked into for any purpose including the consideration of an application ..... been delivered under the agreement, which is apparent from the document and the fact that the signatures on the document are not denied, the allegations that the same were obtained fraudulently, is a matter for trial and in terms of section 53-a of the transfer of property act, 1882, respondent's possession of the property cannot be disturbed at this point of time and the trial court has rightly granted the injunction to protect the same. .....

Smt. Malliga Paneer Selvam W/O Sri R. Paneer Selvam Vs. Sri Raja Sathy ...

Court : Karnataka

Reported in : ILR2007KAR2786; 2007(5)KarLJ222; 2007(3)KCCR1698; 2007(4)AIRKarR326; AIR2007NOC1816

..... for arguments in the suit on which date the appellant filed two applications, one for recalling of the order dated 17.2.2003 and another for sending the said documents to the collector for impounding thereof in terms of section 38 of the indian stamp act ..... section 34 of the karnataka stamp act, 1957 ('stamp act' for short) states that instruments not duly stamped ..... section 35 of the stamp act states that when an instrument is already admitted in evidence, such admission shall not ..... with an identical provision under the indian stamp act, 1899, the supreme court in the case of javer chand air 1961 sc 1655 has held that where a question as to the admissibility of a document is raised on the ground that it has not been stamped or has not been properly stamped, it has to be decided ..... the court below has observed as under:a reading of the above deposition sheet as well as the order sheet clearly goes to show that the plaintiff has raised his objection for marking ex.d1 before marking the document and that his objection is also noted while marking that document and it is subject to the said objection and subject to the order ..... less be obligatory upon the court to decide the objection.the court has further held as follows:the endorsement made by the trial judge that 'objected, allowed subject to objection', clearly indicates that when the objection was raised it was not judicially determined and the document was merely tentatively marked and in such a situation, section 36 would not be attracted. .....

Raghunath Balakrishna Deshpande Vs. Biharilal Krishnaprasad Dave

Court : Karnataka

Reported in : AIR1972Kant159; AIR1972Mys159

..... 'it is unnecessary to consider the contention urged by shri satya murthy that there is no scope for invoking section 6 of the indian stamp act.9. ..... '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 obliges ..... the 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. ..... he submitted 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. ..... next submitted that though the document in question is a promissory note as denned in section 2(22) of the indian stamp act, the same also answers the definition of the expression 'bond' given in section 2(6) of the said act. ..... as 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. .....