Court : Kolkata
Reported in : 2005(4)CHN541
..... it may be pointed out here that section 49 of the indian stamp act, 1899 has provided for making allowances for spoiled stamps. ..... it has been provided in the said section that the collector may, on application made with the period prescribed in section 50, and if he is satisfied as to the facts, he can make allowance for impressed stamps spoiled in the cases mentioned in the said section. ..... the registering authority, by not returning the said document along with the stamp already affixed with it, has practically denied this opportunity to the petitioner which has been provided in section 49 of the indian stamp act. ..... but, it cannot be denied that if the said deed, along with the spoiled stamps, is returned to the petitioner, then he will be at liberty to pray before the collector for making allowance for the said spoiled stamps. ..... both of them conceded that there is no specific provision either in the registration act or in the indian stamp act regarding the return of the document in question under the circumstances of the present case. ..... whether the petitioner can take advantage of the said section for getting allowances in respect of the spoiled stamps, is a different question. .....
Tag this Judgment!Court : Kolkata
Reported in : 7Ind.Cas.94
..... reference has been made to section 52 of the indian stamp act of 1899, which provides that when any person has inadvertently used for an instrument chargeable with duty a stamp of a description other than that prescribed for such instrument by the rules made under this act, the collector may cancel and allow as spoiled the stamp so misused. ..... that case arose upon the construction of section 37 of the indian stamp act, 1899, but the same principle is, in our opinion, applicable to the construction of section 52. ..... the contingency which has happened was not contemplated by the framers of the civil procedure code or of the indian stamp act, and although our attention has been drawn to various sections of the latter act amongst which we may mention sections 29, 33, 35, 37 and 40, they are of no assistance to either party, in our opinion, this is a matter in which we are not constrained by any statutory provisions to adopt the first alternative put forward by the petitioner. ..... 100 in order that the decree might be drawn up thereon in accordance with article 45 of the first schedule to the indian stamp act of 1899. ..... section 52, in our opinion, does not cover a case in which a court-fee stamp has been erroneously used where a non-judicial stamp ought to have been used under the provisions of the indian stamp act. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN178
..... was marked as 'exhibit-1' dispensing with formal evidence, even if, it is not properly stamped, section 36 of the indian stamp act, 1899 became effective, which is a statutory mandate. ..... point, the court need not to detain itself as there is a statutory embargo under section 36 of the indian stamp act, 1899 providing, inter alia, that once the instrument is admitted in evidence, save and except, as provided under section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped. ..... such state of affairs, even if, the document is not properly stamped, section 36 of the indian stamp act has its effect and such position cannot be changed. ..... has dealt with the matter in details in the case of javer chand (supra) and held that even if erroneously any document is admitted in evidence, section 36 of the indian stamp act has its applicability and it cannot be reopened further.6. ..... , learned trial court refused to recall the order dated 17th february, 2003, as per prayer of defendant-petitioner thereto for impounding the agreement, which was exhibited and marked dispensing with formal proof of document.3. ..... under article 227 of the constitution of india, only question has been raised that once any document is admitted in evidence and marked as 'exhibit', subsequently such order whether could be recalled for impounding the instrument in absence of the payment of proper stamp-duty. ..... learned advocates appearing for the parties.2 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal528,[1962]32CompCas568(Cal)
..... in case a company fails to cancel the share transfer stamps as provided in this rule the company shall be liable to the penalty prescribed by section 63 of the indian stamp act, 1899 : provided that for the purpose of cancelling 'share transfer' stamps, the provincial government may, on being satisfied by a certificate from the collector or the superintendent ofstamps, permit any joint stock company to adopt any other method in lieu of perforation by means ..... stamps affixed to deeds of transfer of shares shall, before effect is given to the transfer by the joint stock company concerned, be cancelled by the company by means of a punch which can perforate either the word 'cancelled' or an abbreviation thereof, namely, 'cancld' or 'canceled' or the initials of the company, in sufficient prominence to render the stamps permanently unfit for re-utilisation even though the stamps were previously cancelled in accordance with section 12 of the indian stamp act, 1899. ..... --18th july, 1941,--in exercise of the powers conferred by section 75 of the indian stamp act, 1899 (ii of 1899), read with the government of india, finance department (central revenues ..... lays down 'even though the stamps were previously cancelled in accordance with section 12 of the indian stamp act, 1899'. ..... it can be said to have been affixed in accordance with law it must be cancelled either by the person who affixes it or by the person who executes the instrument, if it bears an adhesive stamp (section 12 indian stamp act). .....
Tag this Judgment!Court : Kolkata
Reported in : 126Ind.Cas.135
..... this is a reference made by the board of revenue, bengal, under section 57 of the indian stamp act, 1899. ..... the reference is for the opinion of the court as to whether a certain type of document represented by a blank form attached to the statement of the case drawn up by the board of revenue should be stamped with duty payable under article 47-a (1) (ii) of schedule i to the indian stamp act or with duty under article 62 (c) of the said schedule or with some other and what duty. ..... accordingly, this marine insurance association appears to have entered into correspondence with the government of bengal representing that these certificates, to give them a neutral same, ought to be subjected to duty under the indian stamp act before they are allowed to operate in india, this question as been discussed in the correspondence between the association and the government of india, finance department (central revenues) as well as the government of bengal. ..... it is not within the purview of section 57 of the indian stamp act at all hat section does not provide a means by which the authorities concerned in collecting stamp duty can get advice from the court by laying a case before it for the decision a general question. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal654,66CWN483
..... instrument was impounded by the collector and the collector acting under section 40(1)(b) of the indian stamp act collected the amount of the proper duty leviable upon the instrument on the basis that it was an assignment on september 3, 1958 the collector endorsed a certificate on the instrument stating that the proper amount of stamp duty leviable upon the instrument had been levied under section 40(1)(b) of the indian stamp act and that the deficient stamp duty had been recovered from the plaintiff. ..... contended that the collector had no power to act under section 40 of the indian stamp act he argued that the instrument was an acknowledgment within the meaning of article 1, schedule i of the indian stamp act chargeable with stamp duty of one anna and that consequently the collector had no power to act under section 40 of the indian stamp act. ..... in view of section 42 of the indian stamp act, the instrument bearing this certificate is admissible in ..... not amount to a acknowledgment within the meaning of article (sic) schedule i of the indian stamp act. ..... this debt was an actionable claim and in view of section 130 of the transfer of property act could be assigned by the creditor by an instrument in writing signed by the ..... is, therefore, a good and sufficient transfer of the actionable claim in writing as required by section 130 of the transfer of property act.4. ..... appeal is allowed. ..... much reliance was placed by learned counsel for the respondent on the decision in kisen gopal bogree v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal551
..... anath chandra, ilr (1951) 1 cal 665, that 3 deed of gift of property to a hindu deity was a non-testamentary disposition of property for a religious purpose and was therefore an instrument of settlement within the meaning of article 58 of schedule i read with section 2(24) of the indian stamp act and could be stamped as such; that article 33 of schedule 1 applies to an instrument of gift not being a settlement and that as an instrument of gift to the deity answers the description of an instrument of settlement, ..... of property to a hindu deity is not an instrument of settlement within the meaning of article 53 of schedule i read with section 2(24) of the indian stamp act, but an instrument of gift not being a settlement within the meaning of article 33 of schedule i of the indian stamp act and must be stamped as such. ..... the question whether a deed of gift of property to a hindu deity is an instrument of settlement or an instrument of gift not being a settlement for the purposes of the indian stamp act does not arise in this case; nevertheless these two decisions establish that a gift of property to a deity may satisfy the test of a gift ..... the west bengal estates acquisition act, 1953 provided by section 5 for the vesting of all estates and of rights of intermediaries therein in the state as from the date of the notification under section 4 and at the same time, by section 6 permitted the intermediaries to retain agricultural and non-agricultural lands in their khas possession up .....
Tag this Judgment!Court : Kolkata
Reported in : [1988]64CompCas775(Cal)
..... mukherjee for the reason that under section 35 of the indian stamp act, 1899, the instrument not duly stamped cannot be admitted in evidence and to make such instrument admissible in evidence, the instrument is required to be impounded in accordance with the provisions contained in chapter iv of the indian stamp act, 1899 ..... sen that in the present case, admittedly, the transfer deeds which were submitted by the respondent to the appellant-company for effecting and recording transfer of shares in the share register of the company were not duly stamped in the sense that the (adhesive) stamps as affixed on each of the said transfer deeds were not duly cancelled by the respondent as required by section 12 of the indian stamp act, 1899,7 ..... . learned counsel also submits that the court has wide jurisdiction under section 155 of the companies act, 1956, to direct the company to allow the petitioner-respondent to cancel the stamps at the back of the transfer deed and direct the company to transfer the shares in the name of the respondent on the strength of the same transfer deed already delivered to the company within the aforesaid ..... it follows that in my view, this question should not be allowed to be canvassed by the company in the present application.'16 ..... . as stated above, the said application has been allowed by the court of the first instance.6. mr. ..... for the reasons aforesaid, this appeal is ..... the said judgment and order, the court of the first instance allowed the said application.2. .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(3)CHN607,[2006]130CompCas510(Cal),(2008)4CompLJ50(Cal),[2005]58SCL160(Cal)
..... mitra's submissions, sought to elaborate on the issue as to whether an order of court could be brought within the definition of 'conveyance' in sub-section (10) of section 2 of the indian stamp act or the explanation included by the west bengal amendment including the expression 'instrument' by way of and explanation to the definition of 'conveyance', or for that matter within the scope of sub-section (14) of section 2 of the indian stamp act which describes an instrument to include every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded.23. mr. ..... mukherjee submitted that it was in such circumstances that the supreme court had held that the decision of the full bench could not be taken to be an authority for the proposition that where immovable property is, in fact, transferred under a consent decree, the same could be said to amount to 'conveyance' within the meaning of the indian stamp act, 1899.27. mr. ..... in each of these three appeals, applications were made by the appellants for grant of sanction to schemes of arrangement and/or amalgamation and, although, the same have been allowed and sanction has been granted, such sanction is naturally subject to the order relating to assessment of stamp-duty in terms of the order passed in the application of gemini silk limited.6. .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)3CALLT353(HC)
..... bearing an adhesive stamp but not cancelled in the manner as contemplated in the indian stamp act, 1899, cannot be said to be an instrument 'duly stamped'.section 108 of the companies act, 1956, provides that the company shall not register unless it proper instrument of transfer duly stamped and executed by an on behalf of the transferee has been delivered to the company....it is provided by section 12 of the indian stamp act that an adhesive stamp must be cancelled at the time of affixation of the stamp and also at ..... open to the company law board, in exercise of its wide power under sections 397 and 398 of the companies act, 1956, to waive the requirement for earlier verification of the assets and liabilities of the company as on the ..... not and whether the court had power to frame an article inconsistent with the provisions of section 255 of the act or not must in the ultimate analysis depend upon the true ambit of the powers of the court under section 397 and 398 read with section 402, for, if these sections, confer upon the court jurisdiction and powers of the widest amplitude to pass appropriate orders which ..... official gazette, declare that no person in the state or area specified in the notification, shall, save with tile permission of the central government, enter into any contract for the sale or purchase of any security specified in the notification except to the extent and in the manger, if any, specified therein, (2) all contracts in contravention of the provision of sub .....
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