Judgment Search Results Home > Cases Phrase: indian stamp act 1899 section 49 allowance for spoiled stamps Court: supreme court of india Page 24 of about 249 results (0.296 seconds)

Payal Vision Ltd. Vs. Radhika Choudhary

Court : Supreme Court of India

..... , when had occasion to examine the contention based on the words at the beginning of the tenancy in section 116 of the evidence act, pronounced that they do not give a ground for a person already in possession of land becoming tenant of another, to contend that there is no estoppel against his denying his subsequent lessor's title. ..... the plaintiffs case in para 6 of the plaint was that a notice was served upon the tenant under section 106 of the transfer of property act pointing out that the defendant- tenant had made substantial structural changes in the premises and had not complied with the terms of the lease agreement. ..... had no doubt disputed the title of plaintiff-appellant and alleged that the land underlying the super structure had vested in the gram sabha but any such contention was not available to her in view of section 116 of the indian evidence act, 1872 that estopped a tenant from denying the title of the landlord. ..... the application filed by the plaintiff-appellant under order xii rule 6 of the cpc was accordingly allowed and the suit filed by the plaintiff to the extent it prayed for possession of the suit property decreed in its favour.3. ..... in the plaint and the written statement to buttress his submission that the existence of the tenancy was unequivocally admitted, no matter the defendant-tenant had questioned the validity of the lease deed in her favour for want of stamp duty and registration as required under law. .....

Bhaiya Ramanuj Pratap Deo Vs. Lalu Maheshanuj Pratap Deo and ors.

Court : Supreme Court of India

Reported in : AIR1981SC1937; (1981)4SCC613; [1982]1SCR417

..... according to the appellant the khorposh deed was void for two reasons: firstly because there was no sanction of the commissioner for the deed as contemplated by section 12a of the chota nagpur encumbered estates act, 1876; secondly because the deed was neither stamped nor registered, in order to appreciate the first reason it is pertinent to read section 12a insofar as it is material for the purpose of the case: 12 a (1) when the possession and enjoyment of property is ..... he, however, held that the grant of khorposh by rudra pratap deo after the release of the estate from the management of the chota nagpur encumbered estates act was void under section 12a of the act as the khorposh grant was not made with the sanction of the commissioner and also because the possession of the ex-proprietor with respect to the bakasht land became that of ..... undaunted, the plaintiffs preferred a second appeal in the high court which was partly allowed inasmuch as the high court found that the heirs of rudra pratap were entitled to get a decree for possession of the suit land jointly with the sole defendant as also for mesne profits for their share, that is, one-half in addition to the entire mesne profits to which ..... argument is based on section 17 read with section 49 of the indian registration act. ..... (maintenance) deed is a document which requires registration within the meaning of section 17 of the indian registration act and as the document was not registered it cannot be received as evidence .....

T.G. Ashok Kumar. Vs. Govindammal and anr.

Court : Supreme Court of India

..... government, of any suit or proceeding which is not collusive and in which any right to immoveable property is directly and specifically in question, if a notice of the pendency of such suit or proceeding is registered under section 18 of the indian registration act, 1908, the property after the notice is so registered cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree ..... and that there was no collusion between first and second respondents; and that the appellant having purchased the suit property under sale dated 11.4.1990 during the pendency of the suit for partition (os no.8/1985) filed by the first respondent against the second respondent, the sale in his favour was hit by the doctrine of lis pendens and that therefore the ..... by the high court by the impugned judgment dated 1.9.2009 by holding that appellant was a pendente lite purchaser, attracting the doctrine of lis pendens under section 52 of transfer of property act, 1882 (`act' for short) and therefore the courts below were justified in ignoring the purchase by appellant. ..... malaise, is always better than allowing a malaise to develop and ..... that will go a long way to discourage generation and circulation of black money in real estate matters, as also undervaluation of documents for purposes of stamp duty. ..... we accordingly allow this appeal in part and set aside that part of the judgment of the high court holding that the .....

Joseph M. Puthussery. Vs. T.S. John and ors.

Court : Supreme Court of India

..... the high court's understanding of law that the appellant would be liable for penalty under section 99 of the act for the acts of his agents without the conviction of such agents is completely erroneous in law. ..... 106, kallooppara constituency is declared void on the ground that he was guilty of the corrupt practice within the meaning of section 123(4) of the act as he extensively distributed directly and through udf workers, who did so with his consent, the copies of ext. ..... if such an approach were permitted, section 123(4) of the act can be violated with impunity if some yellow journalist publishes unfounded allegations and the offender-facing proceedings for defamation or for corrupt practice under section 123(4) of the act, repeats the allegation with impunity and claims immunity from consequences of his conduct. ..... there is no manner of doubt that making of an order under section 98 against the appellant, who is returned candidate, without complying with the requirements of section 99 when the corrupt practice against the appellant is held to be proved vicariously for the act of another person, by itself vitiates the impugned judgment. ..... the standard of proof, spoken of by the learned judge, neither gets recognition/stamp of authority either from the provisions of the indian evidence act or from any other statute or from judicial precedents. ..... in view of the above mentioned conclusions, learned single judge has allowed the election petition filed by the respondent no. .....

Indian Administrative Service (S.C.S.) Association, U.P. and ors.;niro ...

Court : Supreme Court of India

Reported in : 1992(3)SCALE126; 1993Supp(1)SCC730; [1992]Supp2SCR389

..... after receiving suggestions or comments from state governments, the central india exercising the power under sub-section (1) of section 3 of all india service act, 1951 for short, 'the act' amended the new seniority rules, 1987 which amendment was published in the gazette of india on february 3,1989 for short the 'first amendment rules'. ..... it was held that the word 'consultation' did not envisage mandatory character for consultation, but the constitution markers allowed the discretion to the appointing authority to consult the public service commission. ..... this court hold that the revision of tariff was a question of policy under section 78a of the indian electricity supply act. ..... the proviso aims that the state service senior officer, though had varied length of services, but because of late promotion to indian administrative service, would receive and forego proportionate weightage of past service for a short period till the rules fully become; operational. ..... proposed to amend the indian administrative service (regulation of seniority) rules, 1954, for short 'the seniority rules'. ..... rule 3 of the seniority rules, 1954 postulated assignment of the year of allotment as per the rules to every officer appointed to the indian administrative service, be it a direct recruit or a promotee officer. ..... recommended, after due consideration, to evolve equitable principles of comparable seniority from different states for promotion to indian administrative service. .....

State Through C.B.i. Vs. Dawood Ibrahim Kaskar and Others

Court : Supreme Court of India

Reported in : AIR1997SC2494; 1997(2)ALD(Cri)163; 1997(1)ALT(Cri)826; 1997(2)BLJR1296; 1997CriLJ2989; 1997(2)Crimes92(SC); JT1997(5)SC651; 1997(2)KLT255(SC); RLW1997(2)SC320; 1997(4)SCALE

..... if with the order of a magistrate the police starts investigation into a non-cognizable and non-bailable offence, (like sections 466 or 467 (part i) of the indian penal code) and if during investigation the investigating officer intends to arrest the person accused of the offence he has to seek for and obtain a warrant of arrest from the magistrate. ..... down that if upon a report in writing made by a police officer or an officer referred to in sub-section (1) of section 7, any designated court has reason to believe that any person, who has committed an offence punishable under the act or any rule made thereunder, has absconded or is concealing himself so that he may not be apprehended, such court may, notwithstanding anything contained in section 82 of the code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less ..... the prayer was allowed and the designated court remanded him to police custody, but kept the order in abeyance for a few days to enable mansuri to challenge the same in a superior court. ..... on the conclusions as above we allow these appeals, set aside the impugned order and direct the designated court to dispose of the three miscellaneous applications filed by c.b.i. ..... the prayer was allowed and in due course mansuri was brought to bombay and handed over to dcp. .....

Government of Uttar Pradesh and ors. Vs. Raja Mohammad Amir Ahmad Khan

Court : Supreme Court of India

Reported in : AIR1961SC787; [1962]1SCR97

..... court was also of the opinion that the object of paying the whole stamp duty was to get the instrument admitted into evidence or its being acted upon or registered or authenticated as provided in sections 32(3), 35, 38(1) and 48(1) of the stamp act.6. ..... of this appeal depends upon the interpretation of sections 31, 32 and 33 of the stamp act. ..... chapter iv of the act which deals with instruments not duly stamped and which contains sections 33 to 48, provides for impounding of documents, how the impounded documents are to be dealt with, collector's powers to stamp instruments impounded and how the duties and penalties are to ..... counsel for the state referred to the various sections of the act; first to the definition section; section 2(11) which defines what is 'duly stamped'; ..... 32 of the stamp act but was merely brought before the collector for seeking his advise as to what the proper duty ..... held :- 'with all respect, therefore, we agree that the learned judges deciding chuni lal burman's : air1951all851 case took a correct view of the words 'is produced or comes in the performance of his functions' used in section 33 of the act to mean 'that production of the instrument concerned in evidence or for the purpose of placing reliance upon it by one party or the other.' 5. ..... of the stamp act was incompetent ..... the stamp act. ..... the stamp act. ..... on behalf of the state (appellant) was that if an instrument whether stamped or not is submitted for the opinion of the collector before it is executed, i.e. .....

Commissioner of Income-tax, Madras Vs. Andhra Chamber of Commerce

Court : Supreme Court of India

Reported in : AIR1965SC1281; [1965]55ITR722(SC); [1965]1SCR565

..... the income of the association was treated by the commissioner of income-tax act as not exempt under section 4(3)(i) of the indian income-tax act inasmuch as (i) the dominant purpose of the association was political, (ii) even assuming it was not political, the dominant purpose was not in any event a valid charitable purpose in law, ..... had no statutory authority and was not precisely followed in the most material particulars; the words of the section being 'for the advancement of any other object of general public utility' and not as lord macnaghten said 'other purpose ..... at the instance of the assessee the tribunal referred the following questions to the high court : '(1) whether the aforesaid income from property owned by the assessee is exempt under section 4(3)(i) for the aforesaid six years of assessment (2) if the answer to the above question is in the negative, whether the activities of the assessee amount to a trade or business, the profit or loss ..... never been added to or varied by any of the supplemental charters : it followed, therefore, that the institution was established for charitable purposes only, notwithstanding that it is of advantage to a civil engineer in his profession to be a member of the institution, this result not being a purpose for which the institution was established, but being incidental to and consequent upon the way in which the institution carries out the ..... under the stamp act of 1891, and it was contended that the trust being charitable, stamp duty at .....

Kashinathsa Yamosa Kabadi, Etc. Vs. Narsingsa Bhaskarsa Kabadi, Etc.

Court : Supreme Court of India

Reported in : AIR1961SC1077; (1961)63BOMLR659; [1961]3SCR792

..... august 17, 1946, the disputes were referred under a deed in writing to three persons - vithaldas devidas vajreshwari a merchant of betegiri, devindrasa tuljansa a common relation of the parties and parappa nagappa jagalur a clerk of the pleader acting for the family - (whom we will collectively refer as the panchas) with authority to determine what shares should be allotted to the different branches of the family and to determine the extra shares to be given do defendant no. ..... 111, it was held that sections 32 and 33 of the indian arbitration act, 1940, did not preclude a defendant from setting forth an award which had been fully performed by him but which was not filed in court under ..... to divide this amount, but he stated that he would be 'reduced to equality' with others when he had a large family and that he had made great efforts and that he should be given more property, otherwise he would not allow division of the 'unaccounted cash' and the other property. ..... 36, stamp act). ..... observed that the awards of the panchas were not binding because they were not properly stamped and those that affected immoveable properties were not registered. ..... records made by the panchas about the division of the properties, it is true, were not stamped nor were they registered. ..... and in the books of account were required by law to be stamped need not be decided. ..... it was intended to make a general division or award in respect of all the properties and with that end in view a stamp paper of the value of rs. .....

Smt. Har Devi Asnani. Vs. State of Rajasthan, and ors.

Court : Supreme Court of India

..... -(1) except as otherwise expressly provided by this code, every judgment referred to in section 353,-- (a) shall be written in the language of the court; (b) shall contain the point or points for determination, the decision thereon and the reasons for the decision; (c) shall specify the offence (if any) of which, and the section of the indian penal code (45 of 1860) or other law under which, the accused is convicted and the punishment to which he is sentenced;(d) if it be a judgment of acquittal, shall state the offence of which ..... , 1973 (act 2 of 1974) is unconstitutional on the ground that it invests the court with unguided and untrammelled discretion and allows death sentence to be arbitrarily or freakishly imposed on a person found guilty of murder or any other capital offence punishable under the indian penal code with death or, in the alternative, with imprisonment for life. 68. ..... bachan singh specifically noted the following on this point: 163...the present legislative policy discernible from section 235(2) read with section 354(3) is that in fixing the degree of punishment or making the choice of sentence for various offences, including one under section 302 of the penal code, the court should not confine its consideration `principally' or merely to the circumstances connected with the particular crime, but also give due consideration to the circumstances of the .....