Judgment Search Results Home > Cases Phrase: indian stamp act 1899 section 49 allowance for spoiled stamps Court: supreme court of india Page 25 of about 249 results (0.323 seconds)

The New Bus Stand Shop Owners Assn. Vs. Corporation of Kozhikode and a ...

Court : Supreme Court of India

Reported in : JT2009(13)SC164; (2009)8MLJ1175(SC); 2009(13)SCALE510; (2009)10SCC455; 2009(9)LC4392(SC); 2009AIRSCW7580

..... section 2(1) of the kerala stamp act is thus set out below:section 2(1) 'lease' means a lease of immovable property, and includes also-(i) marayapattom;(ii) kanapattom;(iii) an agreement or other undertaking in writing not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for immovable property;(iv) an agreement or other undertaking in writing, executed by the renters of abkari and ..... was also urged even if the said agreement does not create a lease under section 105 of the transfer of property act, it will be covered within the definition of 'lease' under the kerala stamp act, 1959 and reliance was placed on section 2(1)(iii) of the said act.8. ..... the aforesaid terms and conditions of licence, if we try to ascertain whether the agreement between the appellant-association and the corporation is a lease or licence within the meaning of lease as defined under section 2(1) of the kerala stamp act, we have to consider the definition of lease under section 2(1). ..... stipulates that while issuing shop rooms in shopping complexes owned by local self government institutions, an agreement is to be executed in stamp appear worth 2.5% of the total value of annual license fee which was subsequently enhanced to 5% through an amendment to the kerala stamp act through the kerala finance bill, 1996 which came into force w.e.f. ..... judge referred to section 105 of the transfer of property act and then compared it with section 52 of the indian easements act. ..... is, therefore, allowed. .....

The Keshav Mills Co. Ltd. Vs. Commissioner of Income-tax, Bombay North

Court : Supreme Court of India

Reported in : AIR1965SC1636; [1965]56ITR365(SC); [1965]2SCR908

..... father of the said properties could not be effected without a written instrument the question of law formulated for the decision of the high court was : 'in all the circumstances of the case, having regard to the personal law governing the assessee and the requirements of the transfer of property act (iv of 1882) and the stamp act (ii of 1899), has the deed of partnership dated february 12, 1933, brought into existence a genuine firm entitled to registration under the provisions of section 26-a of the act ? ..... opportunity is, however, given for additional evidence by section 31(2) and rule 29; but if further evidence is allowed to be taken under the directions of the high court under section 66(4), it is likely that the tax proceedings may be prolonged interminably, and that could not be the object of the act as it is evidenced by the relevant provisions to which we have already referred. ..... by its judgment and order delivered on the 14th/15th september, 1949, in relation to items (i) and (ii) the high court held that the two sums in question were not debts due from the british indian merchants but sale proceeds of the goods sold by the appellant to merchants in british india and that such sale proceeds were received by the appellant in british india. ..... after considering the said material, the privy council allowed the appeal preferred by the trustees, because in its opinion the second question framed for the decision of the high court had to be answered in favour of the assessee. .....

Ram Phal Kundu Vs. Kamal Sharma

Court : Supreme Court of India

Reported in : AIR2004SC1657; 2004(2)SCALE49; (2004)2SCC759

..... this appeal under section 116a of the representation of the people act, 1951 (hereinafter referred to as 'the act') has been preferred by the returned candidate ram phal kundu against the judgment and order dated 8.5.2003 of high court of punjab and haryana by which the election petition preferred by kamal sharma was allowed and the election of the appellant from 50- safidon assembly constituency to the haryana vidhan sabha was set aside and a direction was ..... is no dispute that shri motilal vora, general secretary of the congress party had sent a communication in form a that shri bhupinder singh hooda had been authorised by the indian national congress to intimate the names of the candidates proposed to be set up by the party at the election and the said document ex.pw2/m is on the record. ..... the appellant ram phal kundu filed his nomination paper as a candidate of indian national lok dal party (hereinafter referred to as 'lok dal party') ..... respondent kamal sharma and bachan singh, both filed their nomination papers claiming to be candidates of indian national congress party (hereinafter referred to as 'congress party'). ..... on the last date for making nominations; and(e) forms a and b are signed, in ink only, by the said office bearer or person authorised by the party: provided that no facsimile signature or signature by means of rubber stamp, etc. ..... kumar : [1999]1scr470 , on the aforementioned issue as to who should be treated as the official candidate of the indian national congress. .....

Shri Dharamvir and M.L. Sarwan Vs. Amar Singh and Others

Court : Supreme Court of India

Reported in : AIR1996SC2314; JT1996(2)SC10; 1996(1)SCALE697; (1996)3SCC158; [1996]2SCR156

..... agents started creating terror and brow -beating and threatening with physical injuries, the counting agents of other candidates, that the ballot papers of the fourth respondent were spoiled by putting unauthorised rubber stamp, (a replica of the rubber stamp authorised by the election commission of india for marking the ballot papers), marks were cast on the ballot papers, which were in favour of the fourth respondent to invalidate the votes, that at least 10 to 15 votes of each ..... in the case, more particularly by the evidence afforded by the responsible officers and contemporaneous documents, (ii) sections 123(2) and 123(7) read with sections 100(1) and 135-a(d) amply bring out the various corrupt practices indulged in by the appellant and his henchmen and the high court was justified in holding so, and (iii) it is true that in view of section 8-a of the act (enacted by act 40 of 1975 with effect from 6.8.1975), that the question regarding determination of disqualification is left ..... mann that there were scuffle in the morning between the counting agents of bansi lal and others and the counting agents were not allowed entry into the counting hall and with reference to the information conveyed to the chief election commissioner by mr. ..... 2 in the election petition shri bansi lal (indian national congress) and respondents 3 to 15 in the election petition - independent candidates, who contested the ..... in the election petition) shri bansi lal (indian national congress) as elected. .....

Phul Singh Vs. State of Haryana

Court : Supreme Court of India

Reported in : AIR1980SC249; 1980CriLJ8; (1979)4SCC413; [1980]1SCR589

..... we hope, at this belated hour, the central government will defend indian womanhood by stamping out voluptuous meat markets by merciless criminal action: isolated prosecutions and annual suppression rhetoric will stultify the law where the vice is widespread and the larger felons are often let ..... this reflection apart, we must, as part of the sentencing package, design a curative course for this prisoner to rid him of his aphrodisiac overflow and restore him into safe citizenship. ..... the broad facts bearing on the instant act of carnal assault look too probable for pettifogging legalistics about poor corroboration, consent and false implication to devalue their ..... within limits of the prison act and rules thereunder, the state government or the inspector general of prisons, will ensure that on parole, furlough or orders, the young appellant turns a new leaf of normal ..... so, the incriminating company of lifers and others for long may be counter-productive, and in this perspective, we blend deterrence with correction and reduce the sentence to rigorous imprisonment for two years. ..... our conditions of escalating sex brutality a four-year term for rape is not excessive. ..... for sentencing efficacy in cases of lust-loaded criminality cannot be simplistically assumed by award of long incarceration, for often that remedy aggravates the ..... for these reasons, in this case, we deem it desirable to superadd to the sentence of imprisonment a few directives to ensure that the carceral period reforms the convict .....

C.B.i. Vs. Pradeep Bhalchandra Sawant and anr.

Court : Supreme Court of India

Reported in : 105(2008)CLT137(SC); 2007CriLJ4708; [2008(2)JCR121(SC)]; JT2007(10)SC527; 2007(10)SCALE69

..... 135 of 2002 initially registered at bund garden police station, pune for different offences under the indian penal code as well as under sections 3 and 24 read with section 2(1)(a)(d) of the maharashtra control of organised crime act ('mcoca') read with sections7 and 13(1)(d) of the prevention of corruption act. ..... there may be some substance in his argument that the high court has not properly understood the content of section 3(2) and 3(3) of mcoca and it was in error in thinking that deliberate inaction or studied negligence on the part of a responsible police officer could not amount to abetting or knowingly facilitating the commission of an organised ..... learned counsel for the respondent, on the other hand, submitted that the alleged acts of commission and omission of the respondent did not attract section 3 of mcoca and at best even if the case is brought under section 24 of mcoca, the punishment could extend only to three years and on the materials available, the high court was justified in granting bail to the ..... the charges included the charge that the respondent had conspired to commit, to abet, to knowingly facilitate the commission of an organised crime, namely, the printing and sale of fake stamp papers and thereby was guilty of offences under the mcoca, which carried a minimum punishment of imprisonment for five years but which could extend to life. ..... the respondent was arrested in connection with criminal cases registered in what has come to be known as the 'stamp scam'. .....

U. Sree. Vs. U. Srinivas

Court : Supreme Court of India

..... the learned family judge jointly tried both the cases and, on the basis of the evidence brought on record, dismissed the application for restitution of conjugal rights preferred by the wife and allowed the petition of the husband for dissolution of marriage and held that the child would remain in the custody of the mother on the principle that welfare of the child is ..... contrary to the evidence on record and, in fact, it was the case that the husband had left the wife in the lurch at her parental home and did not think for a moment to bring her back; that the allegation with regard to the interruption in the music learning sessions and her dislike of her husband had been deliberately stated to make ..... (a) of section 65 of the indian evidence act, secondary evidence may be given of the existence, condition or contents of a document when the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such ..... aforesaid principles, we have no trace of doubt that the finding returned by the family judge which has been given the stamp of approval by the high court relating to mental cruelty cannot be said to be in ignorance of material evidence or exclusion ..... the circumstances, the high court gave the stamp of approval to the common judgment and decree .....

Collector of Madras and anr. Vs. K. Rajamanickam

Court : Supreme Court of India

Reported in : (1995)IILLJ677SC; 1995(1)SCALE237; (1995)2SCC98; [1995]1SCR243; 1995(1)LC542(SC)

..... the appeal is accordingly allowed. ..... he claims to have made an application for correction of the date of birth on 17.4.1986 which was ultimately rejected in the proceedings of the collector dated 75.1.93. ..... the tribunal, by its order dated 23.1.1.93, while holding that his correct date of birth is 12.1.93, directed the appellant to continue the respondent in service for a period of one, year. ..... for the period for which he had continued, there shall be a direction not to recover any amount paid to him during that period. ..... therefore, for seven months the respondent had continued in office. ..... the meat of the matter is that the respondent had attained superanuation on 31.1.94 even on his own date of birth as contended for. .....

Subhash Sharma and ors. and Firdauz Taleyarkhan Vs. Union of India (Uo ...

Court : Supreme Court of India

Reported in : AIR1991SC631; JT1990(4)SC245; 1990(2)SCALE836; 1991Supp(1)SCC574; [1990]Supp2SCR433; (1991)2UPLBEC826

..... and reasons of this bill, it has been stated:the government of india have in the recent past announced their intention to set up a high level judicial commission, to be called the national judicial commission for the appointment of judges of the supreme court and of the high courts and the transfer of judges of the high courts so as to obviate the criticisms of arbitrariness on the part of the executive in ..... against some of the most potent weapons which a democracy has at its command: he receives almost complete protection against criticism; he is given civil and criminal immunity for acts committed in the discharge of his duties; he cannot be removed from office for any ordinary offence, but only of misbehaviour of a flagrant kind, and he can never be removed simply because his decisions happen to be disliked by the cabinet, ..... amongst large sections of indian masses, they manifest such rare intuitive political acumen, insight and sagacity which has sustained the democratic spirit that there is no justification for any cynical ..... of the state, would be at liberty to take such decision as it may think fit in the matter of appointments, is an over-simplification of a sensitive and subtle constitutional sentence and, if allowed foul play, would be subversive of the doctrine of judicial independence. ..... the sanctioned strength was determined it was the obligation of the union of india to maintain the sanctioned strength in the superior courts and these cases were allowed to proceed.3. mr. .....

Gurudeo Prasad Gupta Vs. State of Bihar

Court : Supreme Court of India

Reported in : 2004(9)SCALE36; (2004)6SCC28

..... sole appellant was convicted by the trial court under section 7(1)(a)(ii) of the essential commodities act, 1955 (hereinafter referred to as the act) and sentenced to undergo rigorous imprisonment for a period of three months which is the minimum sentence ..... section 7(1)(a)(i) of the act lays down that if any person contravenes any order made under section 3 he shall be punishable in case of an order made with reference to clause (h) or clause (i) of sub-section (2) of that section with imprisonment for a term which may extend ..... of the view that the conviction of the appellant under section 7(1)(a)(ii) was wholly unwarranted rather as a matter of fact the appellant should have been convicted under section 7(1)(a)(i) of the act whereunder no minimum sentence has been prescribed. ..... the appeal is allowed in part, the conviction and sentence of the appellant under section 7(1)(a)(ii) are set aside and he is convicted under section 7(1)(a)(i) and awarded sentence for the period already ..... juncture, learned counsel appearing on behalf of the appellant submitted that the appellant has remained in custody for a period of about two weeks, as such the sentence should be reduced to the period already ..... on behalf of the appellant, at the outset, submitted that the high court was not justified in confirming the conviction of the appellant under section 7(1)(a)(ii) of the act as on the facts alleged and proved, the only offence disclosed against the appellant was under section 7(1)(a)(i) of the act. .....