Judgment Search Results Home > Cases Phrase: indian stamp act 1899 section 72 place of trial Page 1 of about 742 results (0.158 seconds)

Sneh Farms and Agro Products Ltd. Vs. Pankaj Agrawal

Court : Madhya Pradesh

..... learned counsel for the petitioner has drawn attention of this court towards sections 33 and 35 of the indian stamp act, 1899 and he has also placed reliance upon the judgment delivered in the case of smt. ..... the petitioner has preferred an application under section 33 of the indian stamp act, 1899 stating therein that the document dated 15-4-2011 has not been properly stamped and, therefore, in the light of the statutory provisions as contained under section 33 of the indian stamp act, 1899, the same be impounded and sent to the collector of stamps for adjudication. ..... on the other hand, learned counsel for the respondent-plaintiff has argued before this court that by virtue of statutory provisions as contained under section 33 of the indian stamp act, 1899, the stamp duty is required to be paid only when a document is tendered in evidence. ..... the application preferred by the present petitioner under section 33 of the indian stamp act, 1899 stands allowed and the learned trial judge is directed to proceed further in accordance with law by impounding the documents and thereafter by sending it to the collector of stamps for adjudication. ..... the present writ petition is arising out of aforesaid order passed by the trial court dated 16-3-2012. 2. ..... the learned trial court after hearing the arguments on the application preferred by the defendants, has dismissed the application. ..... the trial court has dismissed the application by an order dated 16-3-2012. 6. .....

Bhismat Pandey Vs. Phoola and ors.

Court : Madhya Pradesh

Reported in : 2009(4)MPHT357

..... to appreciate the rival contention of the parties, it would be appropriate if the definition of bond in the indian stamp act, 1899 may be referred which reads thus:bond:section 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 himself to pay money to another; and(c) any instrument ..... the document was signed by both the parties and also attested by two witnesses, so it falls within the purview of 'bond' as defined under section 2(5) of the indian stamp act, 1899. ..... in view of aforesaid, it is directed that the trial court shall impound the document in question and shall send it to the collector, panna with a specific direction to him for dealing with the document as per section 40 of the indian stamp act, within a period of sixty days from the date of receipt of such document.15. ..... he has also placed reliance to a full bench judgment of this court in sant singh v. ..... he placed reliance to full bench judgment of delhi high court in the matter of hamdard dawakhana (wakf) delhi c. .....

Syed Yousuf Ali Vs. Mohd. Yousuf and Others

Court : Andhra Pradesh

..... of document as exhibit without applying mind, does not amount to admission of document in evidence and the revision petitioner is entitled to challenge the admissibility of the document at any time and section 36 of indian stamp act, 1899 is not applicable to the present facts of the case. ..... trial court in the present case, only on the ground that once the document is marked as exhibit, the same cannot be challenged in view of interdict contained under section 36 of indian stamp act ..... was tendered in evidence by the plaintiff while in witness box, objection has been raised by the defendants that the document was inadmissible in evidence as it was not only insufficiently stamped, but also for want of registration, it was obligatory upon the learned trial judge to apply his mind to the objection raised and decide the objection in accordance with law. ..... no doubt, the powers of the court under article 227 of the constitution are supervisory in nature and when the trial court did not exercise the jurisdiction which is conferred on it or where the trial court exercised its jurisdiction excessively or admitted inadmissible evidence or when the court exercised its jurisdiction illegally or with material irregularity this ..... the trial court, considering the objection based on memo, passed an order holding that when the document is received in evidence, marked as exhibit without any objection, the same cannot be agitated at the subsequent stage, placing reliance on judgments of this court in .....

Baliram @ Munna and ors. Vs. Rajesh Kumar Rai.

Court : Madhya Pradesh Jabalpur

..... the learned counsel appearing for the petitioners submitted that the trial court was empowered to impound the document and to collect duty and penalty as per section 33 read with section 35 of the indian stamp act,1899(herein after in short referred to 'the act') but after impounding the document the trial court ought to have sent the document to the collector concerned under section 38 of the act for necessary action but ought not to have permitted the plaintiff to prove the document ..... of the settled position by another division bench, there is no doubt that the trial court after impounding the document ought to have sent it to the collector, panna with a specific direction to him to deal with the document as per section 40 of the indian stamp act, but the trial court erred in directing for payment of stamp duty and 10 times penalty on the document. ..... of aforesaid, earlier part of order treating the document as bond is sustainable in law but latter part of the order directing payment of stamp duty and 10 times penalty on the document is hereby set aside and in place of this, it is directed that the trial court shall send the document to the collector, panna with a specific direction to him to deal with the document as per section 40 of the indian stamp act, within a period of sixty days from the date of receipt of such document."9. ..... in this regard, he has placed reliance to a division bench judgment of this court in bhismat ..... reliance is placed to a judgment of this court in raj .....

Bharat Mal @ Bharat Kumar vs.ram Avtar

Court : Delhi

..... it was also submitted on behalf of the respondent that in terms of section 35 of the indian stamp act,1899,the said general power of attorney not having been duly stamped was thus inadmissible in evidence and could not have been relied upon neither by the learned trial court nor by the first appellate court. ..... the donee in exercise of his power under such power of attorney only acts in place of the donor subject of course to the powers granted to him by reason thereof. ..... , the family settlement on which the appellant was rsa3092016 page 12 of 26 placing reliance and rather through his testimony and cross-examination stated that: pw-2 statement of shri ramji tal s/o shri heera lai r/o village maid, tehsil virat nagai; distt jaipur, rajasthaa (recalled for cross examination). ..... it was also submitted on behalf of the appellant whilst placing reliance on the verdict of the hon ble supreme court in suraj lamp and industries pvt. ..... air1976sc807to contend to similar effect whilst placing reliance on the observations in para 24 of the said verdict which read to the effect: this court has also clearly laid down that a family arrangement being binding on the parties to the arrangement clearly operates as an estoppel so as to ..... reliance in relation thereto was placed on behalf of the respondent on the verdict of the hon ble supreme court in swadesh ranjan sinha v. ..... reliance in relation thereto was placed on behalf of the appellant on the verdict of the hon ble supreme court in kale and ors. v. .....

Bhagwandas Totaram Agarval Vs. Chhaganlal Raichand

Court : Mumbai

Reported in : AIR1944Bom235(1); (1944)46BOMLR411

..... but once a document is rightly or wrongly admitted in evidence, it is not permissible under section 36 of the indian stamp act, 1899, to the court at any subsequent stage of the suit or proceeding, whether it is a court of appeal or revision or the trial court, to reject it. mr. ..... but in second appeal it was held that the document having been once admitted in evidence in the trial court, it could not be called in question on the ground that it was not duly stamped as provided by section 36 of the indian stamp act and the decree of the trial court was restored. ..... 779 where it was observed that section 36 of the indian stamp act applied not only to documents admitted in the course of evidence in support of subsidiary points arising in the suit but also to cases where the documents in question formed the foundation of the suit. ..... the learned judge below held that the instrument was a deedi of agreement as it made provision for the place of payment and, therefore, admitted it in evidence on payment of the deficit stamp and penalty. ..... it is now urged that the instrument is really a promissory note and not a mere agreement, and reliance is placed on the ruling in deva ratna v. ..... 428 where it was held that a promissory note did not lose its character as such merely because it contained a: promise to pay at a certain place. .....

M. Seshagiri Rao Vs. M. Rukkamma and ors.

Court : Andhra Pradesh

Reported in : 2006(4)ALT250

..... vemi reddy prabhakar reddy (supra) the learned judge of this court while dealing section 36 of the indian stamp act, 1899 issued suitable directions to the courts in relation to documents being filed along with affidavits in the context of letting in evidence ..... anasuya devi : 2001(5)alt367 wherein section 2(15) of the indian stamp act, 1899 and section 17 of the registration act, 1908 in the context of instrument of partition and the interpretation of award of arbitrators had been dealt ..... course of long period to be hindrances which impede steady and swift progress of trial proceedings, must be recast or remoulded to give way for better substitutes which would help acceleration of trial proceedings.when so recast, the practice which can be a better substitute is this: whenever an objection is raised during evidence-taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document ..... the counsel for the respondents placed strong reliance on the decision of three judge bench of the apex court in ratanlal sharma v ..... further strong reliance was placed on the decision of the learned judge of this court in netrambaka krishnaiah v ..... reliance was also placed on the decision of yet another division bench of this court in m ..... the learned counsel placed strong reliance on the following decisions:ratanlal sharma ..... the learned counsel placed strong reliance on the decision of this court in vajrala ramesh v .....

Ganga Ram Vs. Het Ram and ors.

Court : Rajasthan

Reported in : AIR1965Raj47

..... section 36 of the indian stamp act 1899 enjoins that the admission of such document into evidence shall not be questioned at any stage of the same proceeding. ..... chapter iv of the indian stamp act of 1899 deals with instruments not duly stamped. ..... sagarmal mehta for the respondents has urged that section 36 of the indian stamp act only refers to an original instrument and not to its secondary evidence. ..... therefore, the conclusion which we arrive at is that in the first place there is no unqualified or clear admission of the liability in paras 4 and 5 of the written statement; that even if the execution of the document by hetram may be treated to have been admitted for a moment that document cannot be employed for the purposes of extracting an admission because that would be acting contrary to the mandate of section 35 of the indian stamp act. 17. ..... the plaintiff went up in appeal before the learned district judge, who affirmed the judgment of the trial court, and the plaintiff has now come up in second appeal to this court, as already mentioned above.5. mr. s. k. ..... when the trial court reached the stage of judgment it realised that the secondary evidence of documents which were not duly stamped was not admissible an law. ..... the trial court determined the duty and penalty payable on these documents on 13th june, 1956 and the plaintiff after paying the duty and penalty proved these copies. ..... trial court allowed the plaintiff to lead secondary evidence. ..... plaintiff's case came up for trial. .....

Sri Tirumala Housing (P) Ltd. Vs. Gpr Housing (P) Ltd.

Court : Andhra Pradesh

Reported in : AIR2006AP392; 2006(5)ALD359

..... state of maharashtra : [1999]1scr302 , and came to the conclusion that if the agreement itself recites the delivery of possession, such document has to be charged with stamp duty as if it is a conveyance under article 47-a of schedule i-a of the indian stamp act, 1899 (stamp act, for brevity). ..... ratnamala (supra), having regard to the law laid down by the supreme court in veena hasmukh jain (supra), a division bench of this court laid down as under:while considering the provisions of the indian stamp act, it has to be borne in mind that the said act being a fiscal statute, plain language of the section as per its natural meaning is the true guide. ..... he vehemently contends that article 47-a describes the instruments in relation to sale as defined in section 54 of the transfer of property act, 1882, and an agreement not being sale within the ambit of section 54 of the transfer of property act, main provision of article 47-a of schedule i-a of stamp act has no application to an agreement of sale. ..... accordingly, the trial court on 8-3-2006 ordered plaintiff to pay stamp duty and penalty under the stamp act or seek the document to be sent to collector for impounding under section 38(1) of the stamp act. ..... considering the question, the trial court placed reliance on the decision of the division bench of this court in b. ..... he also placed reliance on a recent decision of this court in c.r.p. no. ..... no inferences, analogies or any presumptions can have any place. .....

D. Sujata and anr. Vs. Revoori Vasantha and anr.

Court : Andhra Pradesh

Reported in : 2005(4)ALD878; 2005(4)ALT626

..... the view that once a document is admitted, section 36 of the indian stamp act, 1899, prohibits the rejection of the same.4. ..... true that section 36 of the stamp act mandates that once an instrument has been admitted in evidence, the admissibility thereof, cannot be called in question, except before an appellate court, as provided for under section 61. ..... giri krishna, learned counsel for the respondents, on the other hand, submits that the respondents paid stamp duty as well as impounding fee on exs.a.3 and a.4 and no prejudice, as such, would be caused if the documents continue to be ..... the reason is that the initial admission of the instrument, referred to in this section, presupposes that party, which was entitled to oppose it, had raised an objection, or did not avail the opportunity to ..... the objection raised by the petitioners herein is as regards the adequacy of stamp duty, it cannot be said that section 36 operates as a bar. ..... to apply the principle therein does not arise in this case, since the trial court is yet to apply its mind on this aspect.8. ..... that the documents have the effect of creating interest in immovable property, and as such, they were required to be registered under section 17 of the registration act, 1908. ..... identification marks to the document, at that stage, cannot constitute admission of instrument, as contemplated under section 36 of the act. ..... placing reliance upon the judgment of the supreme court ..... he places reliance upon a judgment of this court in setti siddamma .....