Judgment Search Results Home > Cases Phrase: indian stamp act 1899 section 72 place of trial Court: delhi Page 1 of about 75 results (0.143 seconds)

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. .....

Kotak Mahindra Bank Ltd. Vs. Yogesh Baweja and anr

Court : Delhi

..... trial court instead of taking a view on the application/suit, vide order dated 18 th december, 2010 issued direction to chairman of the petitioner bank to produce and file the original assignment deed and also expressed its opinion and recorded that there may be necessity of impounding the same under section 33 of the indian stamp act, 1899 ..... fail to deposit the said amount within stipulated period, the amount will be recovered under section 48 of indian stamp act, 1899 as an arrear of land revenue and in addition to the above action under section 62/64 of indian stamp act read with relevant provision of i.p.c. ..... passed an order, the last portion of which is recorded as under: keeping in view the ill intention of the executants to evade the stamp duty and transfer mcd duty, it is a fit case for imposing penalty to the highest extent as provided under section 35 of indian stamp act, 1899 and therefore considering the whole issue, a penalty equivalent to 10 times of deficient stamp duty is imposed i.e. rs.3.66 x 1. ..... is produced or comes in the performance of his function used in section 33 of the stamp act, 1899 mean the production of the instrument voluntarily by the party relying on ..... under section 29 of indian stamp act and as per clause 5 of article xiii of the agreement ..... canara bank, air 200.sc 18.held that section 31 of the stamp act, 1899 involves an element of voluntariness in the persons seeking adjudication to apply before the collector and under that provision the collector .....

Shail Kumari Vs. Saraswati Devi

Court : Delhi

Reported in : 96(2002)DLT131

..... details as to the nature of the document and the stamp duty paid upon it are required to be entered in order that courts may not neglect he duties imposed on them by section 33 of the indian stamp act, 1899. ..... once a document has bene marked as an exhibit in the case and the trial has proceeded all along on the footing that the document was an exhibit in the case and has been used by the parties in examination and cross-examination of their witnesses, section 36 of the stamp act comes into operation. ..... this revision petition raises a simple as well as a question of great importance to the subordinate courts as to whether in the trial of a civil suit during examination of a witness when a document is tendered in evidence and it is sought to be proved the question of admissibility of that document and marking of the exhibit thereon may be deferred till the stage of hearing of final arguments.4. ..... it further provided that when documents are produced by the parties they are only temporarily placed on the record subject to their being admitted in evidence in due course and the only documents which are duly admitted in evidence form part of the record while the rest must be returned to the parties producing it. ..... therofre, in my view of these facts the trial court committed grave error in not allowing the petitioner to place new power of attorney dated 31.7.1998 on record and prove it. .....

Govt. Of Nct of Delhi vs.subhash Sharma & Anr

Court : Delhi

..... on 30.9.2015, an application under section 38 of indian stamp act, 1899 r/w section 151 cpc was filed by the plaintiff with the matter having been renotified for 3.11.2015.10. ..... certified copies of the proceedings sheet of the said suit indicate that vide order dated 19.2.2015, as observed already herein above, the documents filed by the plaintiff were impounded under section 33 of the indian stamp act with a penalty imposed thereon and of ten times of the stamp duty and it was directed that in the event of the failure of the payment of the penalty amount, the revenue collector, would recover an amount the plaintiff with having been ..... taken up for consideration and it has not been considered essential to issue notice thereof to the respondents as apparently they are not in any manner concerned with the direction that had been given by the learned trial court in relation to the disciplinary action directed to be taken against mr.azimul haque, mr.s.r.kataria and mr.g.l.meena, dc (north-east) who served during the period 26.12.2013 to 6.1.2016, 6.1.2016 to 31.1.2017 and 6.2.2017 to 14.12.2017, respectively as submitted vide ..... the report of the ahlmad concerned, on the proceedings sheet dated 14.1.2016 indicate that the documents were sent to the revenue collector (north-east) on 19.1.2016 and the receipt of the said documents was placed on record on 21.1.2016. .....

Sangeeta vs.ramphool @ Bobby

Court : Delhi

..... . no doubt these documents ex.pwto ex.pwhave been executed after 24.9.2001 when by act of 48 of 2001, section 53a of the transfer of property act, 1882 was amended along with related sections of the indian stamp act, 1899 and whereby the agreement to sell in the nature of part performance under section 53a of the transfer of property act cannot be looked into unless it is stamped and registered, however, even if we take that position that the documents ex.pwto ex.pwdid not transfer any title or rights in the nature of part ..... . i may note that the judgment of the first appellate court does not at all touch upon the valid conclusion of the trial court with respect to the respondent/defendant having failed to lead any evidence whatsoever with respect to the suit property being an huf property, inasmuch as, neither the father sh ..... up of an alleged oral family settlement of december, 2001 in the written statement of the respondent/defendant, however for the first time in the cross-examination of pw1 a document ex.d1 was confronted to say that an oral family settlement took place in the year 2001 and the document to this effect was prepared on 18.12.2007. .....

Phipson and Company Ltd. Vs. Gayco Private Limited

Court : Delhi

Reported in : AIR1977Delhi88; 12(1976)DLT103; ILR1976Delhi551; 1976RLR327

..... (9) reference is also invited to the provisions of sections 33, 35, 36, 37 and 38 and section 48 of the indian stamp act, 1899 (act 2 of 1899). ..... of adjudication, and that also after hearing the defendant, as it may affect the costs of the suit, and which the defendant or the plaintiff may be burdened with, and if long after the adjudication has taken place by way of a judgment of the court, i am unable to see how effect can be given to it by inserting anything in respect to it in the decree which represents only the result of an antecedent adjudication ..... , that i can put upon that section is that the powers thereby conferred are to , exercised only before the final decision of the case, to which the .question of payment of court-fees relates, and the provision as to' retrospective effect of the validity of such documents and every proceedings relative thereto, relates only to those documents which, being defectively stamped, have been wrongly received and used in the course of the trial of the case, which has ..... 'the only consequence of a deficiently stamped plaint or a document is that so long as the trial is pending, the court may refuse to look at it, or reject it, or make the plaintiff restrict his case to the extent the document is properly stamped, but, once, the trial has concluded, the document looses all its importance and results in a judgment followed by a decree, which alone has to be looked into. .....

Bhupender Singh Bhalla Vs. Neelu Bhalla @ Neelam Singh

Court : Delhi

..... 1992/2013 (application on behalf of the defendant under sections 33, 35 and 38 of the indian stamps act, 1899 r/w section 49 of the registration act, 1908 for impounding of the documents filed and relied upon by the plaintiff in support of his case) 12. ..... of the view that the trial court should have asked the appellant as to whether he would remit the deficient portion of the stamp duty together with a penalty amounting to ten times of the deficient stamp duty and if the appellant agreed to do so it had to proceed with the trial after admitting the documents in evidence and it had in the meanwhile to forward a copy of the document to the collector for the purpose of adjudicating on the question of deficiency of stamp duty as provided in section 40(1)(b) of the act. ..... cannot but be procedural irregularity touching the exercise of jurisdiction by the trial court .11. ..... the trial court can exercise the power under order vii rule 11 c.p.c. ..... at any state of the suit - before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial. ..... the defendant has raised certain triable issues which could not be adjudicated without trial.4. .....

Egon Zhender International Pvt. Ltd. Vs. M/S Namgayal Institute for Re ...

Court : Delhi

..... regard, section 35 of the indian stamp act, 1899 (in short the stamp act) is instructive which prohibits instruments from being tendered as evidence if, they are not stamped in accordance with the provisions of the said act. ..... in evidence and if the defendant does not set up in his defence that the document is so inadmissible and on the other hand admits the contents and the validity of the document, the court might possibly act upon the defendant's admission in the plaintiffs favour notwithstanding that during the course of the trial the court finds that the document is inadmissible in evidence, through the existence of such defect or defects. ..... regards, aggravated / exemplary damages are concerned, the learned arbitrator came to the conclusion that no amount could be awarded under this head in favour of the petitioner as nothing was placed on record to demonstrate as to how the petitioner was entitled to exemplary damages.2. ..... 21.2 from the record it is evident that petitioner had placed no material before the arbitrator with respect to it having to take another premises on lease between the period 14.11.2006 and 19.10.2007 at a rate higher than that it was required to pay under the 2004 ..... as indicated above, even if i were to agree with the submissions led by mr parikh (though for the reasons given above by me, the said submissions are untenable), the entire exercise will be futile as no proof of injury has been placed on record by mr parikh to establish his claim for damages. .....

Standard Chartered Bank Vs. M.S. Handa and ors.

Court : Delhi

Reported in : I(1993)BC502; 50(1993)DLT247; 1993(25)DRJ538

..... regarding the plea that the hundi in question is insufficiently stamped, under article 13 sub-clause (b) and (c) of indian stamp act the stamp duty payable on the hundi is rs.l,25,000.00. ..... hand and it was with this view that the plaintiff bank gave a letter dated 20.1.1989 to the defendant no.1 confirming that the bank was agreeable to discount the bills/hundis drawn for 90 days, provided indian overseas bank accepts the same and confirms to them that they would make the payment to the plaintiff bank on the due date. ..... on september 20,1989 the plaintiff bank received a letter dated 3rd august, 1989 from the defendant no.3 's zonal office that the branch manager of indian overseas bank .who had co-accepted the said bill of exchange (hundi) had no authority to do so and thereforee, they had no liability towards the plaintiff bank on the said co-accepted hundi dated 23.6. ..... the hundi is duly stamped and the opinion of the collector under section 31 of the stamp act has already been obtained. ..... (13) the plea raised by the defendant no.2 that a fresh agreement took place between him and the plaintiff bank to treat the balance amount as a term loan also needs ..... that he only acted as a finance agent has also got some substance and needs trial. ..... why this commission was credited in his account needs an answer which can only be ascertained if the case would go on trial . ..... pleas raised by the defendant no.2 need trial. ..... these points need probe, which can only be done at the time of regular trial. .....

Rakesh JaIn and ors. Vs. Vinod Kumar Bhola

Court : Delhi

..... the alleged promissory notes were not duly stamped as required under entry 49 read with entry 13 of the first schedule to the indian stamp act, 1899 and in view of section 35 of the said act, were not admissible in evidence. ..... jain also contended that the conferment of benefit of section 36 of the stamp act on the respondent-plaintiff by the learned trial court was also without any basis whatsoever, for, to confer the benefit of section 36 of the stamp act, the instruments in question (the pro-notes in the instant case) had to be first ..... that once a document has been marked as an exhibit in the case and trial has proceeded all along on the footing that the document was an exhibit in the case and has been used by the parties in examination and cross examination of their witnesses, section 36 of the stamps act comes into operation and once the documents is taken in evidence it is not open either to the trial court itself or to a court of appeal or revision to go behind that order ..... the mechanical exercise performed by the learned trial court of marking the documents could not be construed to mean that the promissory notes had been admitted in evidence, more so, as no admission/denial of the documents anterior to the marking of the documents had taken place, and the exhibit-marking was done by the respondent-plaintiff in the affidavit of evidence ..... before the learned trial judge, reliance was placed on a decision of a learned single judge of the andhra pradesh high court in vemi reddy .....