Judgment Search Results Home > Cases Phrase: indian stamp act 1899 section 72 place of trial Page 2 of about 742 results (0.108 seconds)

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 .....

G.Narasimhamurthi Vs. State of Andhra Pradesh Through the Insp

Court : Andhra Pradesh

..... agreeing with the prosecution, the trial court observed that when the parties failed to truly set forth the value of the instrument as per the market value guidelines register, the a.o was bound to keep such document pending registration and refer the matter to district collector for determination of the market value of the property under section 47a of indian stamp act, 1899 and that he had no authority to personally visit the property and conduct enquiry relating to its ..... by its public prosecutor for spe & a.c.b cases, high court of a.p) c) learned counsel further submitted that in the entire process there was no loss to the government because, under section 41a of indian stamp act, the collector has the power to issue notice and collect the deficit stamp duty with penalty from the concerned party and in the instant case though no steps were initiated by the subsequent sub-registrars and district registrars who worked after a.o, nevertheless ..... 6) secondly, learned counsel argued that the two registrations which gave raise to different charges were effected at two different places and at two different intervals of time and one has nothing to do with the other. ..... during his stint in those two places, among other documents he registered two sale deeds which according to prosecution were grossly undervalued and thereby, government exchequer suffered loss. ..... it observed that no evidence was placed by the a.o to show that he was misled by the senior assistant. .....

Bhag Chand Vs. Satya Narayan and anr

Court : Rajasthan Jodhpur

..... he further contended that as per section 35 of the indian evidence act, 1899, the documents in question are not 2 admitted in evidence even for ..... per contra, learned counsel for the respondents contended that the documents in question admitted in evidence by the learned trial court for collateral purposes are, a memo regarding past partition and a copy of agreement to sale in respect of the property other than the suit property, to show the possession of the respondent over the ..... court: this writ petition has been preferred by the petitioner against the order dated 24.7.2013 passed by the additional sessions judge no.1, bhilwara (hereinafter referred to be as 'the learned trial court') whereby the objection raised by the petitioner in respect of admissibility of documents produced through a witness has been rejected and the trial court has admitted the documents in question in evidence for collateral purposes. ..... for the petitioner has argued that the documents, family settlement between two brothers and the sale letter dated 31.5.2010, are unregistered and not bearing requisite stamp duty, therefore, are not admissible in evidence even for collateral purposes. ..... the learned counsel for the petitioner has placed reliance upon the following judgments:- (i) air2009sc1489- avinash kumar ..... lal versus ratan lal & ors.and the judgment dated 4.3.2003 rendered by the hon'ble apex court reported in air2003sc1905 3 heard learned counsel for the parties and perused the documents placed on record. .....

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. .....

Gayabai Hemlal Jadhav Vs. Hiraman S/O Rama Chavan

Court : Mumbai Aurangabad

..... can, thus, be concluded that photocopy of the document cannot be termed as an "instrument" within the meaning of section 2(14) of the indian stamp act, 1899 or section 2(l) of the bombay stamp act, 1958 and the provisions of section 33 of the bombay stamp act cannot be made applicable in respect of copy of the document. ..... aspect, the document, which is placed on record is a photocopy of the partition deed and as such, the provisions relating to impounding of the document, incorporated in bombay stamp act, are not attracted. ..... such document is brought to the notice of the court, it is the duty of the court to direct the applicant before the court to place on record the original document and further to impound the same for recovery of necessary stamp duty and penalty, as contemplated by bombay stamp act, 1958. ..... 10 the application tendered to the trial court is under section 276 of the indian succession act, requesting the court to grant probate in respect of the will deed executed by deceased ..... 18 considering the limited scope of inquiry by the trial court while dealing with application for grant of probate, determination of the question relating to entitlement of deceased to the property, in reference to the document placed on record by the probate applicant - respondent no.1 herein, is surely of ..... in respect of validity or otherwise of the partition deed, copy of which is placed on record by respondent no.1 herein - probate applicant, is not required to be gone into by the trial court. .....

Bhanwar Lal and ors. Vs. Firm Mangalji Chhoteylal, Baran Etc.

Court : Rajasthan

Reported in : AIR1981Raj157; 1981()WLN450

..... one of the common preliminary objections raised by the respective defendants in these suits is that the hundis in question are chargeable with duty under schedule i, article 13, indian stamp act, 1899 (hereafter called the act), being hundis covered by the definition of the expression 'bill of exchange', as contained in section 2(2) of the act, and that since they are not duly stamped, none of them can be admitted in evidence by the court for any purpose whatever. ..... the trial court repelled the preliminary objection, and instead held that the sahajog hundis involved in these suits fall within the definition of 'bill of exchange payable on demand', as defined in section 2(3) of the act and, as such, are not chargeable with duty under the act.3. ..... one of the hundis may be translated here, as illustrative of others, as follows:--written at the auspicious place, shri baran; please accept salutations from shri panna lalji birdhi chandji to shri panna lalji birdhi chandji. ..... if, on the other hand, they are found covered by section 2(3), they are not chargeable with duty and, in that case, the impugned orders made by the trial court must be affirmed.5. ..... he took special note of the error committed by the trial judge in not treating the hundi in that case to be a 'bill of exchange payable on demand' merely on the ground that its payment had been postponed to a future date. ..... the impugned orders passed by the trial court must therefore be affirmed. .....

Dr. Praveen Nahar Vs. Krishan Gopal Sanghi and anr.

Court : Madhya Pradesh

Reported in : AIR2006MP89; 2006(1)MPHT485; 2006(1)MPLJ83

..... 2-b/2002 by which the trial court decided the admissibility of a document and held that it is a bond within the meaning of section 2(5) of the indian stamp act, 1899 (hereinafter referred to as the 'act') and directed that on payment of appropriate stamp duty, document shall be admissible in ..... (4) for the purposes of the stamp act, it is only the definition as contained in section 4 of the negotiable instruments act which is to be read as if reproduced verbatim in section 2(22) of the stamp act, but no other provision of the negotiable instruments act can be read in section 2(22) of the stamp act, because of the restrictive words 'as ..... an instrument, which is not payable to bearer are order but is attested by a witness will also be a bond within a definition of section 2(5) of the stamp act, although simultaneously it may also fall within the definition of a promissory note within the meaning of section 2(22) of the stamp act read with section 4 of the negotiable instruments act.9. ..... out the distinction between promissory note and a bond, be may at once that in the last mentioned situation that is, where an instrument comes within the description of a promissory note as well as that of bond, by virtue of section 6 of the stamp act, it will be chargeable only with the highest of the duties chargeable, that is, stamp duty as chargeable on a bond. ..... (iii) reliance is placed to the judgments of single bench in mannalal nanhelal ..... he has placed reliance to a judgment of this court in radhe .....

Supreme Music Vs. Manilal G. Purohit and ors.

Court : Andhra Pradesh

Reported in : 2005(6)ALD228; 2005(5)ALT684

..... the indian stamp act, 1899 (for short 'the act') gives an option, to a person relying upon an unstamped or insufficiently stamped document, to pay the deficit stamp duty, as may be determined by the court itself, under section 35, or to get it impounded, under section 33 of the act, through ..... recently, a division bench of this court in chintalapudi annpurnamma's case (1 supra) held that the option of a party, either to pay the deficit stamp duty and penalty on a document into the court itself, or to make an application before the court to send the document to the revenue authority, remains in tact, and the question of admissibility of document, has ..... he further contends that the document had since been admitted into evidence, as ex.a-1, by the trial court, though subject to payment of the deficit stamp duty, and it is impermissible for the petitioner to take it back, or to have recourse to the ..... the document was tendered in evidence by the plaintiff while in witness box, objection having been raised by the defendants that the document was inadmissible in evidence as it was not duly stamped and for want of registration, it was obligatory upon the learned trial judge to apply his mind to the objection raised and to decide the objection in accordance with law. ..... if the impounding is done by the 'persons' themselves, they are placed under obligation, to send the amount collected by them, together with a copy of the ..... placing reliance upon the judgment rendered by a division bench .....

Shri Ashok Agarwal Vs. Shri Om Prakash

Court : Madhya Pradesh

..... a situation, the document is not at all admissible in evidence in terms of section 35 of the indian stamps act, 1899 which speaks about the inadmissibility of document executed on insufficient stamp. ..... agreement of sale dated 06.12.2004 is on stamp duty of rs.100/- however according to schedule 1-a of the stamp act (m.p. ..... however, the decision of avinash kumar chauhan (supra) placed reliance by learned counsel for petitioners is applicable in the present factual scenario because in this case it has been held that under section 35 of the registration act, the document until and unless impounded, the same cannot ..... approach of trial court is contrary law, although learned trial court rightly found that document is insufficiently stamped. ..... according to me, section 49 of the registration act has no applicability in this case and therefore the ..... (2009)2 scc 53.wherein it has been held that if the document is not duly stamped, it is inadmissible in evidence and it is to be impounded first.4. ..... 2013 passed by first additional district judge, harda in civil suit no.5-a/2011 by which the objection of the petitioners- defendants that the document of agreement of sale dated 06.12.2004 is not admissible in evidence having deficit stamp duty has been turned down.2. ..... trial court though found that the document of agreement of sale is insufficiently stamped but held that document is admissible in evidence for collateral purpose under section 49 of the registration act ..... is pending before the trial court. .....

Marappa and ors. Vs. Thimmegowda and anr.

Court : Karnataka

Reported in : AIR1981Kant121; ILR1981KAR688; 1981(2)KarLJ73

..... the provisions of uniform karnataka stamp act of 1957 (hereinafter referred to as the act) that replaced the mysore stamp act of 1900 (mysore act 2 of 1900) and other similar acts in the other integrating areas are in pari materia with the indian stamp act of 1899. ..... 1 on the document dated 26-5-1938, collect the amount so determined mark the same as an exhibit and afford an opportunity to place additional evidence which it had illegally failed to do resulting in failure of justice and the first appellate court in not correcting the same has committed a substantial error of law justifying this court's interference under s. ..... 150 of 1975, mark the document for collateral purposes and give an opportunity to the parties to place their evidence, has committed an illegality and impropriety occasioning failure of justice to the parties in particular, to the defendants'.6. ..... 1 and not on the part of the trial court and the courts below have not committed an error of law much less a substantial error of law justifying this court's interference under section 100 of the code.14. ..... the learned munsiff heard arguments on 19-11-1977 on the evidence already placed by the parties and delivered his judgment on 26-11-1977 decreeing the plaintiff's suit. ..... (9) to what reliefs are the parties entitled ?on a consideration of the evidence placed before him, the learned munsiff by his judgment and decree dated 28-3-1974 answered all the material issues against the plaintiff and dismissed his suit. .....