Judgment Search Results Home > Cases Phrase: indian stamp act 1899 section 74 powers to make rules relating to sale of stamps Court: uttaranchal Page 1 of about 2 results (0.073 seconds)

Singh and Company Vs. Collector

Court : Uttaranchal

Reported in : AIR2005Utr76

..... relevant portion of section 47a of indian stamp act reads as under :--under-valuation of instrument (1)(a) :--if the marker value of any property, which is the subject of any instrument, on which duty is chargeable on market value of the property as set forth in such instrument is less than even the minimum value determined in accordance with the rules made under this act, the registering officer appointed under the registration act, 1908, shall, notwithstanding anything contained in the said act, immediately after ..... the burden of proof is always on the claimant to prove the prevailing market value as on the date of the act of notification published in the state gazette under section 4(1) of the act with reference to the sale deeds of the same land or neighbouring land possessing similar potential value between wiling vendor and willing vendee or other relevant ..... act 11 of 1969 of the stamp act, 1899 with rules 340 ..... court in the judgment rendered, it was not placed as to the source of power granted to the authorities for the preparation of the basic valuation register.30. ..... the rules framed under rules 340, 340-a and 341 guide the activity of an authority to make the purpose contemplated under the stamp act, hence, the same would be mandatory as it regulates the purpose of the act.26 ..... / claimant further contended that for the reasons mentioned hereinafter, the ratio of jawajee nagnatham case (1994 air scw 2812) (supra) will not be applicable so far as it relates to the state of u. p. .....

Ashish Nanda Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : AIR2006Utr30

..... section 47-a of the indian stamp act has not applied his mind and has arbitrarily fixed the stamp ..... be fully and truly stated in the instrument in addition to the market value of the property;-(1) in case of land;(a) included in the holding of a tenure holder, as defined in the law relating to land tenures:(i) the khasra number and area of each plot forming part of the subject-matter of the instrument;(ii) whether irrigated or un-irrigated and if irrigated, the source of irrigation;(iii) if ..... the instrument 400 times the assumed annual rent;(e) where the land is non-agricultural and is situate within the limits of any local body referred to in clause (c) of sub-rule (i), rule 340 - equal to the value worked out on the basis of the average price per square metre, prevailing in the locality on the date of the instrument,(ii) where the subject ..... paras 5 and 6):.thus the circle rate, as aforesaid is merely guideline and is also indicative of division of exercise of power between the registering authority and the collector..this circle rate in no way effects any party when finally determining its value. ..... all lj 1547 : manu/sc/0369/1999 : [1999]3scr462 , had held that the imposition of stamp duty on sale deeds is one the actual market value of such property and not the value described in the instruments ..... held that situation of a property in an area close to a decent colony not by itself would make it part thereof and should not be a factor for approach of the authority in determining the market .....

Mukesh Kumar Mittal Vs. U.P. Finance Corporation and anr.

Court : Uttaranchal

Reported in : AIR2006Utr2; IV(2006)BC495

..... that the agreement executed between the parties is violative of provisions of transfer of property act, 1882, the registration act, 1908 and the indian stamp act, 1899. ..... on behalf of the defendants/respondents that the corporation has already taken back the possession of the industrial unit in default in payment of instalments relating to sale consideration, on the part of the plaintiff/appellant.5. ..... close relatives of the plaintiff/appellant were the original debtors, and in default of repayment of said debt, the corporation, proceeding under section 29 of state financial corporation act, 1951, took possession of the industrial unit, whereupon the plaintiff/appellant struck the deal as aforesaid.3. ..... learned counsel for plaintiff/appellant further argued before us that the agreement dated 12.9.2001 is an unregistered document, as such, in view of provision of section 17 of registration act, 1908, it cannot be relied by the defendants/respondents for the payment of instalments agreed by the plaintiff/appellant. ..... further argued before us that the possession of the plaintiff/appellant is protected under section 53a of the transfer of property act, 1882, as the possession has already been delivered in pursuance of the agreement dated ..... court after hearing the parties and going through the record before it, rejected the application under order xxxix, rule 1 of the code on 8.9.2003, aggrieved by which the present appeal from order, has been ..... but, he failed to make payment of rest of the .....

Rai Bahadur Narayan Sugar Mills Ltd. Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : AIR2007Utr36

..... case, the land in question has been recorded as an agricultural land as will appear from the khatauni and therefore, the notice issued under section 47a of the indian stamp act as amended in state of u.p. ..... valorem duty, the following particulars shall also be fully and truly stated in the instrument in addition to the market value of the property;(1) in case of land;(a) included in the holding of a tenure holder, as defined in the law relating to land tenures:(i) the khasra number and area of each plot forming part of the subject-matter of the instrument;(ii) whether irrigated or un-irrigated and if irrigated, the source of irrigation;(iii) if under cultivation whether do-fasali or otherwise ..... to the submission for the appellants that enhancement by 20% for the next year in question was beyond the power of the collector under rule 340-a as he could only fix one circle rate in a span of two years, we find no merit ..... reported in 2005 (2) ud 503 and submitted that the future potential value of the land is wholly immaterial at the time of the execution of the sale deed and stamp duty has to be paid in accordance with the relevant date on which the deed was found to be executed and not on the basis of any imagination of the ..... , board of revenue allahabad 1996 (3) awc 1331 the apex court has held that situation of a property in an area close to a decent colony not by itself would make it part thereof and should not be a factor for approach of the authority in determining the market value. .....

Embrose Holding Pvt. Ltd. and ors. Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : AIR2004Utr46

..... the sale deed of the petitioners was referred to additional district magistrate, nainital under section 47a(2) of the indian stamp act, on the ground of ..... section 56 of the indian stamp act empowers the chief controlling revenue authority to examine the correctness of the order of the court below and he has to decide the ..... immediately preceding the date of the instrument 400 times the assumed annual rent;(e) where the land is non-agricultural and is situated within the limits of any local body referred to in clause (c) of sub-rule (i) of rule 340- equal to the value worked out on the basis of the average price per square metre, prevailing in the locality on the date of the instrument. ..... correct that the collector is not empowered to determine on a case being referred to him by the sub registrar under section 47-a(1), that the market value is in fact less than the minimum value to be determined by rule 341 and to find on that basis whether the transaction sets forth the market, value truly or not.'13. ..... air 1962 sc 1217, the apex court has observed as under :'section 56(2) of the stamp act, 1899, deals with cases where there is a doubt in the mind of the collector in regard to an instrument which comes up before him under section 31, 40 or 41 of the act as to the construction of the instrument and the provisions of the act applicable to it. ..... fazalpur, tehsil kichcha, district nainital from one sri gurpreet singh son of sri haripal singh through power of attorney in the year 1990.3. .....

Lt. Col. Maharaja Manbandra Shah Dead by Lrs. Vs. State of U.P. Throug ...

Court : Uttaranchal

..... made in the above cited rulings, it is held that the petitioner was having pre-existing rights over his personal properties and by the impugned award no rights and liabilities have been created in favour of petitioner hence the award does not come in the category of instrument over which stamp duty is payable under section 3 of indian stamp act. ..... 1899; (b) every bill of exchange payable otherwise than on demand or promissory note drawn or made out of india on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in india and (c) every instrument (other than a bill of exchange, or promissory note) mentioned in that schedule, which not having been previously executed by any person, is executed out of india on or after that day, relates ..... of, the government in cases where, but for this exemption government would be liable to pay duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer of other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share a property of or in any ship or vessel registered under the merchant shipping act, 1894, or under act xix of 1838, or the indian registration of ships act, 1841 (x of 1841), as amended by subsequent ..... learned district judge did not make the said award a rule of the court, on the subsequent objections of the state that the award was not duly stamped and by a separate order .....

indra Singh Vs. State of U.P. and ors.

Court : Uttaranchal

Reported in : AIR2007Utr24

..... pradesh after the aforesaid full bench decision, brought an ordinance on 23-10-1991 which was made effective from 1-11-1991 under which clause-e was added in sub-section (16) of section 2 of indian stamp act and thereby included the agreement which was to be executed under rule 29 of the minor minerals (concession) rules, 1963 within the meaning of word 'lease'.after the enforcement of this ordinance, the impugned recovery notices have been issued to the petitioner. ..... 1st november, 1991 by adding clause (e) in sub-section (16) of section 2 of the indian stamp act, which also included the agreement, which has to be executed under rule 29 within the meaning of the word 'lease' shall not apply in the ..... the respondents may recover the stamp duty according to article 5 of schedule 1-b of indian stamp act as it was operative prior to the ..... the character of immovable property, it would not come within the definition of the expression lease' as helmed in the stamp actaccordingly, the full bench held that an instrument granting a right is not a lease deed within the meaning of section 2(16)(e) of the stamp act but is a mere licence chargeable under article 5(c) of schedule 1-b of the act. ..... therefore, the authorities have fell into error not treating the ordinance to be retrospective and in demanding the stamp duty as per amendment made by the ordinance which has been repealed by an act subsequently.thus, the notices suffer from manifest error of law and are liable to be set aside the notices .....

Haridwar Hotels Pvt. Ltd. Vs. Chief Revenue Commissioner/Chief Control ...

Court : Uttaranchal

Reported in : AIR2009Utr1

..... stamp duty is liable to be paid under section 3 of the indian stamp act, 1899. ..... the purpose of levy of stamp duty, rules have been framed under section 75 of the indian stamp act by the state government. ..... the instrument has been defined in sub-section 14 of section 2 of the stamp act that the 'instrument' includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or ..... this order, a revision under section 56 of the stamp act was filed. ..... in exercise of the powers conferred under section 75, the state of uttar pradesh has framed the rules known as uttar pradesh stamp (valuation of property) rules, 1997. ..... word 'instrument' is used in word 'conveyance', which is defined under sub-section 10 of section 2 of the act, which reads that 'conveyance' includes a conveyance on sale and every instrument by which property, whether movable or immovable is transferred inter vivos and which is not otherwise specifically provided for by schedule i, schedule i-a or schedule ib as the case may be ..... stamp (amendment) act, 1952, comes into force, and relates to any property situated, or to any matter or thing done or to be done in uttar pradesh, and is received in uttar pradesh ..... 62-(a) if relating to immovable sixty rupees.property where the amountor value of the considerationof such conveyance as setforth therein or the marketvalue of the immovableproperty which is thesubject of such conveyance,whichever is greater doesnot exceed rs .....

Laxmi Prapannacharya Vs. State of U.P. and ors.

Court : Uttaranchal

Reported in : AIR2006Utr7

..... the 'settlement' has been defined under section 2(24) of the indian stamp act, as under:(24) 'settlement'-- 'settlement' means any non-testamentary disposition in writing of movable or immovable property made--(a) in consideration of marriage;(b) for the purpose of distributing property of settler among his family, or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or(c) for any religious or charitable purpose; and includes an agreement in writing to make such a disposition and where any such disposition ..... generality of the foregoing includes--(a) the creation of a trust in property;(b) the grant or creation of any lease, mortgage, charge, easement, license, power, partnership or interest in property;(c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own .....

Mani Ram Vs. Padam Datta (D) by Lrs. and anr.

Court : Uttaranchal

Reported in : AIR2007Utr74; 2007(4)AWC3911

..... the lower appellate court further found that no duty was paid as required under section 61 indian stamp act on said document. ..... the plaintiffs case is that his father had no right to execute the aforesaid gift deed and the sale deed in favour of the defendants, as the property was already been partitioned vide settlement deed dated 27-3-1961 ..... he also came to know that in the remaining half share in the land situated, at nathuwala, dehradun, plaintiffs father has executed registered sale deed dated 7-4-1970 in favour of padma datta and dev datta (brothers' of plaintiff). ..... 257 of 1977 and 268 of 1977, are filed by plaintiff/appellant mani ram, one for cancellation of gift deed, executed in favour of the defendant/respondent sada nand dobhal, and another suit for cancellation of sale deed, executed in favour of defendant padma datta and dev datta respectively. ..... late sri jeet ram bahuguna had no right to execute the impugned sale deed and the gift deed?4. ..... the said court found that the registered sale deed in question is illegal and ineffective ..... 000/- as consideration and executed the registered sale deed before sub-registrar, dehradun. ..... that son-in-law and the sons (defendants) of late jeet ram bahuguna were not in position to exercise undue influence on him and as such, the execution of the registered gift deed and that of registered sale deed cannot be doubted. ..... further held that since witnesses of the sale deed were not produced, as such, there is doubt in the validity of the sale deed. .....