Court : Supreme Court of India
..... sale deed was registered in violation of section 32 of the indian stamp act, 1899 and sections 17 and 20 of the act, ..... and documents and, as such, the suit was liable to be dismissed; that the plaintiff no.1 and his brother ambrish were minors and, as such incompetent to contract; that as per section 11 of the indian contract act, 18721 the transaction with minor 1 the act, 1872 civil appeal no.1573 of 2023 page 7 of 56 was void and as such unenforceable in law; that guardian of minor ambrish was shown as his mother whereas actually it should ..... section 32 of the stamp act when any instrument is brought to the collector then the collector may determine the stamp ..... no explanation or details were given with regard to the delay of 26 years in getting the registration; that under section 85 of the registration act, 19082, the documents pending for two years were liable to be destroyed, as such, the sale deed was not legal and proper; that there was interpolation in the documents of sale; that he was bona fide purchaser for value and had done so after verification of the title from the revenue ..... gap of 26 years from the date of presentation till the date of registration, it would not make any difference and the sale deed would relate back to the date of execution once registered. 20.10. ..... per sections 33 and 34 of the stamp act, the collector has power ..... power structures of our society are such that the weaker ones often find themselves exploited and oppressed by those who yield greater power .....
Tag this Judgment!Court : Supreme Court of India
..... what is the effect of the decision of this court in in re: interplay between arbitration agreements under the arbitration and conciliation act 1966 and the indian stamp act 1899 on the scope of powers of the referral court under section 11 of the act, 1996?. .................................................................................................... 65 a. ..... although ordinarily no arbitrable disputes may subsist after execution of a full and final settlement, yet any dispute pertaining to the full and final settlement itself, by necessary implication being a dispute arising out of or in relation to or under the substantive contract, would not be precluded from reference to arbitration as the arbitration agreement contained in the original contract continues to be in existence even after the parties have discharged the original contract by accord and ..... vidya drolia (supra) only went a step ahead from the position in mayavati trading (supra) to create an exception that although the rule is to refer all questions of accord and satisfaction to the arbitral tribunal, yet in exceptional cases and in the interest of expediency, ex facie meritless claims could be struck down. ..... it was further stated by the appellant that the amount being claimed by the respondent was not due in the first place, thereby making the dispute not one of quantum but one of liability, and therefore the arbitration agreement would not be attracted to the dispute raised. .....
Tag this Judgment!Court : Supreme Court of India
..... in review petition (c) no.704 of 2021 arising out of civil appeal no.1599 of 2020 (in re : interplay between arbitration agreements under the arbitration and conciliation act, 1996 and the indian stamp act, 1899), (2023) scc online sc1666 in paragraph 84 of the said judgment considered the implication of a non-obstante clause in a provision with reference to chandavarkar sita ..... of 2024 page 8 of 43 provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the magistrate considers ..... the said case by reading down the provisions of the act, the validity of the act has been upheld and it has been observed that under the act itself when parties agree, the provisions of section 125 crpc could be invoked as contained in section 5 of the act and even otherwise, the magistrate under the act has the power to grant maintenance in favour of a divorced criminal appeal ..... by custom has a reasonable relation to the object and is a capitalised substitute for the order under section 125 not mathematically but fairly then section 127(3)(b) subserves the goal ..... law would supersede a general law and if such conflicting statutes are passed by the same legislature, the rule of harmonious construction is to be applied while interpreting the said statutes. .....
Tag this Judgment!Court : Supreme Court of India
..... consciously chosen not to define this term, as is discernible from the reports of the select committee, wherein they posited that no attempt would be made to define strictly the term in the act and that the price which a willing vendor might be expected to obtain in the market from a willing purchaser, page 13 of 27 should be left for the decision primarily of the collector ..... gainsaying that the prices of small plots of land cannot ordinarily serve as the basis of evaluating the market value of larger tracts of land.5 however, there is no legal impediment against considering sale exemplars of smaller parcels of land, provided they are subjected to cuts or deductions.6 the reasoning behind this exercise is that smaller plots of land are typically valued at a higher price owing ..... sale deed must have been executed at the time proximate to the date of the notification issued under section 4 of the 1894 act ..... is a heuristic device that enables the court, in the absence of direct evidence and relevant sale exemplars, to make a reasonable and informed guess or estimation of the market value of the land under acquisition, and ..... this too cannot be the sheet anchor page 16 of 27 as the said circular was apparently issued with the primary object of levying stamp-duty on an estimated price value of the land in the year 1989.30. ..... consequently, invoking our powers under article 142 of the constitution with a view to do complete justice between the parties, we deem it fit to enhance ..... indian .....
Tag this Judgment!Court : Supreme Court of India
..... since professes to confer or create a right in favour of plaintiff no.2 and the valuation of the plaint schedule is more than a hundred rupees, the want of registration of exhibit-a6 and the non- 9 payment of stamp duty under the indian stamp act, 1899 would render exhibit-a6 illegal and unenforceable. ..... the high court, inter alia, noted that: (i) section 24(2) of the indian stamps act specifies that the settlement, particularly within a family need not be restricted to the members of the family up to a particular degree but includes persons outside the purview of ..... swami, learned counsel appearing for the legal representatives of defendant no.2, argues that the plaint schedule, upon the demise of late ghouse khan, as per the rules of succession under mohammedan law, was inherited by three brothers and one sister. ..... while the saving provision u/s 129 of the transfer of property act would save the validity of a gift other than under a registered deed, it does not exempt a document from registration and from levy of requisite stamp duty if there is the creation of interest in the immovable property in favour of ..... plaintiffs 1 and 2 and defendants 1 to 3 could not enter into a settlement relating to a mathruka property in which the second plaintiff is not a sharer. ..... ghouse khan s/o late assudula khan entered into a lease-cum- sale agreement concerning the plaint schedule with the vishakhapatnam urban development authority. ..... -registration of the document would make exhibit-a6 inadmissible. .....
Tag this Judgment!Court : Supreme Court of India
..... of judicial mind is a sine qua non having regard to the express language of sections 33 and 34 and interpretation of pari materia provisions in the indian stamp act, 189911 by this court. ..... court in the exercise of its civil or revenue jurisdiction or any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 34, the court to which appeals lie from, or references are made by, such first mentioned court may, of its own motion or on the application of the deputy commissioner, ..... *** the clauses are very specific that the power of attorney has been given powers to sell the properties and the power of attorney has acted upon the gpa and has execute the sale deed in favour of the plaintiff as per ..... (3) when any declaration has been recorded under sub-section (2), the court recording the same shall send a copy thereof to the deputy commissioner and, where the instrument to which it relates has been impounded or is otherwise in the possession of such court, shall also send him such ..... there, provisions of section 36 of the 1899 act, which is pari materia section 35 of the 1957 act, came up for ..... it is the contention of the respondent under order 13 rule 4 there should be a specific statement to the effect that the document has been so admitted and endorsement shall be signed and initialed by the .....
Tag this Judgment!Court : Supreme Court of India
..... taking into consideration the peculiar facts and circumstances of the case, since the suit is still in the preliminary stage, we dispose of the appeal is directing the trial court to frame the issue, relating to the maintainability of the suit and applicability of enactments, as 3 annexure p11of the paper book at page 132 4 annexure p12of the paper book at page 138 5 annexure p -29 of paper book 3| slp(c) 4049 of 2020 ..... the prayer as made, is reproduced below:- 5| slp(c) 4049 of 2020 (a) direct the respondent to forthwith pay monthly occupational charges at the rate of inr41- (indian rupees forty one) per square feet, for 1208 sq.ft = inr49528- since august, 2007 during the pendency of the present special leave petition in respect of the present lease ..... it is to be noted that the appellate court while exercising jurisdiction under order 41 rule 5 of the code did have power to put the appellant tenant on terms. ..... since the special leave petitions are pending adjudication, we make it clear that directions made in the above-stated interlocutory applications herein are subject to the final outcome ..... act 2| slp(c) 4049 of 2020 respect of a lease that is yet undetermined; the claim is bad in law, illegal and arbitrary; the suit has been misvalued and the plaint is insufficiently stamped, ..... to adopt a reasonable and balanced approach while interpreting rent control legislations starting with an assumption that an equal treatment has been meted out to both the sections of the society. .....
Tag this Judgment!Court : Supreme Court of India
..... due to such defective material and/ or workmanship; f) the cost necessary for rectification or correction of any error during construction unless resulting in physical loss or damage 3 g) loss of or damage to files, drawings, accounts, bills, currency, stamps, deeds, evidence of debt, notes, securities, cheques, packing materials such as cases, boxes, crates; h) any damage or penalties on account of the insured's non-fulfilment of the terms of delivery or completion under this contract of construction ..... or any part thereof described in the 2 schedule be lost, damaged or destroyed by any cause, other than those specifically excluded hereunder, in a manner necessitating replacement or repair, the company will pay or make good all such loss or damage upto an amount not exceeding in respect of each of the items specified in the schedule the sum set opposite thereto and not exceeding in the whole the total sum insured ..... in parts was being carried out at that time 5.3.5 the query of the committee regarding position of m/s lbg-cowi in respect of applicability of clauses of aashto relating to segmentally constructed bridges to the design of lateral span p3-p4, was discussed with mr. ..... respondents for offences under sections 304/308 of the indian penal code, 1860. ..... outset, the ncdrc rejected the preliminary objection of the appellant that the summary jurisdiction under the consumer protection act, 1986 (hereinafter, the cpa ) is not appropriate for dealing with complicated questions of law and .....
Tag this Judgment!Court : Supreme Court of India
..... court in vvs rama sharma (supra) 28 interpretated rule 115a of the up stamp rules, 194232 (these rules were framed by the state government pursuant to rule- making powers given to states under sections 74 and 75 of the indian stamp act, 189933) read with the provisions of the indian stamp act, 1899.34 it was held that since the stamp rules have been framed under the central act, their scope is only to the extent provided in sections 74 and 75 and they cannot circumvent the provisions of the central act.35 in these facts, this court held that the ..... in that schedule, which, not having been previously executed by any person, is executed out of india on or after that day, relates to any property situate, or to any matter or thing done or to be done, in india and is received in india: schedule i of the central act, as adapted to the state of rajasthan, reads as follows: schedule i stamp duty on instruments (see section3) [in this schedule, given under the indian stamp act, 1899, only those articles are reproduced for which no specific provision is made in the rajasthan amending ..... powers to make rules relating to sale of stamps. ..... further, the letter also stated that these stamps are central government property and their supply and sale is not related to the state government. .....
Tag this Judgment!Court : Supreme Court of India
..... 1771 of 2005 for taking cognizance of offences under sections 420, 467, 468, 471, 477(a), 120(b) and 34 indian penal slp(crl. ..... undervaluation raises substantial questions regarding the intent behind these transactions, indicative of a deliberate scheme to evade appropriate stamp duties and registration fees, causing considerable loss to the state. ..... 3.4 in the year 2000, kishore chandra patnaik, through a general power of attorney2, granted anup kumar dhirsamant (accused no.5), a real 2 in short, gpa ..... despite adverse findings, the oea collector and subsequent judicial rulings set aside earlier decisions and reinstated the lease, albeit amidst allegations of document manipulation and improper ..... fir, the police initiated investigations that culminated in a chargesheet filed against ten individuals, including the present respondents, accusing them of engaging in a criminal conspiracy under sections 420, 467, 468, 471, 477a, 120b and 34 ipc. ..... 3.3 central to the allegations is a transaction involving the sale of land situated in the heart of bhubaneshwar, initially leased to one kamala devi under dubious circumstances before the independence ..... following the interpolation, dhirsamant executed sales of substantial portions of the land to the respondents at rates grossly undervalued, as per the market rates at the time and transactions that were finalized without proper scrutiny of the title's legitimacy or the ..... this act of forgery was a deliberate attempt to circumvent the legal procedure for .....
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