Court : Supreme Court of India
..... below in part: in exercise of the powers conferred by clause (a) of section 9 of the bombay stamp act, 1958 (born. ..... reading of the stamp act and the companies act would show that while the former governs the payment of stamp duty for all manner of instruments, the latter deals with all aspects relating to companies and ..... the amount invested in the company for it to carry out its operations while articles of association contain the prescribed rules and regulations that a company adopts for its internal management.2 when a company is incorporated it has to present certain documents, including its articles of association, to the registrar under section 33 of the companies act and if the registrar is satisfied that all necessary requirements have been complied with, he then registers the documents submitted ..... in delhi, the charging provision of the indian stamp (delhi amendment) act, 2007 which was under consideration of the ..... senior counsel for the respondent has relied on new egerton woollen mills, in re, 1899 scc online all 22, where the allahabad high court was faced with a similar question; as to whether stamp duty is payable on the document whereby alterations were made to articles of association. ..... registrar, notice of the increase of capital or of members within thirty days after the passing of the resolution authorising the increase; and the registrar shall record the increase and also make any alterations which may be necessary in the company's memorandum or articles or both. .....
Tag this Judgment!Court : Supreme Court of India
..... pradesh panchayat shiksha karmis (recruitment and conditions of service) rules, 1997 (hereinafter referred to as the recruitment rules ) were framed in exercise of the powers conferred by sub-section (2) of section 53, sub-section (1) of section 70 read with sub- section (1) of section 95 of the madhya pradesh panchayat raj adhiniyam, ..... . removal of office bearers of panchayat (1) the state government or the prescribed authority may after such enquiry as it may deem fit to make at any time, remove an office bearer (a)if he has been guilty of misconduct in the discharge of his duties; or (b)if his continuance in office is undesirable in the interest of the public: provided that no person shall be removed unless he ..... thus: the question therefore is not whether in this case the deputy clerk made any observation or offered any criticism which he might not properly have made or offered; the question is whether he was so related to the case in its civil aspect as to be unfit to act as clerk to the justices in the criminal matter ..... and the instant case is in point-where the error, irregularity or illegality touching jurisdiction or procedure committed by an inferior court or tribunal of first instance is so patent and loudly obtrusive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision ..... above said english principles having been adopted by the indian courts, the constitutional bench in the celebrated .....
Tag this Judgment!Court : Supreme Court of India
..... proceedings, the supreme court in in re: interplay between arbitration agreements under the arbitration and conciliation act,1996 and the indian stamp act,18993 delivered on 13.12.2023 has overruled the decision in nn global(supra). ..... the 7-judge bench had noted, inter alia, that the purpose of the stamp act,1899 is to protect the interests of revenue and not arm litigants with a weapon of technicality by which ..... made in these matters is whether the high court was correct in its decision to reject the objection under section 48(2)(b) of indian arbitration act against enforcement of the foreign award on the grounds of arbitral bias and violation of public policy. ..... cautioning against applying domestic standards at the enforcement stage, gary born29 emphasizing on the adherence to international standards, makes the following observation: in light of developing sources of international standards with regard to arbitrators conflict of interest, it should be possible to identify and apply ..... which has exclusive supervisory jurisdiction to determine claims for a remedy relating to the existence or scope of arbitrator s jurisdiction or the allegation ..... park, arbitrator bias (2015) tdm12 sumeet kachwaha, the rule against bias and the jurisprudence of arbitrator s independence and impartiality (2021) 17(2) aiaj10425 vibhu bakhru j, impartiality and independence of the arbitral tribunal in shashank garg(ed),arbitrator s ..... jurisdictions including the supreme court of india in renusagar power co. .....
Tag this Judgment!Court : Supreme Court of India
..... so far as the allegation of the accused appellant that he did not receive the notice under section 138 of the ni act is concerned, it would be for the appellate court while deciding the appeal to examine such issue based on the evidence available on record and thus, there was no requirement for the appellate court to have exercised power under section 391 crpc for summoning the official from the post office and had rightly rejected the application ..... hence, in an appropriate case, the certified copy of the specimen signature maintained by the bank can be procured with a request to the court to compare the same with the signature appearing on the cheque by exercising powers under section 73 of the indian evidence act, 1872. ..... at the outset, we may note that the law is well-settled by a catena of judgments rendered by this court that power to record additional evidence under section 391 crpc should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the facts giving rise to such prayer came to light at a later stage during pendency of the appeal ..... maturity; (d) as to time of transfer: that every transfer of a negotiable instrument was made before its maturity; (e) as to order of indorsements: that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon; (f) as to stamps: that a lost promissory note, bill of exchange or cheque was duly .....
Tag this Judgment!Court : Supreme Court of India
..... .: interplay between arbitration agreements under the arbitration and conciliation act, 1996 and the indian stamp act, 1899 w i t h arbitration petition no.25 of2023judgment sanjiv khanna, j.i respectfully agree with the view expressed by the hon ble the chief justice of india dr. d.y ..... was with the specific object and purpose and is relatable to by substitution of sub-sections (12), (13) and (14) of section 11 of the arbitration act by act 33 of 2019, which, vide sub- section (3-a) stipulates that the high court and this court shall have the power to designate the arbitral institutions which have been so graded by the council under section 43- i, provided where a graded arbitral institution is not available, the high court concerned shall maintain a panel of arbitrators for discharging the function and thereupon ..... the doctrine of kompetenz-kompetenz (also known as competence- competence), as originally developed in germany, was traditionally understood to imply that arbitrators are empowered to make a final ruling on their own jurisdiction, with no subsequent judicial review of the decision by any court.116 however, many jurisdictions allow an arbitral tribunal to render a decision on its jurisdiction, subject to substantive judicial review.117116. ..... . page 22 of 25 and consideration of the contract is not illegal as in the case of sale/ purchase of securities and payment of price, the contract will not be void on the ground of being opposed to public policy .....
Tag this Judgment!Court : Supreme Court of India
..... court held that the plaintiffs had succeeded in proving the execution of the will in terms of the provisions under section 63 of the indian succession act, 1925 (for brevity, the succession act ) and section 68 of the indian evidence act, 1872 (for short, the evidence act ). ..... , virtually not discernible, from the will as to why some of the children were dis-inherited by the testatrix; (iv) non-examination of the material witnesses including the advocate who prepared the draft will and; (v) sale of some of the properties by the plaintiffs after the death of the testatrix, but before the grant of probate of the will. 67. ..... hasten to add that we shall not be understood to have held that failure of the party/parties to plead suspicious circumstances 25 would automatically make the court to take a will as validly proved even where the circumstance(s) raising doubt is inherent in the document. ..... written statement with leave of the court under order 8, rule 9 pleading the invalidity of the will propounded by the ..... the allegation of prominent participation as relates execution of a will suggests some kind of influential interference on the ..... had elaborately considered the essential legal requirements to prove a will and 1 2023 scc online sc14888 ultimately held that mere registration of a will would not attach to it a stamp of validity and it must still be proved in terms of the legal mandates under the said provisions of section 63 of the succession act and section 68 of the evidence act.10. .....
Tag this Judgment!Court : Supreme Court of India
..... created by section 35 of the indian stamp act 18991 applies to the 1 hereinafter referred to as stamp act 1-civil appeal ..... .) and reiterated in several decisions of this court as well as english courts, is that all statutes other than those which are merely declaratory or which relate only to matters of procedure or of evidence are prima facie prospective 11 (2007) 9 scc66512 (1976) 1 scc90611-civil appeal no.4910 of 2023 and if the ..... following cases- (a) when the original is shown or appears to be in the possession or power- of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such a person does not produce it; (b) when the existence, condition or contents ..... be admitted in evidence on payment of the duty with which the same is chargeable or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient ..... be admitted as secondary evidence under the stamp act, 1899.39 ..... were brought in whereby agreements of sale acknowledging delivery of possession are ..... . now it is a well-settled rule of interpretation hallowed by time and sanctified by judicial decisions that, unless the terms of a statute expressly so provide or necessarily require it, retrospective operation should not .....
Tag this Judgment!Court : Supreme Court of India
..... the proviso inserted in section 68 by act 31 of 1926 dispenses with the mandatory requirement of calling an attesting witness in proof of the execution of any document to which section 68 applies if it has 6 (2003) 12 scc3518 been registered in accordance with the provisions of the indian registration act, 1908 unless its execution by the person by whom it purports to have been executed ..... , noted by the bench that there may be cases in which the execution of the will is surrounded by suspicious circumstances and the same would naturally tend to make the initial onus very heavy and unless it is satisfactorily discharged, courts would be reluctant to treat the document as the last will of the testator.23. ..... the bench found that no invitations were sent to the brotherhood, friends or relations and no publicity was given to the adoption, rendering it difficult to believe ..... to state, mere registration of a will does not attach to it a stamp of validity and it must still be proved in terms of the above ..... that presumptions of law may be either irrebuttable, so that no evidence to a contrary may be given, or rebuttable, and a rebuttable presumption of law is a legal rule to be applied by the courts in the absence of conflicting evidence. ..... testator/testatrix, as the case may be, at the time of testing the document for its validity, would not be available, stringent 5 (2015) 8 scc61517 requisites for the proof thereof have been statutorily enjoined to rule out the possibility of any manipulation. .....
Tag this Judgment!Court : Supreme Court of India
..... on 19 october 2023 since the following three money bills were to be introduced : (i) the punjab fiscal responsibility and budget management (amendment) bill, 2023; (ii) the punjab goods and services tax (amendment) bill 2023; and 2 rules of procedure 4 (iii) the indian stamp (punjab amendment) bill 2023 the recommendation of the governor was required in terms of the provisions of article 207(1) of the constitution for the introduction of the bill in the vidhan sabha.6. ..... governing the vidhan sabha, in reconvening the sitting of the assembly on 19 and 20 june 2023 under the second proviso to rule 16; 7 (d) regulating the rules of procedure and the conduct of business in the house lies within the sole discretion of the speaker; (e) the governor as a symbolic head of state did not act within the scope of his constitutional powers in coming to the conclusion that reconvening of the session of the vidhan sabha in june 2023 was unconstitutional, thereby rendering ..... the concluding phrase shall not withhold assent therefrom is a clear indicator that the exercise of the power under the first proviso is relatable to the withholding of the assent by the governor to the bill in the first instance. ..... article 208 of the constitution provides that a house of the legislature of a state may make rules for regulating, subject to the provisions of the constitution, its procedure and the conduct of its business. .....
Tag this Judgment!Court : Supreme Court of India
..... we are inclined to accept the argument of the appellant that the language of section 162, criminal procedure code, though wide, is not explicit or specific enough to extend the prohibition to the use of the wide and special powers of the court to question a witness, expressly and explicitly given by section 165 of the indian evidence act in order to secure the ends of justice. ..... or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper: provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: provided further ..... on examination of her entire evidence, including cross-examination, it is evident that every fact relating to the occurrence was reiterated in the cross examination, but nothing could be doubted on her ..... but even otherwise no hard and fast rule can be laid down prohibiting such pleas being raised in appeals under article 136 ..... the wholesale changes in 1999 of the rules governing civil procedure has emphasized the interventionist role of the modern ..... : a fair trial is one in which the rules of evidence are honored, the accused has competent counsel, and the judge enforces the proper court room procedures - a trial in which every assumption can be .....
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