Court : Karnataka
Reported in : AIR1991Kant392; 1991(2)KarLJ1
..... whether it is a settlement liable to duty under article 48 of the schedule to karnataka stamp act, 1957 read with section 2(1)(q)(iii).3. ..... jayachandra setty vehemently argued before this authority that the instrument in question is only a declaration of trust chargeable to stamp duty under article 54 of the schedule to karnataka stamp act, 1957 basing his argument mainly on the full bench decision of the madhya pradesh high court in digambar jain v. ..... to establish, within the state of karnataka schools, colleges & hostels;xxx xxx xxx ii. ..... the chief controlling revenue authority in turn in the order of reference has stated the case thus :--'the author of the trust is the president of the national education society in karnataka, a society registered under the mysore state registration act, 1904, now called karnataka state societies registration act, 1960. ..... on the case stated, the chief controlling revenue authority has sought for the opinion of this court under section 54(1) of the act on the following questions :'i. ..... as stated in the preamble, is to make provision for improving the legal condition of societies established for the promotion of literature, science, or the fine arts or for the diffusion of useful knowledge, the diffusion of political education, or for charitable purposes.under the provisions of the act, any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in s. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR2413
..... further, it is stated that the 3rd respondent has referred the instrument to the 2nd respondent alleging that there is under valuation, without registering the document as per section 45a of the karnataka stamp act. ..... the entire process of estimating the market value of the property under section 45b of the act and thereafter compelling the citizen to pay the stamp duty alleging that the market value of the property is higher than the consideration indicated in the instrument and accordingly make a demand for payment of additional stamp duty and further, if the demand is not satisfied the process of keeping the registration pending, is beyond the scope and object of the registration act and the stamp act. ..... . just because certain conditions are imposed to pay the market value of the property to be registered and thereby for such purposes if the document is not registered until such market value is paid, it cannot be said that it will take away the effect of the registration act nor the stamp act can be said to be in conflict with the provisions of the registration act as if the stamp act is overriding the provisions of the registration act .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR1041
..... 1 of 1988 is set out below :a document described as the 'deed of trust' executed by the president of the national education society of karnataka (registered), basavangudi, bangalore, was presented before the deputy commissioner for stamps under section 31 of the karnataka stamp act, 1957 (for short 'the act'), for adjudication as to the proper stamp duty payable on the said instrument. ..... whether it is a settlement liable to duty under article 48 of the schedule to the karnataka stamp act, 1957, read with section 2(1)(q)(iii) 3. ..... whether it is a settlement liable to duty under article 48 of the schedule to the karnataka stamp act, 1957, read with section 2(1)(q)(iii) 3. ..... (2) the instruments are liable to stamp duty under article 48 of the schedule to the act read with section 2(1)(q)(iii) of the act. 29. ..... srinivasa murthy, argued and filed a written statement before this authority stating that the instrument in question fully answers the definition of a trust chargeable to stamp duty under article 54 of the schedule to the karnataka stamp act, 1957. ..... manjula devi, the learned government advocate for the applicant-revenue, contended that the instruments in question are liable for stamp duty under article 48 of the schedule to the act, keeping in view the very terms contained in the instruments and the fact that the properties belonging to the societies are sought to be transferred in favour of the trust. 20. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3102; 1991(2)KarLJ432
..... it is stated that by virtue of several notifications issued under section 9 of the karnataka stamp act, 1957 (hereinafter referred to as the 'act') the state government exempted both state and central, government employees from paying stamp duty on mortgage deeds to be executed by them. ..... any instrument chargeable with duty has not been duly stamped, the chief controlling revenue authority or any other officer authorised by the state government (hereinafter referred to as the authorised officer) may, within (five years) from the date of commencement of the karnataka stamp (amendment) act, 1980 or the date on which the duty became payable whichever is later, serve notice on the person by whom the duty was payable requiring him to show cause why the proper duty or the amount required to make up the same should not be collected from him: provided that where the non-payment ..... upon by them having been repealed, their rights are affected, cannot be sustained and hence the contentions taken by the petitioners are liable to be rejected -because the petitioners did not have any such vested right to seek exemption from payment of stamp duty as it is left to the wisdom of the legislature - state and in the instant case the legislature - state of karnataka having taken the view that such concession in regard to the persons like petitioners was uncalled for, by the notification, referred to above, the state of karnataka amended the provision of section 46a putting an end to such concession. 8. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2007Kant77; 2007(4)KarLJ189; 2007(4)KCCRSN252; 2007(2)AIRKarR530; AIR2007Kant77
..... of the stamp act.section 2(e) of the stamp act, 1957 defines the word 'duty stamped' as applied to an instrument means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in the territories of the state of karnataka.similarly, 'market value' under section 2(mm) means'market value' in relation to any property which is the subject matter of an instrument, means the price which such property would have fetched if sold in open market on the date of execution of such instrument or the consideration stated in the instrument whichever is higher.further the unamended section ..... the entire process of estimating the market value of the property under section 45b of the act and thereafter compelling the citizen to pay the stamp duty alleging that the market value of the property is higher than the consideration indicated in the instrument and accordingly make a demand for payment or additional stamp duty and further, if the demand is not satisfied the process of keeping the registration pending, is beyond the scope and object of the registration act and the stamp act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR1892; 2004(3)KarLJ310
..... insofar as the payment of stamp duty under the provisions of the karnataka stamp act, 1957 is the state enactment which has received the assent of the president and therefore, the provisions the stamp act shall prevail over the unamended and amended provision of section 38 of the kcs act, as the unamended provision is inconsistent with the provisions stamp act, as it is the special enactment over the proviso section 38 of the kcs act regarding payment of stamp duty and registration fee upon the instruments as they are compulsorily registerable under the provisions of the registration act. ..... bhat that there was certain procedural irregularities in inserting the proviso to section 38 by way of amendment by the state as it has circumvented the legislative procedure and the state legislature has targeted only the housing co-operative societies in the state which amounts to hostile discrimination and further stated that the amendment to section 38 introduced a new classification of co-operative societies by excluding the petitioners-societies from the exemption granted earlier under the unamended provisions of section 38 of the act with regard to application of the provision of the registration act and stamp act and rules, which action of state legislature amounts to step motherly treatment to these ..... . for the reasons stated supra, there is no merit in these petitions and these petitions are liable to be dismissed.29 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2004Kant297; ILR2004KAR1467; 2004(4)KarLJ147
..... whether all the sheets of court fee stamp papers involving 1174 sheets have to be defaced either by affixing the signature of the plaintiff or by his counsel so as to comply with the requirement of section 13 of the karnataka stamp act, 1957? ..... such court fee stamp papers are produced, the purpose of defacing is to see that it is not used in any other case as contemplated under section 13 of the karnataka stamp act 1957. ..... therefore, the requirements of section 13 of the karnataka stamp act, 1957 have been complied ..... , it satisfies the requirement of section 13 of the karnataka stamp act, 1957. ..... the karnataka court fees and suits valuation act, 1958 provides for levy of court fees on the basis of the relief claimed under the act and the same is a revenue to the state ..... instruments stamped with impressed stamps how to be written; every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.'8 ..... instead of complying with the order of this court dated 18.3.2003 the learned advocate for the plaintiff filed a memo stating that there is no provision under any law to put the signature either by the plaintiff or advocate for the plaintiff and insisted the court to show such provision.it is common knowledge that the plaintiff or his advocate shall sign on all the case papers with date and there is no need to show any such provision in this regard .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(3)KarLJ377
..... . therefore to sum up, the position would be that for the reasons stated above, the respondent was justified in treating the instruments involved in the present cases as conveyance and impounding the same under section 33 of the stamp act for the purpose of recovering the stamp duty vide the orders dated 17-4-2004, 22-7-2004, 20-9-2004, 24-9-2004, 16-10-2004, 24-1-2005, 27-1-2005 and 31-3-2005 respectively but the method of determination of the market value, stamp duty and the penalty are not sustainable and to that extent, the same requires reconsideration.22 ..... the petitioners have not derived any title and as such the said documents cannot be classified as 'conveyance' to attract stamp duty in terms of article 20(2) of the karnataka stamp act, 1957 ('stamp act' for short). ..... though some original members have not transferred and though it is stated that they do not claim title to the property under the said document, the subsequent transfers made by some members, the manner in which transactions have occurred and the way in which it is dealt with by the society as noticed earlier would only be a pointer to determine the nature of interest created by the documents executed by the society to the member and merely because certain members have not claimed or exercised such right thus far cannot .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR3716
..... section 34 of the karnataka stamp act, 1957, deals with instruments not duly stamped and inter alia provides that no instrument which is chargeable to duty shall be admissible in evidence for any purpose or shall be acted upon, registered or authenticated by any person or by any public officer unless such instrument is duly stamped. ..... section 34 of the karnataka stamp act, 1957, deals with instruments not duly stamped and inter alia provides that no instrument which is chargeable to duty shall be admissible in evidence for any purpose or shall be acted upon, registered or authenticated by any person or by public officer unless such instrument is duly stamped. ..... suffice it to say that there is no conflict between what is permitted by the proviso to section 49 of the registration act on the one hand and section 34 of karnataka stamp act, 1957, on the other. ..... it inter alia provides for payment of the duty with which the same is chargeable or in the case of an instrument insufficiently stamped, the amount which is required to make up such duty - together with the prescribed penalty. ..... where an unstamped document is admitted in proof of some collateral matter it is certainly admitted in evidence for that purpose which the statute has prohibited. ..... state of gujarat 2001 cri.l.j. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR781; 2003(6)KarLJ273
..... the sanction of the commissioner levy- (a) a duty on transfers of immoveable property, in the shape of an additional stamp duty; (7) the duty on transfers of immoveable property (hereinafter in this section referred to as 'transfer duty') shall be levied in the form of a surcharge on the duty imposed by the karnataka stamp act, 1957, on instruments of sale, gift, mortgage, exchange and lease in perpetuity, of immoveable property situate within the limits of the taluk board at a rate not exceeding three per centum on, as the case may be, the amount of the consideration for the sale, the value of the property in the case of a gift, or the amount secured by the mortgage, the value of the property of the greater value in the case of exchange, or the value of the ..... the deed dated 5-6-1985 was presented for registration on 6-6-1985 before the sub-registrar, ponnampet, kodagu and registered on payment of the above said stamp duty and registration fee. .....
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