Judgment Search Results Home > Cases Phrase: karnataka stamp act 1957 section 22 effect of statement of rate of exchange or average price Page 1 of about 402 results (0.193 seconds)

Intercontinental Hotels Group (india) Pvt. Ltd. Vs. Waterline Hotels P ...

Court : Supreme Court of India

..... in accordance with section 2(6) of the indian stamp act, 1899, the stamping of the hma would be governed by the karnataka stamp act, 1957 ( karnataka stamp act ) because the hma was first executed in bengaluru, the place of performance is bengaluru and the subject matter of the hma is situated in ..... purportedly in furtherance of this hon ble court s order dated 02.03.2020, the petitioners have filed a completely different set of 11 e stamp papers of rs.200/ each all dated 10.06.2020 this time classifying the agreement under article 5(j) of the schedule to the karnataka stamp act, 1957 and annexing the hma dated 07.08.2015 therewith, under the 12 above cited application seeking permission to file additional documents being i.a d. ..... no.subinkakabacsl0850557522508599r dated 29.07.2020 for rs.2,200/ classifying the hma as bond under article 12 of the schedule to the karnataka stamp act, 1957 and the consideration prices as zero .5. ..... pendente lite and future interest on all sums awarded to it at such rate as the tribunal may deem fit, in accordance with rule 32.9 of the siac rules and arbitration & conciliation act, 1996; d.award of costs from the respondent and interest on the costs awarded, till payment. ..... 244.5.2 whether the arbitration agreement was contained in exchange of letters, telecommunication etc?. ..... other future sums towards damages and as may fall due under the management agreement and as the claimants may put forth before the hon ble tribunal in its statement of case. c. .....

Jayalakshmi Reddy Vs. Thippanna and ors.

Court : Karnataka

Reported in : ILR2002KAR5163; 2003(5)KarLJ263

..... article 5(e)(i) of the schedule of karnataka stamp act, 1957 states that possession of the property is delivered or is agreed to be delivered without executing the conveyance, the proper stamp duty is the same duty as a conveyance (no. ..... but, i am afraid that the document, which is insufficiently stamped, cannot be permitted to be used for collateral purpose in view of section 34 of the karnataka stamp act which clearly prescribes that no instrument chargeable with duty shall be admitted in evidence for any purpose. ..... still by reason of the fact that under the terms of the agreement there is an intention of sale and possession of the property has also been delivered, it is certainly open to the state to charge such instruments at a particular rate, which is same as a conveyance on the market value of the property, and that is exactly what has been done in the present case. ..... 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 portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion; (b) where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the .....

Shetty's Construction Company Private Limited, Rep. by Its Managing Di ...

Court : Karnataka

Reported in : AIR2004Kant297; ILR2004KAR1467; 2004(4)KarLJ147

..... therefore, the requirements of section 13 of the karnataka stamp act, 1957 have been complied with. ..... when 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. ..... 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? ..... , it satisfies the requirement of section 13 of the karnataka stamp act, 1957. ..... section 13 of the karnataka stamp act, 1957 reads thus ..... therefore, if the requirement of section 13 of the karnataka stamp act is complied, it suffices the ..... in the present case neither the plaintiff nor the plaintiff's counsel have signed the stamp papers, but it is clear that the cause title of the parties have been duly ..... 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 ..... the matter connected with the suit claim or the names of the parties were to have been typed, it would amount to cancellation of the stamps which cannot be used for any other purpose by any of the parties. ..... learned counsel sri jayavittala rao kolar contended that all the stamp papers have been duly defaced by typing the cause title of the ..... 000/- as per the karnataka court fees and suits valuation act. .....

Thomson Plantations (India) Private Limited Vs. the Senior Sub-registr ...

Court : Karnataka

Reported in : ILR2006KAR164; 2006(1)KarLJ403

..... that the petitioner is required to pay the stamp duty under article 15 of the karnataka stamp act, 1957 on the ground that when the copy of the sale certificate is sent by the recovery officer for the purpose of filing in book i as required under section 39(4) of the registration act.9. ..... the sub-registrar cannot demand either the petitioner or the tax recovery officer to pay the stamp duty under article 15 of the karnataka stamp act, 1957, since no original sale certificate has been produced before the sub-registrar requesting him to register ..... by the purchaser for the purpose of registration, then in such circumstances, the sub-registrar is entitled to demand the purchaser to pay the stamp duty under article 15 of the karnataka stamp act, 1957, but, in the instant case, the petitioner being the purchaser has not presented the document for registration. ..... the petitioner that even though sale certificate directs stamp duty as per article 15 of the karnataka stamp act, 1957, since the said document is not presented by the petitioner for the purpose of registration before the sub-registrar, mercara, the question of demanding the stamp duty from the petitioner would not arise for ..... receipt of copy of the sale certificate from the debts recovery tribunal directed the petitioner to pay the stamp duty as required under article 15 of the karnataka stamp act, 1957 and addressed a letter to the debts recovery tribunal to recover the stamp duty from the purchaser and remit the same to him. .....

K.B. Jayaram and anr. Vs. Navineethamma and ors.

Court : Karnataka

Reported in : AIR2003Kant241; 2003(3)KarLJ225

..... section 34 of the karnataka stamp act, 1957, inter alia provides that no instrument chargeable with duty shall be admitted in evidencefor any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped. ..... what is significant is that the document was executed after the amendment to the karnataka stamp act, 1957, whereby an agreement relating to sale of immovable property wherein, possession of the property is delivered or is agreed to be delivered, would attract the same stamp duty as is payable on a conveyance at no. ..... the present appeal, the appellants have questioned the order passed by the trial court insofar as it made the continuance of the injunction against the defendants-respondents, herein dependent upon the payment of stamp duty and the penalty in accordance with the provisions of the karnataka stamp act. 2. ..... follows that the agreement to sell relied upon by the plaintiffs-appellants was required to be stamped in accordance with the provisions of article 5(e) as amended read with article 20 of the karnataka stamp act. ..... there is nothing in the scheme of section 34 or the stamp act to show that a document which is either unstamped or under-stamped can be made use of for purposes of issue of an injunction or for grant of any other interlocutory ..... a reading of section 33 of the stamp act also lends support to that .....

A. Ramakrishna Vs. State Government Rep. by the Secretary to Revenue D ...

Court : Karnataka

..... in the light of the above government order, the state government has passed the impugned government order in exercise of its powers under section 52-a of the karnataka stamp act, 1957 directing refund of stamp duty paid by the petitioner by deducting at the rate of 25 paise per rupee. ..... purchased by such person with a bona fide intention to use them; and (b) that he has paid the full price thereof; and (c) that they were so purchased within the period of [one year] next preceding the date on which they were so delivered; provided that, where the person is a licensed vendor of stamps, the deputy commissioner may, if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction ..... rule 193(i) of the karnataka registration rules, 1965 states that before an order of registration is passed, if the party makes a request in writing to the registering officer seeking to withdraw the document from being registered, then the officer concerned may pass an order to that effect permitting such withdrawal, whereupon, one half of the registration fee and all the copying fees in respect of such document can be refunded. .....

Mahadeva Vs. the Commissioner, Mysore City Corporation and ors.

Court : Karnataka

Reported in : AIR2003Kant217; ILR2003KAR1653; 2003(1)KarLJ518

..... that being the position, the direction issued by the court below for payment of the duty and penalty in terms of proviso to section 34 of the karnataka stamp act, 1957 was untenable for, having regard to the fact that, any insistence upon payment of stamp duty and the penalty in respect of a document being let into evidence only for a collateral purpose would in substance amount to preventing the use of the document for a purpose for which it could under the ..... short question that falls for consideration in these revision petitions is whether the trial court was justified in demanding the payment of duty and penalty in terms of section 34 of the karnataka stamp act, 1957 on an unregistered and unstamped sale deed relied upon by the petitioner as a condition precedent for letting the same into evidence in proof of a collateral transaction. ..... the following passage in this regard is apposite: 'the words 'for any purpose' in section 35 of the stamp act, should be given their natural meaning and effect and would include a collateral purpose. ..... section 49 of the registration act, 1908, stipulates the effect of non-registration of documents which are under section 17 of the said actcompulsorily registrable ..... to the same effect are the decision of the supreme court in padma vithoba chakkayya v ..... it permits an unregistered document affecting immovable property to be received among others for the purpose of proving any collateral transaction not required to be effected by a registered instrument. .....

Sakamma Vs. Pavadi Gowda and ors.

Court : Karnataka

Reported in : ILR1998KAR3842

..... when once a document is admitted in evidence rightly or wrongly, section 35 of the karnataka stamp act bars any objection to the admissibility of the document at a later stage in the same proceedings or otherwise. ..... proviso to section 34 of the karnataka stamp act deals with the situation of the nature in question and reads as follows:'34...............provided that (a) any such instrument not being an instrument chargeable with a duty not exceeding fifteen paise only, or a mortgage of crop (article 35(a) of the schedule chargeable under clauses (a) and (b) of section 3 with a duty of twentyfive paise shall, subject to all just exceptions, 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 ..... sections 34 and 35 of the karnataka stamp act is intended to effectuate the intention of the legislature by barring the admission of document unless the requisite stamp duty is paid along with the stipulated penalty. ..... in the instant case section 61 of the karnataka stamp act is inapplicable. ..... the only exception is section 61 of the karnataka stamp act. ..... in the instant case, the karnataka stamp act, or any enactment providing for recovery of stamp duty on specific instruments, is a fiscal enactment intended to secure to the state specified stamp duty. .....

Dundappa Vs. Subhash Bhimagouda Patil and Others

Court : Karnataka Dharwad

..... on the other hand, the lower appellate court while remanding the matter could have only stated to re-consider ex.p-1 and p-2 in the light of sections 33 to 37 of the karnataka stamp act, 1957 and re- appreciate the evidence after hearing arguments of the parties afresh. ..... 55 and discussing the provisions under section 33, 34, 35, 36, 37 and 41 of karnataka stamp act 1957, this court by then hon'ble lordship n.kumar, judge, was pleased to observe in para no.6 of the judgment as below: "6. ..... the lower appellate court has further observed at two more places in its judgment, that even after appearing through their counsels, appellants/defendant nos.3, 4 and 5 before it, did not file their written statement though sufficient opportunity was given to them, very importantly in its judgment at page 17, para no.25, the lower appellate court has observed as below: "no doubt in spite of sufficient opportunity, the appellants have not contested the suit ..... (viii) whether the plaintiff further proves that he is alternatively entitled for recovery of rs.2,50,000/- from the defendant no.1 and 2 at the rate of 15% per annum from die date of execution of agreement of sale deed till its realization? ..... (iii) whether the plaintiff further proves that the defendant no.1 and 2 have again taken rs.20,000/- from the plaintiff on 25.10.2007 and executed the receipt to that effect? .....

Tukaram Ganu Pawar Vs. Chandra Atma Pawar

Court : Karnataka

..... the question of admissibility (with reference to section 34 of the karnataka stamp act, 1957 or section 35 of the indian stamp act, 1899 and section 49 of the registration act, 1908) will have to be decided by reading the document and deciding its nature and classification. ..... called upon the party to pay duty and penalty, if the same was to be considered for purposes of arguments on an application for temporary injunction and it is in this light of the matter, the trial court had proceeded to interpret sections 33 and 34 of the karnataka stamp act, to hold that if the document is not duly stamped, the same cannot be looked into for any purpose including the consideration of an application for temporary injunction.10. ..... the difference between section 34 of the karnataka stamp act and section 49 of the registration act should also be borne in mind. ..... when this is so, the stamp duty attracted in respect of such an agreement evidencing delivery of possession, is as provided with effect from 15-4-1995, under article 5(e) read with article 20 of the schedule to the karnataka stamp act, 1957 (hereinafter referred to as 'the stamp act'). ..... it is clear from order 13, rule 2 of he cpc read with section 145 of the indian evidence act, 1872 that what can be produced during cross-examination, to confront a witness to contradict him, is only his previous statement in writing or reduced into writing. .....