Judgment Search Results Home > Cases Phrase: karnataka stamp act 1957 section 22 effect of statement of rate of exchange or average price Page 9 of about 402 results (0.332 seconds)

Pasalu Thimmappa Vs. Karnataka Appellate Tribunal

Court : Karnataka

Reported in : ILR1994KAR1367; 1994(1)KarLJ379

..... the rules framed under the karnataka agricultural credit operations and miscellaneous provisions act, 1974, is a simple mortgage for the purpose of stamp duty to be collected under the karnataka stamp act or not. ..... therefore, it does not amount to simple mortgage, but an agreement to deposit the title deeds and the karnataka agricultural credit operations and miscellaneous provisions act is a special enactment providing for a special procedure for borrowing monies and therefore, the provisions of the stamp act does not attract the transaction and even, if it does, the transaction in question is only a deposit of title deeds and therefore, the duty could be imposed 'only under item no,6 of ..... (here specify the name of the credit agency) makes this declaration as required by section 6 of the karnataka agricultural credit operations and miscellaneous provisions act, 1974 that i own land, immovable property or hold land as specified in the schedule below and i hereby mortgage create a charge on such land/immovable property in ..... clearly a case of mortgage, because there is borrowing of money and offer of security of certain immovable property in terms of section 2(1)(n) of the act. ..... section 2(1)(n) of the act reads as follows:''mortgage deed' includes every instrument whereby for the purpose of securing money advanced or to be advanced or to be advanced by way of loan, or an existing or further debt, or the performance of an engagement, one person transfers, or creates, to or in favour .....

Prakash Leasing Limited Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2002KAR1386; 2002(1)KarLJ517

..... third respondent, a copy of which has been produced as annexure-g to the writ petition, and also has prayed for a further direction to the third respondent to issue a fresh registration certificate in terras of the provisions contained in sub-section (5) of section 51 of the motor vehicles act (hereinafter referred to as 'the act'), without insisting upon the petitioner for payment of stamp duty in terms of article 20(3)(a) of the karnataka stamp act, 1957. 3. ..... 20th october, 1997, which is impugned in this petition, informed the petitioner that the application filed by the petitioner to issue fresh registration certificate would be considered and disposed off only on the petitioner paying the stamp duty as provided under article 20(3)(a) of the karnataka stamp act as amended by means of act no. ..... light of the rival contentions advanced by the learned counsels appearing for the parties, the only question that would arise for consideration is as to whether the parties who are entitled for the benefit of sub-section (5) of section 51 of the act, are required to pay the stamp duty as provided under article 20(3)(a) of the stamp act? 8. ..... under these circumstances, as noticed by me earlier, the question is whether the provisions of article 20(3)(a) of the stamp act can be made applicable in cases falling under sub-section (5) of section 51 of the act? .....

C.K. Ravi Prasanna S/O Late C.P. Krishnappa Gowda Vs. T.K. Gowramma W/ ...

Court : Karnataka

Reported in : ILR2007KAR2807; 2007(5)KarLJ344; ILR2007(3)Kar2807; 2007(5)KLJ344; 2007(3)KCCRSN121; 2007(4)AIRKarR509; AIR2007NOC1909.

..... thus, though both section 34 of the stamp act (corresponding to section 35 of the indian stamp act) and section 49 of the registration act, both bar the document being received as evidence, the bar is absolute under stamp act (unless deficit duty and penalty is paid) and the bar is not absolute under registration act,therefore under section 34 of the karnataka stamp act there is a bar for a document being received in evidence and the same is absolute ..... section 49 provides that an unregistered instrument may be received as evidence of a contract in a suit for specific performance or as evidence of part performance of a contract for the purpose of section 53a of transfer of property act or as evidence of any collateral transaction not required to be effected ..... on the other hand, section 49 of the registration act which deals with the effect of non registration of documents provides that if a document which is required to be registered under law is not registered, then such document shall not affect any immovable property comprised therein, nor ..... appearance before the trial court, filed written statement denying the agreement of sale and opposed the ..... show the nature of her possession subsequent to it would be to treat it as operating to destroy the nature of the previous possession and to convert what had started as adverse possession into a permissive possession and, therefore, to give effect to the agreement contained in it which admittedly cannot be done for want of registration. .....

Raj Trust and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : AIR2001Kant472; ILR2001KAR5501

..... answer the above said questions, i have carefuly examined the provisions of both unamended and amended provisions of the act of 1957 which are extracted as hereunder,'unamended provisions of the karnataka stamp act, 1957:--section 45-a:-- instrument of conveyance etc. ..... manner as the state government may by rules prescribe, determine by order (as far as may be within ninety days from the date of receipt of the reference) the market value of the property which is the subject-matter of conveyance, (exchange, gift, settlement, partition, dissolution of partnership (release), an agreement to sell covered under sub-clause (i) of clauses (e) and (f) of article 5, a lease covered under item (iv) of sub-clause (a), item (ii) of sub-clause (b), item (ii) of sub-clause ec) of clause (i) of article 30 (of ..... it is submitted by the learned counsel for the petitioners that the amended provisions of the act and rules are not applicable unless the same have been expressly provided in the statute, to the effect that the amended provisions of the act will have retrospective effect and the rights conferred upon the parties under the amended provisions of the act and rules. ..... shobha paul, learned hcgp has filed statement of objections in some of the writ petitions and adopted the same in the remaining petitions, justifying the impugned ..... cases, the concerned jurisdictional district registrars have issued notices along with provisional orders for which some of them have filed statement of objections. .....

K. Anjaneya Setty Vs. K.H. Rangiah Setty

Court : Karnataka

Reported in : AIR2002Kant387; ILR2002KAR3613; 2002(4)KarLJ551

..... in fact, section 35 of the karnataka stamp act clearly sets out that an objection regarding insufficiency of stamp duty is to be raised at the time of marking and if such an objection is raised, the court shall decide the said objection before receiving the said document in evidence and such ..... of a document under the stamp act has to be challenged at that stage itself and therefore is revisable under section 115 of the civil procedure ..... be produced in evidence was produced in the earlier suit between the parties and the plaintiff herein objected to the said document on the ground of the same being insufficiently stamped and not registered and after considering the rival contentions the said objection was overruled and the said document was marked and therefore that finding operates as res judicata in the ..... when there is a decline by the court to permit the party to confront the statement made in the affidavit to the maker thereof, the order certainly disposes of the right claimed by the ..... section 115 of the civil procedure code which confers a supervisory role on this court has to be exercised at an interlocutory stage prior to judgment and decree and against orders which are not covered under order 43 of the cpc and would have the effect ..... taken in the context of the facts of the particular case, the nature of the document and the effect of either admission of a document or refusing to admit the said document. ..... thereafter, defendant refused to effect partition of 'a' schedule properties .....

Purushottam Lal Singla and ors. Vs. State of Karnataka and ors.

Court : Karnataka

..... hence, the petitioners have filed this petition seeking a direction to the registering officer to refer the sale deed dated 12.4.1996 to the deputy commissioner, under section 45a of the karnataka stamp act, 1957 for determination of market value by using an authenticated copy of the sale deed and seeking a direction to deputy commissioner to determine the value of the property within a reasonable time.4. ..... according to the petitioners, third respondent (the registering officer) informed them that the document was undervalued and he intended to refer the sale deed for fixation of market value under section 45-a of the karnataka stamp act, 1957 ('act' for short) to the second respondent(deputy commissioner). ..... these points therefore arise for consideration:(a) whether a reference can be made by the registering officer under section 45a of the karnataka stamp act, 1957, even before the registration formalities are completed. ..... rule 4 of under valuation rules provides that on receipt of a reference under section 45a(1) of the act from the registering officer, the deputy commissioner shall issue notice to the parties, record their statements and for the purpose of his enquiry, also inspect the property after due notice to the parties concerned. .....

Oriental Insurance Co. Ltd. Vs. Prakash Road Lines (P) Ltd.

Court : Karnataka

Reported in : ILR1987KAR3511

..... section 35 of the karnataka stamp act bars from raising such objection at any later stage of the same proceedings ..... benches of the same high court had differed from that view, regard being had to the provisions of section 52 of the marine insurance act and clauses(1) and (2) of section 135-a of the transfer of property act and had held that the suit by the insurance company without impleading the insured as a party was ..... now, as in this case, where an insurance company has been subrogated to all the rights and the remedies of the assured by virtue of section 135-a, the reason for the rule against assignment of a mere right to sue does not obtain because the insurance company is clothed with all the rights and remedies ..... on the contrary, it is clear from the words underlined by us in sub-section (1) of section 130 of the t.1 act that the assignment takes effect from the date it is made the effect of this sub-section is to confer without notice to the person who is liable to satisfy the claim, a legal title on the transferee as ..... report, there was exchange of correspondence between the ..... claim any interest and at what rate?the carriers having not adduced any evidence to disprove their negligence, it was not open to them to plead before the trial court that they were not liable to compensate the loss since it is well-settled that the carriers are liable to make good the loss occasioned during transit under the provisions of the carriers act. ..... interest at the rate of 18%. ..... the rate of 18% .....

M/S. Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram a ...

Court : Supreme Court of India

..... since it was the basic contention of the appellants, that the lease deed dated 12.3.1997 being insufficiently stamped had to be mandatorily impounded under section 33 of the karnataka stamp act, 1957 and it could not be relied upon unless proper duty and penalty was paid, the single judge of the karnataka high court referred the 7 matter to the registrar (judicial) for determination of the said issue. ..... 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 proper stamp, the contract or agreement shall be deemed to be duly stamped; (c) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter ..... and 2 have placed on record 18 some settlement deeds with tenants executed in 1998, except one bald statement, that last of the tenants was evicted in the year 2010, nothing has been placed on record. ..... appears, that only after the appellants had filed a suit for injunction against the respondents which was duly contested by the respondents by filing written statement on 18.6.2011, the respondents after participating in the suit proceedings for a period of about 2 years and 3 months, filed the present application before the high court under section 11(6) of the arbitration act. .....

Dodballapur Spinning Mills Pvt Ltd Vs. The Chief Controlling Revenue A ...

Court : Karnataka

..... appearance, filed an application under section 34 of the karnataka stamp act, 1957 (hereinafter referred to as the stamp act for short) for impounding the agreement of sale on the ground of insufficiency of stamp duty. ..... the factual matrix of the matter for the purpose of assessing the amount of penalty payable, which reasoning could be construed for the present case as being the reasoning of the competent authority under section 38 of the stamp act, in the interest of justice, with a view of ensuring that the litigation between the parties is proceeded, without any further delay and with a view that the ends of justice would ..... directed that the stamp duty on the agreement as per conveyance was liable to be paid as also penalty at the rate of 10 times of the stamp duty as provided under section 34 of the stamp act. ..... commissioner, vide order dated 08.06.2011 determined that the duty has to be paid under article 5(e)(i) of the schedule to the stamp act, and directed the purchaser to pay duty of rs.49,50,000/- and penalty of rs.49,50,000/- at the rate of one time under section 39(1)(b) of the stamp act and worked out the total amount payable in a sum of rs.98,99,800/-. ..... passed the order dated 03.12.2011 by way of corrigendum to the order dated 08.06.2011 imposing duty and penalty at the rate of 5 times and requiring the purchaser to pay a sum of rs.1,98,00,000/- being the balance amount of 4 times ..... ought to have imposed the duty and penalty at the rate of 10 times the duty payable.12. .....

Kothari Industrial Corporation Vs. Lazor Detergents Private Ltd. and

Court : Company Law Board CLB

Reported in : (1994)81CompCas617

..... section 108(1) of the act and section 12 of the karnataka stamp act ..... in this case, the dispute was only on the provisions of the stamp act and not read with section 108 which has been declared to be mandatory provision.secondly, this decision of the division bench of the karnataka high court has not been cited by the division bench of the same court in muniyamma's ..... cases, the supreme court decision in mannalal khetan's case [1977] 47 comp cas 185 being the prime case, that the provisions of this section are mandatory and this being so, the provision relating to "duly stamped" is also mandatory.since the instruments are not duly stamped under the stamp act, the registration of the shares covered under these instruments, being in violation of the mandatory requirement of law, is void and has to be rectified ..... that is the remedy provided in section 41 of the stamp act, according to which even though the effect is prospective when an instrument remains not duly stamped due to mistake or by accident, the same could be presented to the collector for adjudication by any person on his own motion and once the collector endorses ..... , these rights pcds would be subject to the decision of the stock exchange and in all probability would be allotted to all the shareholders who have ..... to register the transfer, the transferee has no right against the transferor for breach of any implied warrantee to have the transfer registered or for the recovery of the purchase price and rescission of the contract. .....