Judgment Search Results Home > Cases Phrase: karnataka stamp act 1957 section 6 instruments coming within several descriptions in schedule Page 1 of about 100 results (0.112 seconds)

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

Court : Supreme Court of India

..... 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. ..... it appropriate to refer the following issue, to be authoritatively settled by 19 a constitution bench of five judges of this court: whether the statutory bar contained in section 35 of the indian stamp act, 1899 applicable to instruments chargeable to stamp duty under section 3 read with the schedule to the act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non existent, unenforceable, or invalid, pending payment of stamp duty on the substantive contract/instrument?.59. ..... 12 bond art 5(j) agreement (in any other cases) property description property description hotel management agreement agreement consideration price consideration price (rs.) 0 ..... if such efforts fail to bring a resolution within ten (10) business days of receipt of a notice issued by 4 one party to another seeking resolution, such disputes, controversies or claims will be finally determined by arbitration in accordance with the arbitration rules of singapore international arbitration centre ( siac .....

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. ..... having considered the agreement as a whole in the light of article 5(e)(i) of the karnataka stamp act, i am of the view that it can be regarded as a conveyance as the instrument in question is covered by article 5(e)(i) for which the proper duty payable under the karnataka stamp act 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. ..... in the instant case, the proper stamp duty payable under the karnataka stamp act being not paid and when the document was sought to be used in evidence, the court below was justified in passing the impugned order which cannot be found fault with. ..... hence, there could be no dispute that the said amended provisions of the karnataka stamp act are clearly attracted to the document in question. ..... therefore, the document in question clearly falls within the scope of article 6(e) of the karnataka stamp act and its explanation (ii). ..... the sale agreement comes into existence after the karnataka stamp act amended and came into force on 1-4-1995. 10. .....

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

Court : Karnataka

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

..... the requirements of section 13 of the karnataka stamp act, 1957 have been complied ..... 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. ..... 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? ..... satisfies the requirement of section 13 of the karnataka stamp act, 1957. ..... section 13 of the karnataka stamp act, 1957 ..... , if the requirement of section 13 of the karnataka stamp act is complied, it suffices the ..... 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 ..... 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 ..... 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 ..... 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. .....

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

Court : Karnataka

Reported in : ILR2006KAR164; 2006(1)KarLJ403

..... the respondents have filed counter contending that as per article 15 of the schedule to the karnataka stamp act, 1957, sale certificates issued by the recovery officer attracts the stamp duty as per article 20 of the karnataka stamp act, 1957 and such document has to be considered as conveyance for the purpose of stamp duty. ..... in such circumstances, 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 the document.7. ..... if a sale certificate is produced 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. ..... but, it is premature to contend 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. ..... according to him, when the instrument is required to be drawn on the required stamp paper and when the same has not been done, it is the duty of the sub-registrar to demand the purchaser to pay the stamp duty. .....

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 ..... 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 ..... 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. ..... the expression 'for any purpose' appearing in the section is wide enough to include within its amplitude use of the document for the purposes of issue or refusal of injunctions prayed for in a suit ..... every person having by law or consent of parties authority to receive evidence and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same. ..... the schedule on the .....

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

Court : Karnataka

..... the relevant provisions which may come to help of the petitioner is section 52 and 52-a of the karnataka stamp act, 1957, which read as under: 52 ..... 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. ..... 2008 kannadam dated 21.02.2009 in exercise of the powers conferred under section 52-a of the karnataka stamp act, 1957 and on the basis of the recommendation made by the 2nd respondent, the state government has specified the amount to be deducted while refunding the stamp duty paid by the concerned person regarding the document presented for registration which has been subsequently withdrawn that can be classified as spoiled or unusable stamp. ..... 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 as aforesaid. ..... (2) an appeal shall lie against the orders of the deputy commissioner within sixty days from the date of the order passed under this chapter to the chief controlling revenue authority. .....

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

Court : Karnataka

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

..... 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. ..... papanna, learned counsel for the respondents, on the other hand, argued that the provisions of section 34 of the karnataka stamp act, 1957, did not permit use of any instrument for any purpose whatsoever if the same was not duly stamped. ..... 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 registration ..... 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. .....

Sakamma Vs. Pavadi Gowda and ors.

Court : Karnataka

Reported in : ILR1998KAR3842

..... 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 amount required to make up such ..... 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. ..... 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. ..... the trial judge committed a jurisdictional error in rejecting the document in question, the case coming within the ambit of the expression 'case decided' under section 115 of cpc, calling for interference. ..... sections 34 and 35 come into operation when for the first time a document is tendered in evidence and not on subsequent occasions when it is already tendered as evidence. .....

Dundappa Vs. Subhash Bhimagouda Patil and Others

Court : Karnataka Dharwad

..... section 35 of the karnataka stamp act 1957 states that, where an instrument has been admitted in evidence such admission shall not except as provided in section 58, to be called in question at any stage of the same suit or proceedings on the ground that the instrument has not been duly stamped ..... exercise, the trial court could have come to the conclusion whether the stamp duty paid on the instrument was sufficient? ..... ordered that, defendant nos.1 and 2 to execute registered sale deed with respect to suit schedule property in favour of the plaintiff within 2 months from the date of judgment by receiving balance sale consideration of rs.50,000/-. ..... the lower appellate court in its judgment at several places has clearly observed that sufficient opportunity was given to the appellants before it (defendant nos.3, 4 and 5) for filing written statement and that even after a lapse of two years they did not come forward to file written statement as such there was no ..... it has also observed that defendant nos.3, 4 and 5 who were the appellants before it have not come with proper explanation regarding their non appearance in the trial court. ..... the trial court after considering the evidence, has come to a conclusion, the appellate court should not ..... before this court they have not come with proper explanation regarding their non- ..... and the decisions, it is clear that a duty is cast upon every judge to examine every document, which is produced or comes before him in the performance of his functions. .....

Tukaram Ganu Pawar Vs. Chandra Atma Pawar

Court : Karnataka

..... 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 ..... section 41(2); and the court shall send an authenticated copy of the instrument to the district registrar together with a certificate and the amount collected as duty and penalty, as provided under section 37(1); (e) if the party does not pay the duty and penalty, the court will have to pass an order impounding the document and send the instrument in original, to the district registrar for being dealt with an accordance with law as per section 37(2) of the karnataka stamp act ..... 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 ..... (c) on the other hand, if the court comes to the conclusion that the document is not stamped or insufficiently stamped, it shall pass an order holding that the document is not duly stamped and determine the stamp duty/deficit stamp duty and penalty to be paid and fix a date to enable the party who produces the document to pay the stamp duty/deficit stamp duty plus penalty; (d) if the party pays ..... evidence for any purpose by any person' to be wide enough to include within its amplitude, use of the document in support of an application for temporary .....