Court : Punjab and Haryana
..... instant civil revision has been filed against the order dated 22.10.1993 passed by the collector, bathinda whereby the petitioners have been directed to pay deficient stamp duty under section 47-a of the indian stamp act, 1899 (hereinafter referred to as the act . ..... a perusal of document in question reveals that the land measuring 8 kanals along with machinery etc.as detailed in the kumar parveen 2013.10.01 13:19 i attest to the accuracy and integrity of this document high court, chandigarh cr no.5153 of 1996 3 document was allegedly agreed to be mortgaged for a sum of rs.10,37,000/-. ..... kumar parveen 2013.10.01 13:19 i attest to the accuracy and integrity of this document high court, chandigarh cr no.5153 of 1996 2 shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that sub registrar, talwandi sabo, vide letter no.35/rc dated 18.02.1993 reported the matter to the collector, bathinda that in the audit report, deficiency of stamp duty to the tune of rs.82, 800/- has been shown towards the petitioners and recommended ..... (paramjeet singh) judge september 24, 2013 parveen kumar kumar parveen 2013.10.01 13:19 i attest to the accuracy and integrity of this document high court, ..... kumar parveen 2013.10.01 13:19 i attest to the accuracy and integrity of this document high court, chandigarh cr no.5153 of 1996 4 since the courts below have recorded concurrent finding of fact, it is not desirable that this court question the finding of fact .....
Tag this Judgment!Court : Punjab and Haryana
..... mr.chetan mittal, learned senior counsel appearing for the petitioner submits that pending finalization of the proceedings under section 47-a of the indian stamp act, 1899 his client is prepared to furnish an irrevocable bank guarantee in favour of the u.t.administration in the amount of rs.58,29,402/- which is the amount demanded by the respondent- administration as representing the amount of under valuation for purposes of payment of stamp duty and for registration of the sale deed for the cwp no.5727 of 2013 -2- property in dispute. ..... the furnishing of irrevocable bank guarantee would be treated as an undertaking to this court and would remain subject to the ultimate decision in the proceedings under section 47-a of the act, and if need be to any final adjustment of money either way depending on the result thereof. ..... cwp no.5727 of 2013 -1- in the high court of punjab and haryana at chandigarh cwp no.5727 of 2013 date of decision:20. ..... (rajiv narain raina) 20.03.2013 judge manju ..... 03.2013 m/s eden critical care hospital pvt.ltd....petitioner versus chandigarh administration and others ....respondents coram:- hon'ble mr.justice rajiv narain raina present: mr.chetan mittal, sr.advocate, with mr.puneet gupta, advocate, for the .....
Tag this Judgment!Court : Punjab and Haryana
..... from the inspector general of registration or registrar of a district appointed under the registration act, 1908 (central act no.16 of 1908).in whose jurisdiction the property or any portion thereof which is the subject matter of the instrument is situated or on the receipt of a report of audit by the comptroller and auditor general of india or by any other authority authorized by the state government in this behalf or kumar parveen 2013.09.17 18:07 i attest to the accuracy and integrity of this document high court, chandigarh cr ..... decision has to be taken by the collector after taking into consideration the provisions envisaged in sections 47-a (as applicable in punjab) of the act, rules 3 and 3-a of the punjab stamp (dealing of under-valued instruments) rules, 1983. ..... sections 2 (12) and 47-a (as applicable in punjab) of the act, rules 3 and 3-a of the punjab stamp (dealing of under-valued instruments) rules, 1983 are relevant to decide the controvers.that arises in the ..... of proceedings under section 47-a (as applicable in punjab) of the indian stamp act, 1899 (in short the act . ..... may be found desirable, fix the minimum market value of land/properties, located in his district, locality-wise and category-wise and convey the same to the registering officer(s) for the purposes of levying of stamp duty on instruments of transfer of any property. ..... is required to be determined in the light of evidence led by the parties and thereupon the stamp duty is to be calculated and fixed. .....
Tag this Judgment!Court : Punjab and Haryana
..... the collector has suo motu power to call for and examine any instrument for the purpose of satisfying himself as to the correctness of the value of the property / consideration amount and the payment of stamp duty and registration charges etc.since the value has been assessed after spot inspection, as such the order of the collector was legal and valid and has been erroneously set aside by the ..... the learned counsel for the parties, it would be appropriate to reproduce section 47-a of the act (as applicable to the state of punjab) at the relevant point of time, which reads as under:- kumar virender 2013.09.30 15:09 i attest to the accuracy and integrity of this document cr no.5163 of 2002 (o&m) 4 47-a: instruments under valued how to be dealt with:- a) (1) if the registering officer appointed under the registration act, 1908 (central act no.16 of 1908).while registering any instrument relating to the transfer of any property, has reason ..... the value of the land was correctly mentioned and proper stamp duty was paid, but due to kumar virender 2013.09.30 15:09 i attest to the accuracy and integrity of this document cr no.5163 of 2002 (o&m) 6 appreciation in the value of property, the present value cannot be taken ..... filed under section 115 of the code of civil procedure for setting aside the judgment dated 03.05.2002 passed by learned district judge, sangrur in an appeal arising out of proceedings under section 47-a of the indian stamp act, 1899 (hereinafter referred to as the act . .....
Tag this Judgment!Court : Punjab and Haryana
..... letters patent appeal under clause x of the letters patent has been filed against an order dated 15.3.2011 passed by the learned single judge of this court, whereby challenge to an order of the authorities under the indian stamp act, 1899 was dismissed. ..... it was held that 17 marlas of land purchased by the appellant is commercial in nature and, therefore, the stamp duty on the said land is payable as per the collector's rate meant for commercial l.p.a.no.2313 of 2011 (o&m) -2- property, whereas in respect of remaining 2 kanal 2 marlas of land, the collector rate meant for residential area was applied. ..... in the high court of punjab and haryana at chandigarh l.p.a.no.2313 of 2011 (o&m) date of decision:28.01.2013 amanbir marwaha .....appellant versus sub registrar, jalandhar & others .....respondents coram:- hon'ble mr.justice hemant gupta hon'ble ms.justice ritu bahri present:- mr.r.c.setia, senior advocate with mr.surinder saini, advocate, for the ..... ( hemant gupta ) judge january 28, 2013 ( ritu bahri ) renu/vimal judge ..... we are of the opinion that the appellant cannot be permitted to argue question of fact which was not raised before the authorities under the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... the owner dispossessing the plaintiff for when such retention of the possession by the plaintiff is impermissible under the provisions of the transfer of property act, the registration act and the stamp act is not actionable by a person who has no right to possession. ..... even under the stamp act a document of mortgage would require to be stamped and by virtue of section 35 of the stamp act a document is inadmissible for any purpose and it cannot be received even for a collateral purpose. ..... in the high court of punjab & haryana, chandigarh cr no.547 of 2013 date of decision january 25, 2013 paramjit singh .....petitioner versus rajwant kaur .......respondents coram: hon'ble mr.justice k. ..... any document which is required to be registered and not so registered is inadmissible under section 49 of the registration act as evidence of transaction proving such possession. ..... kannan) judge january 25, 2013 arhana ..... the mortgage is required to be registered both under the provisions of the transfer of property act and under the registration act. ..... the counsel would make an argument that the defendant did not even contest and there is also a petition filed under section 138 of the negotiable instruments act. ..... the re-entery into possession by the owner cannot be again by allowing the plaintiff to take resort to section 6 of specific relief act. ..... the revision is against the dismissal of the suit filed under section 6 of the specific relief act. .....
Tag this Judgment!Court : Punjab and Haryana
..... sdm, the petitioner preferred an appeal before the commissioner, hisar division, hisar claiming that the assessment on the basis of market rate at the time of purchase was not correct; there was no deficiency in the payment of stamp duty; the impugned orders have been passed without any evidence; the reference was time barred; the action was taken on the private complaint of one rajinder singh, therefore, the reference was bad ..... the competent authority must hold an independent inquiry in accordance with the procedure prescribed for that purpose under rule 4 of the haryana stamp (prevention of undervaluation of instruments).rules, 1978 read with section 47-a of the act and base its determination on evidence of valuation of instruments after notice and hearing and opportunity to lead evidence, see the division bench decision of this court in naresh kumar and others versus state of haryana and ..... finding that there had been evasion of stamp duty, the matter was remitted to the sub divisional officer-cum-collector, hansi for initiating proceedings under section 47-a of the indian stamp act, 1899 (for short the cwp no.3243 o 2 ..... a short affidavit dated 24.1.2013 has been filed under direction of this court. ..... (rajiv narain raina) judge 4 2.2013 mfk ..... 2.2013 jai singh ...petitioner versus commissioner hisar division, hisar and others ...respondents coram: hon'ble mr.justice rajiv narain raina present: mr.vikram singh, advocate for the petitioner ms.tanisha peshawaria, dag, haryana ...notes:1 .....
Tag this Judgment!Court : Punjab and Haryana
..... ) and other connected matters decided on 11.02.2013, to contend the following:- i) if the arbitration clause is contained in deficient stamped document, then it has to be impounded under section 33 of the stamp act, 1899 and the procedure to be followed under sections 35 and 38 of that act. ..... in view of the aforesaid, the petitioner seeks liberty to file the documents with the collector (original has not been placed on record) and get it impounded and duly stamped whereafter liberty is sought to file fresh petition in accordance with law, if it is so desired. ..... learned counsel for the respondent submits that in the present case, neither the document is properly stamped not registered and thus there cannot reference to arbitration unless the original document is filed in court impounded and sent to be stamped in accordance with law in view of the aforesaid provisions. ..... (sanjay kishan kaul) 13.09.2013 chief justice 'ravinder' sharma ravinder 2013.09.13 18:45 i attest to the accuracy and integrity of this document ..... in case learned counsel for the petitioner seeks to still pursue the petition he will have to take steps for getting the document impounded and properly stamped in accordance with law. ..... 09.2013 gini & jony ltd..petitioner versus m/s ureach teleco.solutions pvt.ltd..respondent coram: hon'ble mr.justice sanjay kishan kaul, chief justice present : mr.ramandhir, advocate for mr.dhurjati verma, advocate for the petitioner. .....
Tag this Judgment!Court : Punjab and Haryana
..... if such sale deed is presented, then the sub registrar/registrar is bound to assess the stamp value as per the provisions of the registration act, 1908 and indian stamp act, 1899 and rules framed thereunder, as per the prevailing market value. ..... not in the present writ petition, the petitioner is praying that the sub registrar, gurgaon be directed to register the sale deed with respect to the aforesaid flat by charging the stamp duty/registration fee on the amount of rs.20,00,000/- on which he had purchased and not on the basis of the collector's rates circulated by the deputy commissioner. ..... it is the function and duty of the sub registrar to determine the stamp duty in accordance with law when sale deed/conveyance deed is presented before him for registration. ..... it has been cwp no.12812 of 2011 -3- further stated that whenever any sale deed is presented before the sub registrar for registration, the same will be got registered in accordance with law while charging the stamp duty at the current market rate of the properties in the area. ..... in any case, the sub-registrar would apply his cwp no.12812 of 2011 -5- mind to the correctness of the value of the stamp papers.as he is statutorily bound to do, when the instrument is presented to him. ..... (satish kumar mittal) judge march 04, 2013 (amol rattan singh) vkg judge ..... cwp no.12812 of 2011 -1- in the high court of punjab and haryana at chandigarh cwp no.12812 of 2011 date of decision: march 04, 2013 s.m.vig, honorary flight lieutenant (retd. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is further contended that in view of the amendment in section 17(1a) with effect from 24.9.2001 read with section 49(c) of the registration act, 1908 and section 53a of the transfer of property act, 18882 and article 23a of the schedule i of the indian stamp act, 1899 with effect from 24.9.2001, the agreement wherein possession has been handed over was required to be registered and in the absence of registration ..... learned counsel for the appellant has also relied upon a judgment cited as a.l.n.naranyanan chettyar and another versus official assignee high court rangoon and another air1941privy saini pushpinder 2013.09.24 17:22 i attest to the accuracy and integrity of this document high court chandigarh council 93 wherein it was held that fraud like any other charge of a criminal offence ..... regarding the legal position as to whether the suit for specific performance can be decreed on the basis of unregistered agreement to sell in view of section 17(1a) saini pushpinder 2013.09.24 17:22 i attest to the accuracy and integrity of this document high court chandigarh of the registration act, 1908 and the other provisions referred to above, if the plaintiffs claim to be in possession in part performance of the agreement. ..... suit, the relief of permanent injunction had also been prayed for and in the plaint it was also alleged that saini pushpinder 2013.09.24 17:22 i attest to the accuracy and integrity of this document high court chandigarh defendants no.3 and 4 have succeeded in part .....
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