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State of Chhattisgarh Vs. Chattisgarh Board of Revenue, Bilaspur and O ...

Court : Chhattisgarh

Reported in : 2012AIR(Chhat)34

..... after re-creation of the post of commissioner sub-sections (4) and (5) of section 47-a of the act were amended vide the indian stamp (chhattisgarh amendment) act, 2010 (no.25 of 2010) published in the gazette on 18-10-2010 and thereby the provisions as stood prior to 6-10-2003 have been restored. 7. mr. ..... after abolition of the post of the commissioner, sub-section (4) of section 47-a of the act was omitted vide the indian stamp act (chhattigarh amendment) ordinance, 2003 (ordinance no. ..... it is made clear that the order passed by the collector of stamps shall be subject to first appeal and second appeal in accordance with the provisions of the indian stamp (chhattisgarh amendment) act, 2010 (no. ..... by filing following writ petitions under article 227 of the constitution of india, the state of chattisgarh/petitioner has challenged legality and propriety of the order passed by the board of revenue, chattisgarh, bilaspur in appeal under section 47-a(4) of the indian stamp act, 1899 (for short the act) against the order passed by the collector of stamps, bilaspur under section 47-a (2) of the act, whereby the board of revenue has quashed/modified the order passed by the collector of stamps:- w.p. ..... 7,04,082/- per hectare and in the year 2007-08 was rs. .....

Present:mr.Karan Nehra Advocate Vs. State of Punjab and Others

Court : Punjab and Haryana

..... petitioner has challenged the amendment carried out by the state of punjab in the indian stamp act, 1899 in the indian stamp (punjab amendment) act, 2005 (hereinafter referred to as 'amendment act, 2005') notified on 16.05.2005 by which section 3-c was inserted after section 3-b in the principal act imposing and charging additional stamp duty as specified in schedule 1-b known as the social security fund on the instruments mentioned in entry 23 of schedule 1-a on the conveyance deeds, which are executed within the area of 5 kms.outside the municipal corporation or class- 1 municipalities in the state of punjab. ..... 709 of 2004, decided on 18.05.2007, state of andhra pradesh and another versus nalla raja reddy and others.air1967sc1458 state of kerala versus haji k. ..... it is not in dispute that vide the indian stamp (punjab amendment) act, 2005, section 3-c has been inserted after section 3-b of the principal act i.e.the indian stamp act, 1899, the same prerna datta 2014.02.19 11:22 i attest to the accuracy and integrity of this document high court, chandigarh cwp no.25108 of 2012 (o&m) 8 reads as follows:- 3-c. .....

State Of Maharashtra Vs. National Organic Chemical Industries Ltd.

Court : Supreme Court of India

..... in delhi, the charging provision of the indian stamp (delhi amendment) act, 2007 which was under consideration of the high court was as follows:10. ..... the fact that the maximum cap of rs.25 lakhs would be applicable as a one-time measure and not on each subsequent increase in the share capital of a company is fortified directly by the maharashtra stamp (amendment) act, 2015 which amended 20 the charging section for articles of association i.e. ..... a full bench of the high court (in the context of the indian companies act, 1882) answered in the negative with the following reasoning: ... ..... the bombay high court, after hearing the parties, concluded that form no.5 is not an instrument as defined by section 2 of the stamp act and that stamp duty can only be charged on articles of association, where the maximum duty (rs.25 lakhs), payable as per the amendment has already been paid by the respondent. ..... on 02.08.1994, the state legislature amended article 10 of schedule-i of the stamp act and the amended provision, which was applicable when the respondent passed a resolution to increase its authorised share capital to rs. ..... the document was not new articles of association, or articles of association at all within the meaning of the indian companies act. ..... the amending notification is reproduced below in part: in exercise of the powers conferred by clause (a) of section 9 of the bombay stamp act, 1958 (born. .....

Vinod Kumar and anr. Vs. Ajit Singh

Court : Delhi

..... of an application filed by the defendant under order 7 rule 11 cpc whereunder the defendant has sought rejection of plaint on the ground that the agreement to sell dated 05.08.2011, on the basis of which the suit for specific performance and injunction is filed, being not registered under section 17 (1a) of the registration act, 1908 and also not being duly stamped as per article 23a of schedule 1a of the indian stamp (delhi amendment) act, 2001, was not only not admissible, but was liable to be impounded under section 33 of the indian stamp act, 1899 (for short ..... it is the defendant s case that the agreement to sell was required to be stamped as per article 23a of schedule 1a of indian stamp (delhi amendment) act, 2001 and as per this provision stamp duty equivalent to 90 per cent of the duty as conveyance was payable, and further that in the absence of the same this document was liable to be impounded under section 33 of ista, and could not be looked into unless the stamp duty as also the penalty was paid thereon as per provision under section 35 of ista.4. ..... i need not reproduce the relevant provisions of sections 17(1a) and 49 of the registration act, 53a of transfer of property act and the indian stamp act which have been referred to above. ..... no.5540/2005 in cs(os) no.1281/2004, decided on 30.04.2007) and the decision of punjab and haryana high court in sukhwinder kaur vs. .....

State of Rajasthan and ors. Vs. Khandaka JaIn Jewellers

Court : Supreme Court of India

Reported in : AIR2008SC509; 2008(1)CHN132; 2008(1)CTC60; [2008(1)JCR126(SC)]; (2008)1MLJ1139(SC); RLW2007(4)SC3556; 2007(13)SCALE190; 2007AIRSCW7378; AIR2008SC509; 2008(1)ICC560; 2008(1)KCCRSN19

..... no duty shall be chargeable in respect of-(1) any instrument executed by, or on behalf of, or in favour of, the government in cases where, but for this exemption, the government would be liable to pay the duty chargeable in respect of such instrument;(2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel, registered under the merchant shipping act, 1894, or under act 19 of 1938, or the indian registration of ships act, 1841 (10 of 1841) as amended by subsequent acts. ..... therein.section 47-a inserted by rajasthan (amendment) state stamp act reads as under:section 47-a instruments under-valued, how to be valued - (1) notwithstanding anything contained in the registration act, 1908 (central act xvi of 1908) and the rules made thereunder as in force in rajasthan where in the case of any instrument relating to an immovable property chargeable with an ad valorem duty on the market value of the property as set forth in the instrument, the registering officer has, while registering the instruments, reason to believe that the market value of the property has not been truly .....

The Sales Tax Practitioners' Association of Maharashtra and Tushar P. ...

Court : Mumbai

Reported in : 2008(5)BomCR396; [2008]14STT348; (2008)14VST69(Bom)

..... corporation limited and the maharashtra state road transport corporation constituted under the road transport corporation act,1950.thus apart from the chartered accountants audit can now also be carried ..... 'accountants act, 1949 or a cost accountant within the meaning of the cost and works accountants act, 1959', shall be substituted;(2) in sub section (2), the words 'or as the case may be, purchases or a sum of one lakh rupees, whichever is less' shall be deleted;(3) after sub section (2), the following sub section shall be added, namely:(3) nothing in sub sections (1) and (2) shall apply to departments of the union government, any department of any state government, local authorities the railway administration as defined under the indian railways act, 1989, the konkan railway ..... 25 of 2007 amended the m.v.a.t. ..... nagaland and mizoram is not available. .....

M/S. Kukumina Constructions (P) Ltd. Vs. Sub-registrar-cum-stamp Colle ...

Court : Orissa

..... "section 47a of the india stamp act, 1989 (orissa amendment) contemplates that if the registering officer while registering any instrument of conveyance has reason to believe that the market value of the property which is the subject matter of such instrument has not been truly set forth in the instrument, he may, after registering such instrument, refer the matter to the collector for determination of the market value of such property.the expression "refer the matter" appearing in section 47a(1) of the indian stamp act to the collector for determination of market value of the property does not ..... in the writ petition, the petitioner challenges the action of the registering officer in withholding the original sale deed no.2814 of 2007 after its registration and to quash annexure-3 dated 06.02.2008 by which the registering officer directed the petitioner to deposit the deficit amount towards stamp duty and registration fee as calculated by him or else to contest the matter to be referred to the next higher forum. ..... this writ petition has been filed seeking a direction to opposite party no.1-sub-registrar-cum-stamp collector, khurda to return the original sale deed no.2814/2007 to the petitioner and for quashing the notice dated 16.2.2008 under annexure-3 by which the opposite party no.1 directed the petitioner either to deposit the deficit amount of stamp duty and registration fee as calculated by him or else to contest the matter to be referred to the next higher forum.2. .....

G.D. Subramaniam Vs. the Sub Registrar,

Court : Chennai

Reported in : (2009)2MLJ644; 2009CIJ243Madras

..... further more, under schedule 1-a to the indian stamp act as amended by the stamp (a.p. ..... not stopping with that, on 10.09.2007, the third respondent, without the knowledge and consent of the petitioner, executed a deed styling the same as a 'cancellation deed' thereby nullifying the sale dated 14.07.2006 and got the same registered at the office of the first respondent as document no. ..... subsequently, the third respondent has entered into a sale agreement with the fourth respondent, who is the brother of the third respondent, on 03.08.2007 thereby agreeing to sell the very same property to the fourth respondent and got the document registered at the office of the first respondent as document no. ..... 3744/2007 by contending that the same is ultra vires of the provisions of the registration act, 1908 and is contrary to the judgment of the full bench in yanala malleshwari and ors. v. ..... 757 and 758 of 2007, struck down the said tamil nadu state amendment. ..... the division bench of the andhra pradesh high court,by order dated 13.3.2007. ..... 4433 of 2007) by the first respondent is hereby quashed. ..... 4433 of 2007. ..... 3917 of 2007. .....

Gati Corporation Ltd. Vs. Sub-registrar and anr.

Court : Andhra Pradesh

Reported in : 2008(3)ALD19

..... learned counsel for the petitioner has drawn my attention to the subsequent amendment brought to sub-section (10) of section 2 of the indian stamp act, 1899 (for short, 'the stamp act'), by a.p. ..... accordingly, the writ petition is allowed and the order impugned in the writ petition is hereby set aside and the matter is sent back to the first respondent - sub-registrar for fresh consideration keeping in view the subsequent amendments made to sub-section (10) of section 2 of the stamp act. ..... however, in the subsequent amendment made to sub-section (10) of section 2 of the stamp act, by a.p. ..... it is to be noted that in the said amendment the orders passed by the high court under section 394 of the companies act are not included. ..... , and that section 89 of the act provides for filing of certain documents sent to the registering officer by various authorities and that the order passed by a high court in a company application cannot be accepted for the purpose of registration nor for filing and indexing.3. ..... act 19 of 2005, which came into force on 1.8.2005, every order made by the high court under section 394 of the companies act, 1956 (central act 1 of 1956) in respect of amalgamation or merger of companies is also brought within the definition of 'conveyance'. ..... further the respondents in their counter-affidavit at paragraph 3 have taken a specific stand that the registration act, 1908 (for short, 'the act') provides for registration of documents and preparation of index etc. .....

Vajara Yojna Seed Farm and ors. Vs. Presiding Officer, Labour Court Ii ...

Court : Allahabad

Reported in : (2003)1UPLBEC496

..... , has been filed against the judgment of learned single judge arising out of order passed by revisional authority under the indian stamp act. ..... (high court judges) order, 1937, shall be further amended as follows :(i) in the first schedule in the entry relating to the high court at allahabad for the figures '12' the figures '21' shall be substituted, and the entry relating to the chief court of oudh shall be omitted; and(ii) in the second schedule, the entry relating to the chief court of oudh shall be omitted, and in the note, the words 'a chief judge and an acting chief judge' shall be omitted, and (c) references in any indian law to either of the existing high courts by whatever name shall, unless ..... patent appeals) (amendment) act, 1981, shall lie to the high court from a judgment or order of one judge of the high court, made in the exercise of jurisdiction conferred by articles 226 or 227 of the constitution, in respect of any judgment, order or awards-(a) of a tribunal, court of statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any uttar pradesh act or under any central act, with respect to any of the matters enumerated in the state list or the concurrent list in the seventh schedule to the constitution, or(b) of the government or any officer .....