Judgment Search Results Home > Cases Phrase: the indian stamp punjab amendment act 2012 Court: rajasthan Page 1 of about 44 results (0.185 seconds)

Sukhdev Singh Vs. Baxis Singh and anr.

Court : Rajasthan

Reported in : RLW2006(2)Raj1036

..... . xvi of 1864 or the indian registration act, 1866, or the indian registration act, 1871 or the indian registration act, 1877, or this act came or comes into force, namely:a) xxx xxxb) xxx xxxc) xxx xxxd) xxx xxxe) xxx xxxprovided....1a) the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 and if such documents are not ..... with a duty not exceeding ten naye paise only, or a bill of exchange or promissory note, 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 duty, together with a penalty of five rupees, or when tent times the amount of the proper duty or deficient portion thereof exceeds five rupees, a sum of equal to ten times such duty or portion;b) where any person ..... . hakam singh)(supra)-the hon'ble apex court while interpreting the provisions of the punjab land revenue act particularly section 31 in relation to record of rights, in peculiar facts and circumstances of the case observed that entries made by patwari in official record are only for fiscal purposes .....

Jeevraj and anr. Vs. Lalchand and ors.

Court : Rajasthan

Reported in : AIR1969Raj192

..... in some cases it was pointed out that this observation was based on the english law and their lordships of the privy council never meant that the principle of english law should be applied in india specially in view of the indian provisions contained in section 19 of the indian limitation act, section 25 of the indian contract act and article 1, schedule i of the indian stamp act, while the other high courts have held that this observation has to be given effect to and there was nothing in the indian law which made it necessary to take a different view.37. ..... now i take up the provision of article 1, schedule i of the indian stamp act which runs as follows:'schedulei stampduty on instruments. ..... i would, therefore, allow the appeal and set aside the judgment and decree of the learned district judge, but remand the case to the trial court with permission to allow the plaintiffs to amend their suit so as to base it on the original cause of action and then try the case afresh.bhandari, j.30. ..... 'the above passage shows how distressed even an english judge felt over the view which prevailed in punjab about an unconditional acknowledgment.21. ..... now, it may be pointed out that their lordships of the privy council have themselves observed in punjab co-operative bank ltd. v. .....

Bheru Lal and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2000(2)WLC524

..... the sub-registrar filed an application under section 47-a(2) of the indian stamps act, 1899 for short, 'the act') as adopted by the state of rajasthan vide adoption act of 1952 read with rule 66-a of the rajasthan stamps rules, 1955 (for short, 'the rules') before the collector (stamps) for determining the market value of the land. ..... a large number of writ petitions have been filed challenging the constitutional validity of the provisions of rule 73 of the rajasthan stamp rules, 1955, as amended vide notification dated 26-2-1977, being substantive ultra-vires and for quashing the order dated 1-3-1997 issued by the inspector general of stamps providing, the applicability of the amendment even in pending revisions. 2. ..... state of punjab, air 1979 sc 321 the hon'ble supreme court laid down the following tests for valid delegation of legislative powers:-- '(1) the legislature cannot efface itself; (2) it cannot delegate the plenary 'or the essential legislative functions; (3) even if there be delegation, parliamentary control over delegated legislation should be a living continuity as a constitutional necessity.' 20. .....

Indian Hotels Co. Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2007ACJ198

..... bharatpur then issued show cause notice to the appellant on 23-3-1999 under section 47a(2) of the indian stamps act read with rule 66a of the rajasthan stamps rules to the effect that the appellant by undervaluing the property in the lease deed has attempted to evade the tax and accordingly the matter has been referred to him and therefore the appellant should appear before him to give its version on next date of hearing fixed on 29-3-1999. ..... under challenge in this special appeal is the judgment dated 22-1-2007 passed by the learned single judge whereby the writ petition filed by the appellant against the show cause notice issued by collector (stamps) in exercise of his powers under section 47a of the indian stamp act, 1899 read with rule 66a of the rajasthan stamp rules, 1955 was dismissed. ..... although the judgments which the learned counsel for the appellant cited are all relating to the assessment proceedings under various enactments but there are only two judgments which pertain to assessment under the indian stamps act, 1899, one in mahabir singh air 1996 sc 2994 (supra), and the other in ramesh chand bansal air 1999 sc 2126 (supra). ..... the words 'either before or after registering' indicated above in the underlined portion were substituted for the originally engrafted words 'while registering the instrument' by rajasthan stamp (amending) act no. ..... : [1961]41itr191(sc) , state of punjab v. .....

Habu Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1987Raj83; 1987(1)WLN272

..... fortunately, after the constitution (forty-fourth) amendment act, which has made article 21 non-suspendable even during an emergency, no court can now deny to any person, at anytime, the full amplitude of article 21 including its enforcement by a writ of habeas corpus or other appropriate writ.there are indignant critics who charge that by an over-expansive interpretation of article 21, the supreme court is acting as a super-legislature and is dabbling in matters outside its legitimate sphere. ..... thus in charge of stamp reporting must ensure that in the cause title as well as on the file cover it must be shown as to what is the position of the accused at the time when the case is presented. ..... state of punjab, (1983) 2 crimes 60 : (air 1982 noc 219) (punj & har) (fb) wherein it has been held as under :'it seems to be more than manifest that both with regard to the appellate and the revisional jurisdiction of the high court there is no power to review or revise its earlier judgment, except to correct clerical errors. ..... the legal chaos on this branch of jurisprudence should be avoided by evolving simpler concepts which work in practice in indian conditions. .....

Maharana Bhupal Electric Supply Co. Ltd. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : AIR1973Raj132; 1972()WLN803

..... - (1) the provisions of the sixth schedule and the table appended to the seventh schedule shall be deemed to be incorporated in the licence of every licensee, not being a local authority, from the date of the commencement of the licensee's next succeeding year of account, and from such date the licensee shall comply therewith accordingly and any provisions of such licence or of the indian electricity act, 1910 (ix of 1910) or any other law, agreement or instrument applicable to the licensee shall, in relation to the licensee, be void and of no effect in so far as they are inconsistent with ..... we may reproduce it:-- 'it is clear from para 1 of schedule vi of the electricity (supply) act, 1948, asoriginally stood and as amended, that the adjustment rates may be unilateraland that the licensee has a statutory right to adjust his rates provided he conforms to the requirements of that paragraph viz. ..... state of punjab, air 1965 sc 666 has observed that 'electricity is not movable property'. ..... 1 shanker kishore joshi who has said that each of the bills was rubber stamped as provisional. .....

Raman Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39

..... the non-obstante clause in this provision makes it clear that until a special court is constituted under section 36, the court of sessions shall try any offence committed on or after the commencement of the amending act and no other court, including the magistrate's court will have jurisdiction to try the offences under the act ..... ., bhatt, who is a member of indian police service, is not maintainable in view of the provisions of section 42 of the indian police act, 1861, which reads as under;'all actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this act, or under the general police powers hereby given, shall be commenced within three months after the act complaint-of shall have been committed and not ..... moreso, the allegations of reaching an agreement with mohan lal for vacating the premises in dispute, purchasing the stamp papers for executing the agreement by raghunath singh, real brother of the complainant, filing applications for discharge just after reaching the agreement, not holding identification parade by gujarat police till the agreement had been executed, cumulatively provide for cogent reasons and compel this court not to interfere in the ..... . state of punjab (136), the hon'ble supreme court has held as under:'under article 141, the law declared by it is of a binding character and as commandful as the law made by the legislative body or an authorised delegatee of such .....

M/S Perfect Thread Mills Ltd Vs. Competent Authority Cum Sdo Girwa an ...

Court : Rajasthan Jodhpur

..... entry 44 of list iii, concurrent list, of the viith schedule read with article 254 of the constitution empowers the state legislature to amend the indian stamp act, 1899 ..... . the indian stamp act, 1899 provides the power to prescribe stamp duty on instruments, ..... . after elaborate survey of the amendments made by the state legislature by local amendment to the stamps act under section 47-a, this court had held that the market value shall be determined only on the basis of the evidence adduced by the claimant and in rebuttal thereof by the state, as to the prevailing market value of that particular ..... case may be, shall take into consideration- (a) the market value of the land on the date of publication of the notification under section 3-a; (b) the damage, if any, sustained by the person interested at the time of taking possession of the and, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner or his earnings; (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence ..... . state of punjab held that mutation entries of the land transactions in the revenue records are not evidence unless the parties to the transactions have been examined in proof of ..... state of punjab & ors. ..... state of punjab & ors. ..... state of punjab & anr. vs ..... state of punjab .....

Capstan Meter (India) Ltd. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : AIR1974Raj63; 1973()WLN762

..... the contention of the learned counsel for the petitioner is that by virtue of section 29 of the indian limitation act the applicability of section 12 of the limitation act is not excluded in the present case. ..... the argument that an application for reference under section 18 of the act falls within the ambit of the term 'appeal' and/or 'review' and therefore section 12 would be applicable to the present case, is undoubtedly ingenious but in my opinion it is devoid of substance.in air 1932 pc 165 the point for consideration before their lordships of the privy council was whether under article 182 of the limitation act the decree-holder was entitled to exclude the period taken in appeal which was dismissed as an appeal within the meaning of clause (2) in col. ..... madan mohan asked to amend the form of the appeal but this was refused and in the result the appeal was dismissed, both on the ground of irregularity as well as on merits and the decision was embodied in a decree of the high court. ..... the appeal though irregular in form and not being appeal against the decree of the subordinate judge and being insufficiently stamped for this purpose, was yet admitted and heard in due course by the high court. ..... state of punjab air 1958 punj 63. .....

Shivani Enclaves Pvt. Ltd. and Another Vs. State of Rajasthan and Othe ...

Court : Rajasthan

Reported in : 2000(3)WLC94

..... the registration of the document is consolidated in the indian registration act, 1908 as amended by the act of ..... 7th of march, 1994 (annexure 5 and 6), issued by the stateof rajasthan in exercise of powers conferred under section 78 of the indian registration act, 1908 (hereinafter referred to as the 'act'), as ultravires with further direction to the state to refund the amount of rs. ..... commissioner, hindu religious and charitable endowments department and others (8), it was held by the supreme court that for the purpose of finding whether there is a correlationship between the services rendered to the fee payers and the fees charged to them, it was necessary to know the cost incurred for organising and rendering the services; but the matters involving consideration of such a correlationship are not required to be proved by a ..... and others (supra) was challenged in the supreme court and the supreme court had confirmed the judgment of punjab & haryana high court and had dismissed the appeal in the judgment reported in chief commissioner, delhi ..... in the case of an instrument of lease, registration fee was required to be calculated on the amount on which stamp duty was payable, whereas on will and certain other documents, the registration fee was chargeable as per article ..... 10,24,280/-apart from the stamp duty he was liable to ..... for the purposes of instrument lease, the registration fee is to be calculated on the amount on which stamp duty is ..... the petitioners has also got a stamp affixed .....