Court : Delhi
..... the chief controlling revenue authority (ccra), government of national capital territory of delhi (gnctd) has made this reference under section 57 of the stamp act, 1899 seeking a decision on the following issue: whether the notification no.13 of 25-12-1937 extending benefit of remission in stamp duty in case of subsidiary companies as applicable in the then province of delhi has any continuous validity and applicability in view of notification no.gsr894dated 30-09-1958 by which the central government extended the indian stamp (punjab amendment) act, 1958 replacing the previous and then prevalent stamp law in union territory of delhi w.e.f. ..... (g) the notification of 25th december, 1937 is not repugnant to schedule-ia added by the indian stamp (punjab amendment) act, 1958. o. ..... (b) judgment dated 2nd february, 2012 of the high court of calcutta in cp no.627/2011 titled emami biotech limited & anr. vs. .....
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..... 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 ..... 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. ..... collector of stamps 2012 air (del) 140; avinash kumar chauhan vs. ..... i.a.20617/2012 in cs(os) 2661/2012 in the case of avinash kumar page 9 of 10 chauhan (supra) also an unregistered agreement to sell was sought to be treated as conveyance and it was in those peculiar facts and circumstances of the case that sections 33 and 35 of ista were held to be applicable. ..... no.20617/2012 in cs(os) 2661/2012 date of decision:01. .....
Tag this Judgment!Court : Delhi
..... much prior to the amendment in the indian stamp act whereby the stamp duty on the power of attorney was raised to ..... further submitted that so far the sufficiency of stamps on the said power of attorneys is concerned, the same carried stamp of more than rs.100 each and as per the indian stamp act, the stamp required to be affixed as on the relevant date was rs.10+1 (rs.11/-). ..... determination is that: "whether the respondents/plaintiffs were required to prove on record the authority of the executants of the said power of attorneys through the board resolution or articles of association or there was no need to prove the authority of the executants of the power of attorneys once the respondents/plaintiffs had succeeded to prove the due execution and authentication of the said power of attorneys by duly appointed notary public entitling the respondents to the benefit of section 85 of the indian evidence act for raising a presumption for the due execution and authentication of the said attorneys?" 26. ..... for appellants also submitted that the notarial certificate filed along with the two power of attorneys and proved on record by the respondents is vague due to blanks in the certificates and the notarial certificates also have no sanctity or validity in the eyes of law as the same were not authenticated by the indian consulate in terms of the provisions of section 4 and 11 of the notaries act, 1952 read with section 85 of the indian evidence act, 1872. 5. ..... 2005 sc 439 state of punjab v. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2007Delhi214; 140(2007)DLT354
..... (supra) was:whether transfer duty under section 147 of the delhi municipal corporation act which is recoverable as a surcharge is subject to the provisions of sections 33 and 40 of the indian stamp act in regard to impoundment and penalty.the full bench decided the question in the negative and concluded that the view of the chief controlling revenue authority that ' the provision of section 147 is in the nature of increasing the stamp duty and consequently any default in the payment of this surcharge would attract all the provisions of the stamp act including impounding of documents and imposition of penalty' was ..... assessment of letting value for the purpose of this provision shall be subject to the same right on the part of this lease or appeal from the orders of the said collector or additional collector and within such time as if the same were an assessment by a revenue officer under the punjab land revenue act, 1887 (xvii of 1887) or any amending act, for the time being in force and the proceedings for or in relation to any such appeal shall be in all respects governed by the provisions of the said act, in the same manner as if the same had been taken .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi219
..... ) of the high court of punjab, dated 21st august, 1964, directing that writ in the nature of mandamus be issued to the second appellant, chief controlling revenue authority for delhi state, to state a case under sub-section (1) of section 57 of the indian stamp act, in writ petition c. w. no. ..... the sub-registrar treated the instrument as a gift deed under item 33 in schedule i, as amended in delhi, of the said act, and held that the instrument was liable to a stamp duty of rs. ..... of gift of moveables in the shape of money made at least 8 years before the date of the document, would or would nto turn into a gift deed which attracts stamp duty under item 33 in schedule 1 of the act, that it was a substantial question of law, and that it was a fit case in which a direction in the nature of mandamus should be issued to the second appellant, the chief controlling revenue-authority, requiring the said authority to refer the case, with its opinion thereon, to the high court under sub-section (1) (b) of section 57 of the indian stamp act. .....
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..... in this order concluded, that no offence of criminal breach of trust or cheating under section 406 and 420 of the indian penal code, 1860 (in short ipc ) was made out against mrs. ..... this amendment was brought in force on 24.9.2001 whereas the aforementioned documents were executed on 30.8.2012. ..... 31.8 in this context the argument advanced on behalf of the objector no.3 that rs.2 crores was not paid within ten days of the passing of the award, as agreed between those who were parties to the award, attains significance as ghadia has failed to even make an assertion as to the date and the manner in which rs.2 crores was paid by him to scb.32. ..... 31.4 the argument advanced on behalf of ghadia that there was reference to the award in the 2010 sa, to my mind, only goes to show that ghadia was aware of the legal untenability of the award and the 2008 mou no.1 of which formed the basis of the award. ..... interestingly, in and about 12.1.2009, ghadia filed a petition under section 9 of the arbitration and conciliation act, 1996 (in short 1996 act ) in this court seeking an injunction against html, acpl, ytpl and ms. ..... sangeeta shah and her family (which included her children and her father) in respect of the following properties: (i) x-6b, hauz khas enclave, new delhi (hereafter referred to as haus khas property ) (ii) plot no.148/02, holding no.1186(c), ward no.17, village konka, s.k. ..... lastly, the award is, insufficiently stamped and hence cannot be executed.26. mr. .....
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..... are required to be taken into consideration before arriving at the conclusion whether the party claiming damages is not entitled to the same; (ii) that if the terms are clear and unambiguous stipulating the liquidated damages in case of the breach of the contract, unless it is held that such estimate of damages/compensation is unreasonable or is by way of penalty, party who has committed the breach is required to pay such compensation in terms of section 73 of the contract act; (iii) that section 74 of the contract act is to be read with section 73 thereof and in every case ..... . himalaya drugs company 2017 scc online del 12624 and the indian performing right society ltd. vs ..... justice rajiv sahai endlaw1 cs(os) no.1020/2009, as per amended plaint dated 22nd october, 2011, is filed for recovery of rs.28,12,50,000/- along with pendente lite and future interest at 15% per annum and for permanent injunction. ..... development comprising retail, entertainment, hotel, parking in the city of ludhiana (punjab, india) under the name of mbd the neopolis ludhiana development ). ..... akm has contested cs(os) no.1020/2009 pleading in the written statement dated 19th november, 2012, that (i) the mou, as per clause 15 provides for jurisdiction of courts of ludhiana and chandigarh ; (ii) ashok kumar malhotra, monica malhotra kandhari, sonica malhotra kandhari and satish bala malhotra being directors of akm enterprises pvt. .....
Tag this Judgment!Court : Delhi
..... are required to be taken into consideration before arriving at the conclusion whether the party claiming damages is not entitled to the same; (ii) that if the terms are clear and unambiguous stipulating the liquidated damages in case of the breach of the contract, unless it is held that such estimate of damages/compensation is unreasonable or is by way of penalty, party who has committed the breach is required to pay such compensation in terms of section 73 of the contract act; (iii) that section 74 of the contract act is to be read with section 73 thereof and in every case ..... . himalaya drugs company 2017 scc online del 12624 and the indian performing right society ltd. vs ..... justice rajiv sahai endlaw1 cs(os) no.1020/2009, as per amended plaint dated 22nd october, 2011, is filed for recovery of rs.28,12,50,000/- along with pendente lite and future interest at 15% per annum and for permanent injunction. ..... development comprising retail, entertainment, hotel, parking in the city of ludhiana (punjab, india) under the name of mbd the neopolis ludhiana development ). ..... akm has contested cs(os) no.1020/2009 pleading in the written statement dated 19th november, 2012, that (i) the mou, as per clause 15 provides for jurisdiction of courts of ludhiana and chandigarh ; (ii) ashok kumar malhotra, monica malhotra kandhari, sonica malhotra kandhari and satish bala malhotra being directors of akm enterprises pvt. .....
Tag this Judgment!Court : Delhi
..... . pc was added by the amendment act of 2009 ushering in major reforms on the subject of victim restitution in criminal law process, in the wake, inter alia, of declaration of basic principles of justice for victims of crime and abuse of power, 1985 adopted by un general assembly ..... when passing judgment, order the whole or any part of the fine recovered to be applied- the payment (a) in defraying the expenses properly incurred in the prosecution; (b) in to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the court, recoverable by such person in a civil court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the fatal accidents act, 1855 (13 of ..... . six of the above-mentioned other cases involved allegations, inter alia, of the offence of rape or of penetrative sexual assault (or its attempt) punishable under protection of children from sexual offences act, 2012 (pocso act) ..... appeal no.187/2018 page 1 of 67 information report (no.247/2016), on the accusations of his complicity in certain acts of commission or omission, the same statedly constituting offences punishable under sections 376(2)(n) and (f), 313 and 506 of indian penal code, 1860 (ipc). ..... . pc, the following observations of a division bench of punjab and haryana high court in rohtash vs .....
Tag this Judgment!Court : Delhi
..... consideration in prithipal singh supra, was an application of the tenant under order ix rule 13 cpc and order xxxvii rule 4 of the cpc for setting aside of the ex parte order of eviction; (xiii) none of the judgments cited by the senior counsel for the respondent have considered section 37 of the delhi rent control act; (xiv) that even if the limitation act is not applicable to the rent controller, the principles of the limitation act would apply; (xv) that the rent act does not use any negative language indicating that ..... aboobacker (1995) 5 scc5 reasoning that since the powers of appellate authority under the kerala buildings (lease and rent control) act, 1965 with which it was concerned, were being exercised by district judges, they, even while functioning as appellate authority under the rent act were a court and not a persona designata like the rent controller under the east punjab act, who were members of punjab civil service, and therefore entitled to resort to section 5 of the limitation act.33. ..... even though section 37 exists in the act since enactment thereof in the year 1958 and chapter iiia containing sections 25a, 25b and 25c were inserted by amendment of the act in the year 1976 but it has been held in ramesh ..... the petition for eviction filed by the respondents under section 14(1)(e) of the act owing to the petitioners having not filed the application for leave to defend within 15 days from 23rd february, 2012 ..... page 14 of 29 online del 2684 (db) and indian airlines vs. .....
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