Court : Supreme Court of India
..... agreement of sale, the stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance, shall be adjusted towards the total duty leviable on the conveyance.13. ..... and purchasers in relation to the respective properties, the value of the properties were above rs.100/- and there was also a clause by which possession was admittedly handed over on the date of the agreement, implying acquisition of possessory rights protected under section 53a of the transfer of property act, which requires payment of proper stamp duty and registration as mandated ..... to the purchaser before the execution, or at the time of execution, or after the execution of such agreement without executing the conveyance in respect thereof, then such agreement to sell shall be deemed to be a conveyance and stamp duty thereon shall be leviable accordingly: provided that, the provisions of section 32-a shall apply mutatis mutandis to such agreement which is deemed to be a conveyance as aforesaid, as they apply to a conveyance under that section: provided further that, where subsequently a conveyance is executed in pursuance of such .....
Tag this Judgment!Court : Supreme Court of India
..... by the court only if--- (a) the party making the application establishes on the basis of the record of the arbitral tribunal that--- (i) a party was under some incapacity; or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator ..... door grounds relatable to section 28 (3) of the 1996 act to be matters beyond the scope of submission to arbitration under section 34(2)(a)(iv) would not be permissible as this ground must be construed narrowly and so construed, must refer only to matters which are beyond the arbitration agreement or beyond the reference to the arbitral tribunal.52. ..... context of commencement of the period of limitation for making a reference application under section 20 of the erstwhile arbitration act, 1940, it was held by this court that to be entitled to have an order of reference under section 20, it is necessary that there should be an arbitration agreement and secondly, differences must arise to which the 98 see paragraph 29 of the judgment in geo miller (supra) 99 (1988) 2 scc338civil appeal @ slp (c) nos.21017-21018 of 2021 page 109 of 150 agreement applied. ..... majority award created a new contract for the parties by applying a unilateral circular, and by substituting a workable formula under the agreement by another, dehors the agreement. .....
Tag this Judgment!Court : Karnataka
..... that if the complainant, who is the payee or holder in due course, who may not be aware of the indoor administration of a company or the partnership firm, lodges a complaint under section 138 and 141 of the negotiable instruments act with the averment that the director or the partners concerned were in charge of and responsible for the conduct of the business of the ..... satisfied that there is sufficient ground for proceeding with the complaint but that satisfaction is to be arrived at by the inquiry conducted by him as contemplated under sections 200 and 202, and the only stage of dismissal of the complaint arises under section 203 of the code at which stage the accused has no role to play, therefore, the question of the accused on receipt of summons ..... satisfied that there is sufficient ground for proceeding with the complaint but that satisfaction is to be arrived at by the inquiry conducted by him as contemplated under sections 200 and 202, and the only stage of dismissal of the complaint arises under section 203 of the code at which stage the accused has no role to play, therefore, the question of the accused on receipt of summons approaching ..... her husband had entered into an agreement of sale for purchase of a residential apartment from m/s pioneer developers, thereafter both the parties agreed to cancel the agreement and an amount of rs.50 lakhs paid under the said agreement was agreed to be adjusted towards the agreement of sale dated 28.02.2011 executed ..... under the agreement .....
Tag this Judgment!Court : Karnataka
..... that if the complainant, who is the payee or holder in due course, who may not be aware of the indoor administration of a company or the partnership firm, lodges a complaint under section 138 and 141 of the negotiable instruments act with the averment that the director or the partners concerned were in charge of and responsible for the conduct of the business of the ..... satisfied that there is sufficient ground for proceeding with the complaint but that satisfaction is to be arrived at by the inquiry conducted by him as contemplated under sections 200 and 202, and the only stage of dismissal of the complaint arises under section 203 of the code at which stage the accused has no role to play, therefore, the question of the accused on receipt of summons ..... satisfied that there is sufficient ground for proceeding with the complaint but that satisfaction is to be arrived at by the inquiry conducted by him as contemplated under sections 200 and 202, and the only stage of dismissal of the complaint arises under section 203 of the code at which stage the accused has no role to play, therefore, the question of the accused on receipt of summons approaching ..... her husband had entered into an agreement of sale for purchase of a residential apartment from m/s pioneer developers, thereafter both the parties agreed to cancel the agreement and an amount of rs.50 lakhs paid under the said agreement was agreed to be adjusted towards the agreement of sale dated 28.02.2011 executed ..... under the agreement .....
Tag this Judgment!Court : Supreme Court of India
..... the counsel placed reliance on certain clauses of the license agreement, order form no.3 and gtc agreement to submit that although respondent no.2 may not have been a signatory to the agreements, yet it had been arbitration petition no.38/2020 page 11 of 26 entrusted with certain liabilities and obligations under the agreements entered into between the petitioner and respondent no.1, thereby making it a veritable party to the transaction.24. ..... the petitioner and respondent no.1 entered into a sap software end user license agreement & sap enterprise support schedule (for short license agreement ) on 14.12.2010 under which the petitioner was made a licensee of certain enterprise resource planning ( erp ) software developed and owned by the respondents. ..... the petitioner is indulging in forum- shopping by once again attempting to appoint an arbitrator under the gtc agreement, a right which both the bombay high court and this court, in two separate lengthy proceedings, under sections 11 and 14 respectively of the act, 1996, had decisively held to be forfeited by the petitioner for all times to come. ..... as discussed above, the respondents have raised a number of objections against the present petition, however, none of the objections raised question or deny the existence of the arbitration agreement under which the arbitration has been invoked by the petitioner in the present case. .....
Tag this Judgment!Court : Supreme Court of India
..... because clause 3 (b) of the dealership agreement absolved m/s hindustan motors of its liability by providing as follows: 3(b) after the motor vehicles are dispatched /delivered the company s liability in respect of any defect in the motor vehicle will be limited to the company s obligations under the warranty clause and the company will have no other liability and all liability other than the one under warranty as aforesaid shall be to the ..... the person in whose name a motor vehicle stands registered, and while such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire purchase agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement. ..... in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire purchase agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement. ..... 25 which is the subject matter of a hire purchase agreement, the person in possession of vehicle under that agreement shall be the owner. ..... of the vehicle, it 3 owner" means, where the person, in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle under that agreement. .....
Tag this Judgment!Court : Supreme Court of India
..... thereafter, as per sec.37 of the karnataka stamp act, send an authenticated copy of the unregistered agreement of sale dated 04-11-1996 to the concerned district registrar, together with certificate and the amount collected as a duty and ..... appellant claims possession of suit schedule property as part performance under the agreement of sale dated 04.11.1996. ..... section arises when the party pays the deficit duty and penalty, the court is to impound the instrument under section 33 of the act and has to forward the instrument to the deputy commissioner/district registrar. ..... either of the cases, after the deficit stamp duty and the penalty are paid, the impounding effected under section 35 of the act is released and the instrument available to the party for relying as evidence. ..... the order dated 14.08.2015, it appears that the appellant expressed readiness to pay duty and penalty on the certified copy of the agreement of sale dated 04.11.1996, now filed along with the plaint. ..... the trial court is directed to send the agreement of sale dated 29.06.1999 to the district registrar to determine the deficit stamp duty and ..... sub-section (2) of section 37 of the act deals with cases not falling under section 34 and 36, and the person impounding an instrument shall send it in original to the ..... the explanation offered by him is that the agreement is filed in a connected matter between the ..... no.610 of 2015 for specific performance of the agreement for sale dated 04.11.1996, stated to have been executed by .....
Tag this Judgment!Court : Supreme Court of India
..... is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped; (c) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898; (d) nothing herein contained shall prevent the admission of any ..... in great detail, referred to all the attending circumstances, appreciated their implication vis- -vis the statutory obligation under the act to pay ad valorem stamp duty on an agreement of sale satisfying the definition of a conveyance under the act and dismissed the review petition. ..... respondent filed an application before the trial court under section 33 of the act to impound the suit agreement to collect the deficit stamp duty and penalty ..... briefly narrated, the possession claimed under the 2 agreement of sale is sought to be protected through ..... put in possession of the plaint schedule property as part performance under the agreement of sale dated 29.06.1999 by the respondent. ..... contrary to the possession given as part performance under the suit agreement, tried to dispossess the appellant. ..... in re: interplay between arbitration agreements under arbitration and conciliation act, 1996 and stamp act, 189911, a seven- judge bench of this court noted that section 35 of the indian stamp act, 1899 (analogous to section 34 of the .....
Tag this Judgment!Court : Karnataka
..... appeals are concerned and dwelling in detail about the final arbitral award which is indicated in the matter of arbitration in respect of adjudication of disputes under contract agreement no.bmrcl/via/e-w/r1/1 dated 15.02.2007 28 wherein three arbitrators had taken up the issues relating to the claimant namely, navayuga engineering company ltd. ..... arbitration may be set aside; or (v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this part; or (b) the court finds that (i) the subject-matter of the dispute is not capable ..... of independently assessing the evidence and arguments presented, the court has primarily recapitulated the findings and reasoning of the arbitral tribunal, which approach of the commercial court is flawed, as proceedings under section 34 of the act are not intended to be a mere review of the arbitral award but necessitate a substantive evaluation of whether the award suffers from defects such as 14 ..... (i) a party was under some incapacity, or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the .....
Tag this Judgment!Court : Karnataka
..... appeals are concerned and dwelling in detail about the final arbitral award which is indicated in the matter of arbitration in respect of adjudication of disputes under contract agreement no.bmrcl/via/e-w/r1/1 dated 15.02.2007 28 wherein three arbitrators had taken up the issues relating to the claimant namely, navayuga engineering company ltd. ..... arbitration may be set aside; or (v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this part; or (b) the court finds that (i) the subject-matter of the dispute is not capable ..... of independently assessing the evidence and arguments presented, the court has primarily recapitulated the findings and reasoning of the arbitral tribunal, which approach of the commercial court is flawed, as proceedings under section 34 of the act are not intended to be a mere review of the arbitral award but necessitate a substantive evaluation of whether the award suffers from defects such as 14 ..... (i) a party was under some incapacity, or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the .....
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