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High Court of Bombay at Goa Allows Writ Petition Against Trial Court Order Admitting Insufficiently Stamped Document in Evidence — Document Styled as Receipt but Claimed to be Agreement for Sale Cannot Be Admitted Without Payment of Proper Stamp Duty Under Indian Stamp Act, 1899.

The petitioners, defendants in a suit for specific performance of contract, challenged an order of the trial court that rejected their objection to th...

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Karnataka High Court Upholds Admission of Insufficiently Stamped Document for Collateral Purpose in Suit for Recovery of Possession — Document Admissible Under Section 35 of Karnataka Stamp Act, 1957 for Collateral Purpose of Contract.

The plaintiff filed a suit for recovery of possession claiming absolute ownership of the property. The defendant contended that the property belonged ...

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Bombay High Court Allows Exhibition of Insufficiently Stamped Agreement to Sale Subject to Payment of Stamp Duty and Penalty — Section 34 of Bombay Stamp Act, 1958 Does Not Bar Exhibition for Collateral Purpose

The petitioner, original plaintiff, filed Special Civil Suit No.904 of 2005 for specific performance of an agreement to sale dated 31-1-2005 in respec...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order to Impound Insufficiently Stamped Sale Agreement. Document Insufficiently Stamped Cannot Be Admitted in Evidence Without Payment of Deficit Stamp Duty and Penalty Under Section 34 of Karnataka Stamp Act, 1957.

The petitioners, who are plaintiffs in O.S. No.4/2009 pending before the Senior Civil Judge, Lingasugur, filed a suit for specific performance based o...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...