Search Results for "Insufficiently stamped document"

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Search Results for "Insufficiently stamped document"

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High Court

Bombay High Court Allows Petition Against Impounding of Agreement for Sale in Specific Performance Suit — Document Already Admitted in Evidence Cannot Be Impounded Under Stamp Act. Section 35 of Bombay Stamp Act, 1958 Bars Impounding After Admission, Even if Agreement Contains Incorrect Possession Clause.

14 Jul 2010

The petitioner, Bhupendrabhai Rambhai Patel, filed a suit for specific performance of an agreement for sale dated 07.06.2002, along with a prayer for ...

High Court

High Court of Karnataka Dismisses Defendant's Challenge to Trial Court's Order on Stamp Duty Deficiency in Civil Suit. Interlocutory Order Directing Plaintiffs to Pay Deficit Stamp Duty and Penalty Under Sections 34 and 35 of Karnataka Stamp Act, 1957 Not Liable to Interference Under Articles 226 and 227 of Constitution.

6 Apr 2016

The petitioner, who is defendant No.1 in O.S. No.10/2009 pending before the Court of Civil Judge (Sr.Dn.) Gangavati, filed two writ petitions under Ar...

High Court

Bombay High Court Dismisses Petition for Impounding of Document in Specific Performance Suit — No Objection Raised at Time of Exhibition. Court holds that once a document is exhibited without objection, it cannot be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage.

29 Apr 2019

The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Jo...

High Court

High Court of Karnataka Allows Writ Petition Against Refusal to Mark Agreement of Sale in Suit for Specific Performance — Stamp Duty and Penalty Must Be Adjudicated at Final Hearing, Not at Stage of Marking Document. The court held that under Section 33 of the Karnataka Stamp Act, 1957, a document insufficiently stamped must be impounded and sent to the Collector for adjudication, and cannot be rejected at the marking stage.

14 Feb 2019

The petitioner, plaintiff in O.S.No.29/2011 before the Principal Senior Civil Judge, Udupi, filed a suit for specific performance of an agreement of s...

High Court

Bombay High Court Allows Appeal in Suit for Recovery of Loan Based on Promissory Note — Stamp Duty Deficiency Not Fatal to Admissibility of Document for Collateral Purpose. The court held that an insufficiently stamped promissory note can be admitted for collateral purpose under Section 35 of the Bombay Stamp Act, 1958, and the plaint cannot be rejected under Order 7 Rule 11 CPC solely on that ground.

24 Feb 2015

The appellant-plaintiff filed a suit for recovery of Rs. 15,00,000 with interest against the respondent-defendant, who is his sister-in-law. The plain...

High Court

Bombay High Court Allows Writ Petition Challenging Impounding of Documents in Civil Suit. Documents Admitted Without Objection Cannot Be Impounded Later Under Indian Stamp Act, 1899.

18 Apr 2017

The petitioner, original plaintiff Smt. Sushilabai Anandani, filed a civil suit in 1996. Along with the plaint, she filed three documents (Exhs.88, 89...

High Court

Bombay High Court Allows Impounding of Unregistered MoU Under Stamp Act in Civil Suit — Trial Court's Rejection Set Aside. Section 33 of Maharashtra Stamp Act Mandates Impounding of Insufficiently Stamped Documents Irrespective of Registration Requirement Under Section 49 of Registration Act.

23 Jan 2018

The petitioners, Yuvraj Developers, a partnership firm, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

High Court

Madras High Court Dismisses Writ Petition Challenging Levy of Deficit Stamp Duty Under Indian Stamp Act, 1899. Alternative remedy under Section 33A(3) held efficacious and writ not maintainable absent procedural irregularity or violation of natural justice.

13 Feb 2025

The petitioner, a director of Sree Rajeswari Mill Ltd., executed a sale agreement dated 16.12.2020 in favor of one K. Rakesh Kumar for certain propert...

Supreme Court

Supreme Court Allows Recall of Insufficiently Stamped Document Admitted in Evidence — Inherent Powers Under Section 151 CPC Can Be Invoked. The court held that admission of a document without considering its stamp duty can be recalled to prevent abuse of process, and Section 35 of the Karnataka Stamp Act, 1957 does not bar such recall.

9 Jul 2024

The case involves a civil appeal arising from a dispute over two sale deeds concerning the same property. The appellant and the respondent each claime...

High Court

High Court of Bombay Allows Landlord's Writ Petition on Summoning of Document in R.A.E. Suit, Sets Aside Trial Court's Inconsistent Order. The Court Clarifies That Marking of Documents Does Not Amount to Proof, and Private Documents Must Generally Be Proved by Their Author, but Documents May Be Marked Provisionally to Enable Appellate Review.

28 Jun 2019

The litigation arose from a rent control eviction suit (R.A.E. Suit No. 467/767 of 2005) filed by the landlord (M/s. J. M. Constructions, as lessor) a...

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