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Search Results for "impounded document"

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High Court

High Court of Karnataka Sets Aside Impounding Order Under Karnataka Stamp Act for Non-Compliance with Section 33 Procedure. Deficit Stamp Duty and Penalty Levied Without Proper Adjudication Under Section 34 of Karnataka Stamp Act, 1957.

17 Feb 2021

The petitioner, who was the second defendant in an eviction suit (O.S.No.5192/2011) pending before the III Additional City Civil Judge, Bengaluru, fil...

High Court

Bombay High Court Allows Appeal Against Impounding of Photocopy of Tenancy Agreement for Collateral Purpose. Photocopy of Unstamped Agreement Cannot Be Impounded Under Section 34 of Maharashtra Stamp Act, 1958.

27 Apr 2020

The case involves two writ petitions arising from a civil suit for eviction filed by the original plaintiff (Dr. Smt. Seema Arun Mankar) against the o...

High Court

High Court of Karnataka Allows Return of Original Sale Deed Marked in Evidence Under Order 13 Rule 9 CPC — No Reasons Required for Withdrawal of Document. The court held that Order 13 Rule 9 CPC confers an unqualified right on the producer of a document to receive it back, and no reasons need be assigned for such return.

20 Mar 2014

The petitioners, who are plaintiffs in O.S.No.1440/2009, filed a writ petition under Article 226 of the Constitution of India challenging the order da...

Supreme Court

Supreme Court Remits Stamp Duty Objection on Power of Attorney to Trial Court for Factual Determination. Objection regarding insufficient stamp duty on power of attorney treated as conveyance under Orissa Stamp Act requires factual finding on delivery of possession, to be decided after evidence.

14 Feb 2020

The Supreme Court disposed of an appeal against an order of the Orissa High Court which had dismissed the appellants' petition under Article 227 of th...

High Court

High Court of Karnataka Quashes Penalty Order in Stamp Duty Dispute — Agreement of Sale Not Liable to Stamp Duty as Conveyance. Court held that an agreement of sale does not require stamp duty as a conveyance under Article 5(e) of the Karnataka Stamp Act, 1957, and impounding with penalty was improper.

5 Jul 2018

The petitioner, Mr. R. Mahendra Kumar Shah, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 25.11.2015...

High Court

High Court of Karnataka Allows Appeal in Arbitration and Stamp Act Dispute - Arbitral Tribunal Has Power to Impound Insufficiently Stamped Documents. The Court held that an Arbitral Tribunal, being a person having authority to receive evidence, is empowered under Section 33 of the Karnataka Stamp Act, 1957 to impound documents not duly stamped.

1 Mar 2016

The case involves a writ appeal filed by Sri. Gajanan Ramachandra Velangi against an order of a learned Single Judge dated 11.02.2015 in W.P.No.68108/...

High Court

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

14 Mar 2013

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...

High Court

High Court of Karnataka Upholds Impounding of Arbitration Agreement for Stamp Duty Deficiency — Civil Court Must Refer to Deputy Commissioner Under Section 37(2) of Karnataka Stamp Act, 1957. The court held that the arbitration agreement is an instrument subject to stamp duty, and the Civil Court, while considering an application under Section 8 of the Arbitration Act, 1940, must follow the mandatory procedure under the Karnataka Stamp Act, 1957, for impounding and reference to the Deputy Commissioner.

24 Mar 2016

The petitioner, United Precision Engineers Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging ord...

High Court

High Court of Karnataka Quashes Impounding Order in Arbitration Reference — Stamp Duty Deficiency Must Be Determined by Deputy Commissioner Under Section 37(2) of Karnataka Stamp Act, 1957. The Civil Court lacked jurisdiction to impound an arbitration agreement produced in a Section 11 Arbitration and Conciliation Act, 1996 proceeding.

24 Mar 2016

The petitioner, United Precision Engineers Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging ord...

High Court

Bombay High Court Dismisses Petition Challenging Refusal to Impound Agreement of Sale in Specific Performance Suit. Notarised Agreement of Sale Not an Instrument Chargeable with Stamp Duty Under Maharashtra Stamp Act, 1958.

16 Dec 2020

The petitioners (defendants in the suit) challenged a common order dated 22/8/2019 passed by the learned Senior Civil Judge at Pune in Special Suit No...

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