Search Results for "insufficient stamp"

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Search Results for "insufficient stamp"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit. Agreement for Sale Recognized Prior Possession, Thus Stamp Duty Payable Under Article 5(e)(ii) of Karnataka Stamp Act, 1957, Not as Conveyance Under Article 5(e)(i).

11 Mar 2026

The dispute originated from a suit for specific performance of an agreement dated 23.06.2018 filed by respondent No.1 against the petitioner and other...

High Court

Bombay High Court Quashes Trial Court Order Impounding Unregistered Partition Deed — Registration Not Mandatory for Partition of Joint Hindu Family Property Under Article 46 of Maharashtra Stamp Act, 1958. The court held that the trial court erred in mixing issues of registration and stamping, and that the partition deed was not a release deed.

25 Oct 2024

The petitioner, Balaso Bhimgonda Patil, challenged an order of the trial court in Regular Civil Suit No.105 of 2014 pending before the Civil Judge Sen...

High Court

Bombay High Court Allows Refund of Stamp Duty on Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act — Purpose of Instrument Failed. Development Agreement is an instrument covered under Section 47(c)(5) for refund when the purpose fails, and Section 48 is only a limitation provision.

16 Aug 2024

The petitioner, M/s. Chandiwala Enterprises, a registered partnership firm, entered into a Development Agreement with Neel Ashiward CHS Ltd. on 2nd Se...

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

Bombay High Court Allows Appointment of Arbitrator in Charter Party Dispute Over Detention Charges. Arbitration agreement held valid and arbitrable despite respondent's objections regarding limitation and non-signing of charter party.

28 Jul 2023

The applicant, Alliance Import and Export, a partnership firm, filed two arbitration applications under Section 11 of the Arbitration and Conciliation...

High Court

Bombay High Court Quashes Stamp Duty Demand Against IT Company in Lease Deed Classification Dispute. Lease Deed for Software Development Held Not a 'Building Lease' Under Maharashtra Stamp Act, 1958.

5 Jun 2023

The petitioner, Synechron Technologies Pvt. Ltd., an IT company, challenged an order dated 15.10.2019 passed by the Chief Controlling Revenue Authorit...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. The court allowed the petition after the petitioners paid stamp duty and penalty under the Karnataka Stamp Act, 1957, curing the defect in the unstamped Hotel Management Agreement containing the arbitration clause.

25 Jan 2022

The petition was filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, by Intercontinental Hotels Group...

High Court

Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment in Development Agreement Case — Revenue Sharing Arrangement Not Constituting Conveyance. Interest-free refundable deposit and revenue sharing in development agreement held not to be consideration for transfer of property under Maharashtra Stamp Act, 1958.

8 Aug 2019

The petitioner, Godrej Properties Ltd. (GP), entered into a development agreement with Goldbricks Infrastructure Private Ltd. (GIPL) on 30.09.2011 for...

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

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Grants Interim Relief in Section 9 Petition Despite Unstamped Agreement. The court held that impounding of an agreement for insufficient stamp duty does not bar the grant of interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the arbitration agreement remains valid.

2 Apr 2016

The appellant, M/s. Universals Enterprises, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an order of the le...

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