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Bombay High Court Allows Petition of Company in Stamp Duty Adjudication Case — Holds Adjudication Under Section 31 of Bombay Stamp Act, 1958 Final and Binding. Reopening of Adjudication After 20 Years Under Section 53A Is Without Jurisdiction and Barred by Delay.

The petitioner, Hindustan Unilever Ltd., filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challenging...

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Supreme Court Sets Aside Arbitrator Appointment Due to Unstamped Lease Deed. Insufficiently Stamped Document Cannot Be Acted Upon Under Section 11(6) of Arbitration and Conciliation Act, 1996.

The present appeal arises from a judgment of the Karnataka High Court appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation...

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Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

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Karnataka High Court Allows Writ Petition in Specific Performance Suit for Non-Compliance with Stamp Duty Provisions. Court directs payment of ten times deficit stamp duty on unstamped agreement for sale under Karnataka Stamp Act, 1957.

The petitioners, defendants 2 and 3 in OS No.3/2011 pending before the Senior Civil Judge, Sirsi, filed a writ petition under Articles 226 and 227 of ...

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High Court of Karnataka Allows Civil Revision Petition, Sets Aside Order Referring Dispute to Arbitration Under Section 8(1) of Arbitration and Conciliation Act, 1996 — Agreement Not Duly Stamped and Insufficiently Stamped, Hence Not Enforceable.

The petitioner-plaintiff filed a suit for recovery of Rs.16,29,311.74 with interest. The suit was decreed ex parte on 10.04.2018. The defendant No.1 f...

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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.

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...

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High Court of Karnataka Quashes Trial Court Order Rejecting Agreement of Sale in Specific Performance Suit — Document Admissible Without Formal Proof Under Section 294 CrPC. Objection to admissibility of document must be raised at time of marking; failure to object results in waiver.

The petitioners (plaintiffs) filed a suit for specific performance of an agreement of sale against the respondents (defendants). During trial, the pla...

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Supreme Court Rules on Stamp Duty Penalty: A Critical Examination of Section 34 of the Karnataka Stamp Act, 1957

The Supreme Court of India, in the case of Seetharama Shetty vs. Monappa Shetty, addressed the legal implications of Sections 33, 34, 37, and 39 of th...