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Madras High Court Dismisses Writ Appeal Against Order Quashing Stamp Duty Demand as Notice Issued Beyond Limitation Period. Sub-Registrar's Demand for Deficit Stamp Duty on Power of Attorney Treated as Conveyance Fails Due to Bar of Three-Year Limitation Under Section 33A of Indian Stamp Act, 1899.

The appeal arose from an order of a learned Single Judge of the Madras High Court, Madurai Bench, allowing a writ petition filed by the respondent cha...

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Gujarat High Court Quashes Stamp Duty Demand on Development Agreement Not Constituting Conveyance. Development agreement held not liable to stamp duty as a conveyance under Article 5 of Schedule I of the Gujarat Stamp Act, 1958, since it did not transfer ownership or leasehold rights.

The petitioner, M/s Vaibhav Corp. Pvt. Ltd., filed a petition under Article 226 of the Constitution of India read with the Gujarat Stamp Act, 1958, ch...

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Bombay High Court Allows Writ Petition Challenging Stamp Duty Demand on Agreement for Sale. Agreement for Sale Without Possession Not a Conveyance Under Bombay Stamp Act, 1958.

The petitioner, Nirmala Manherlal Shah, entered into an agreement for sale of immovable property in Mumbai. The agreement did not involve delivery of ...

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Bombay High Court Hears Challenge to Stamp Duty on Agreement to Lease, Examining Impact of Deletion of Explanation III to Article 36 of Bombay Stamp Act, 1958

These writ petitions were filed under Article 226 challenging orders of the stamp authorities demanding deficit stamp duty on agreements to lease exec...

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Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

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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.

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...

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High Court Allows Writ Petition Quashing Stamp Duty Order as Time-Barred and Without Jurisdiction Under Maharashtra Stamp Act, 1958 -- Development Agreement Not Deemed Conveyance Due to Subsequent Flat Purchaser Agreements

The petitioner,  filed a writ petition challenging an order dated 26 April 2014 passed by the Joint District Registrar and Collector of Stamps, P...

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Supreme Court Dismisses Appeal Against Impounding of Agreement to Sell for Stamp Duty Under Bombay Stamp Act. Agreement to Sell Deemed Conveyance Under Explanation I to Article 25 of Schedule I of Bombay Stamp Act, 1958 Even When Possession Agreed to Be Transferred After Sale Deed Execution.

The appellant, Ramesh Mishrimal Jain, filed a suit for specific performance of an agreement to sell dated 03.09.2003 in respect of a property in Khed,...