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Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

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High Court of Karnataka Allows Writ Petition Challenging Unilateral Registration of Revocation of General Power of Attorney. Registration of a deed of revocation of GPA by the Sub-Registrar without notice to the original holder is illegal and arbitrary, and the court declared it null and void.

The petitioner, North Roof Ventures Private Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the regist...

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High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

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Bombay High Court Strikes Down Rule 44(1)(i) of Maharashtra Registration Rules, 1961 as Ultra Vires Registration Act, 1908. Circular requiring NOC from Gram Panchayat for registration of sale deeds quashed for lack of statutory authority.

The petitioners, three individuals, filed a writ petition under Article 226 of the Constitution of India challenging Rule 44(1)(i) of the Maharashtra ...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...