Search Results for "Deficient Stamp Duty"

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Search Results for "Deficient Stamp Duty"

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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

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

Bombay High Court Dismisses Review Petition in Stamp Duty Penalty Case — No New Fact or Error Apparent on Record. Review sought on grounds of discovery of subsequent sale and excessive penalty, but court finds no due diligence or error apparent.

29 Sep 2006

The applicants, original petitioners in Writ Petition No.7410 of 2002, filed a Review Petition No.64 of 2003 seeking review of an order dated 29th Jan...

High Court

High Court of Karnataka Quashes BDA's Demand for Stamp Duty on 'Donation' in Lease Deed — Word 'Donation' in Lease Context Held Not to Mean Gift but Premium or Consideration. The court applied the principle of contextual interpretation to hold that 'donation' in a lease deed executed by BDA was a premium for the lease, not a gift, and thus not subject to stamp duty.

3 Jan 2023

The petitioner, Suchitra Cinema and Cultural Academy, a trust registered under the Indian Trusts Act, 1882, had entered into a lease agreement with th...

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...

Supreme Court

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.

10 Apr 2019

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

Supreme Court

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.

1 Jan 2020

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

High Court

High Court of Karnataka Hears Writ Petition by Legal Heirs and Subsequent Purchaser Challenging District Registrar's Order Directing Registration of Sale Deed. Petitioners Contend Appeal Filed After Five Years Was Barred by Limitation and District Registrar Lacked Jurisdiction Under Section 72 of the Registration Act, 1908.

11 Feb 2026

The dispute centered on a sale deed dated 18.02.1988 that was presented for registration but refused by the Sub-Registrar for non-production of the in...

High Court

Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

22 Aug 2014

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...

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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