Search Results for "Bombay Stamp Act 1958"

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Search Results for "Bombay Stamp Act 1958"

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High Court

High Court of Judicature at Bombay Considers Writ Petition Seeking Refund of Stamp Duty on Unexecuted Instrument Under the Maharashtra Stamp Act, 1958. Court examines whether payment of stamp duty without execution of an instrument constitutes a valid charge and whether writ jurisdiction can be invoked for refund beyond the statutory limitation period, focusing on the definition of ‘instrument’ under Section 2(l) and the scheme of Sections 47 and 48.

12 Dec 2025

The writ petition raised the question whether the High Court’s extraordinary jurisdiction under Article 226 of the Constitution could be invoked to ...

High Court

Bombay High Court Allows Arbitration Application in Out-of-State Contract Dispute. Holds That Arbitration Is Not a 'Thing Done' Under Maharashtra Stamp Act, 1958, and Contract Executed and Performed Outside Maharashtra Is Not Liable to Stamp Duty in Maharashtra.

22 Nov 2019

The applicant, S Satyanarayana & Co, a partnership firm based in Visakhapatnam, filed an application under Section 11 of the Arbitration and Conciliat...

High Court

Bombay High Court Dismisses Petition Challenging Stamp Duty Adjudication on Conveyance Deed — No Refund of Additional Stamp Duty Paid After Registration. Petitioners Not Aggrieved Party as They Accepted Assessment and Got Document Registered; No Error in Considering Market Value as Per Ready Reckoner for Non-Agricultural Land.

2 May 2024

The petitioners, purchasers of agricultural land, executed an agreement for sale on 9 November 2006, which was not registered. The document was impoun...

High Court

Bombay High Court Quashes Stamp Duty Demand on Preliminary Agreement Not Amounting to Conveyance — Agreement for Sale Without Immediate Possession Not Deemed Conveyance Under Article 25(b) of Maharashtra Stamp Act, 1958. The court held that a preliminary agreement for sale where possession is not delivered immediately cannot be treated as a conveyance under Explanation I to Article 25 of Schedule I of the Maharashtra Stamp Act, 1958.

17 Jul 2019

The petitioners, Narendra Janardan Pathak and others, entered into a 'preliminary agreement' dated 21 February 2011 with the respondents-vendors for t...

High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958. Petitioner's applications for refund were within limitation period and refusal by authorities was arbitrary.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

High Court

Bombay High Court Allows Petitioner in Stamp Duty Dispute — Single Mortgage Deed Covering Multiple Loan Agreements Constitutes One Instrument Under Section 4 of Maharashtra Stamp Act, 1958. Revisional Authority's Order Levying Deficit Stamp Duty and Penalty Quashed as Loan Agreements Were Ancillary to Principal Mortgage Deed.

23 Dec 2025

The petitioner, Neepa Real Estates Pvt. Ltd., and its group company Sheth Creators Pvt. Ltd., engaged in real estate, sought financial assistance from...

High Court

Bombay High Court Allows Writ Petition Quashing Stamp Duty Order in Seawoods Project Development Agreement — Lease Deed Not Liable to Stamp Duty as Conveyance Under Bombay Stamp Act, 1958. The court held that a development agreement-cum-lease deed executed by CIDCO for a 60-year term is a lease, not a conveyance, and is chargeable under Article 36 of Schedule I of the Bombay Stamp Act, 1958.

28 Sep 2012

The petitioners, Larsen and Toubro Ltd and its subsidiary, challenged an order dated 16 July 2011 passed by the Chief Controlling Revenue Authority (r...

High Court

Bombay High Court Hears Writ Petition Challenging Stamp Duty Assessment on Demerger Scheme Under Article 25(da) of Maharashtra Stamp Act, 1958. Key Issue Pertains to Deduction of Debts from Enterprise Value in Calculating Market Value of Shares and Jurisdiction of Revenue Authority over NCLT-Sanctioned Scheme.

9 May 2025

The writ petition arose from a dispute over stamp duty payable on a Scheme of Arrangement for demerger of the consumer mobile business of Tata Teleser...

High Court

Bombay High Court Allows State Appeal in Stamp Duty Dispute — Conveyance Deed Not Exempt Under Article 5(e) of Schedule I of Bombay Stamp Act, 1958. Transfer of Development Rights (TDR) by CIDCO to Developer Held Liable to Stamp Duty as Conveyance, Not as Instrument of Lease or License.

14 Nov 2019

The case involves two Letters Patent Appeals filed by the State of Maharashtra and other stamp authorities against a common judgment of a learned Sing...

High Court

Bombay High Court Quashes Stamp Duty Demand on Court-Monitored Auction Sale — Auction Price Constitutes True Market Value Under Maharashtra Stamp Act. The Court held that the Collector cannot reassess market value of property sold under Supreme Court-monitored auction, and stamp duty is payable on actual auction price under Rule 4(6) first proviso of the 1995 Rules.

23 Oct 2024

The petitioners, Trident Estate Private Limited and Ms. Sanjana Goenka, purchased a property in Ambey Valley City, Pune, through an e-auction conducte...

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