Search Results for "Insufficiently stamped document"

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Search Results for "Insufficiently stamped document"

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High Court

Bombay High Court Quashes Trial Court Order Impounding Unregistered Partition Deed — Registration Not Mandatory for Partition of Joint Hindu Family Property Under Article 46 of Maharashtra Stamp Act, 1958. The court held that the trial court erred in mixing issues of registration and stamping, and that the partition deed was not a release deed.

25 Oct 2024

The petitioner, Balaso Bhimgonda Patil, challenged an order of the trial court in Regular Civil Suit No.105 of 2014 pending before the Civil Judge Sen...

High Court

Karnataka High Court Allows Unregistered Partition Deed for Collateral Purpose in Partition Suit — Document Admissible Despite Non-Registration and Insufficient Stamp Duty. The court held that an unregistered partition deed can be admitted for collateral purpose of proving fact of partition, subject to payment of stamp duty and penalty under Section 35 of Karnataka Stamp Act, 1957.

22 Apr 2015

The case arises from a suit for partition filed by the plaintiff, Smt. Annemma, against her brothers (the defendants) in O.S.No.4/2009 before the Civi...

High Court

High Court of Karnataka Allows Writ Petition Challenging Order to Pay Stamp Duty and Penalty Under Section 34 of Karnataka Stamp Act, 1957 — Held That Only the Person Who Executed or First Received the Instrument Can Be Directed to Pay Stamp Duty and Penalty

23 Mar 2017

The petitioner, defendant No.3 in O.S.No.8/2010, challenged an interlocutory order dated 21.11.2013 passed by the trial court directing him to pay sta...

High Court

Bombay High Court Allows Quashing of Trial Court Order in NI Act Case — Objections to Marking of Documents Must Be Decided Then and There. Trial Court's Deferral of Objections to Final Stage Held Contrary to Law Under Section 138 of Negotiable Instruments Act, 1881.

30 Jan 2015

The applicants, M/s. Nexus Minmet Merchandising Private Limited and its directors, were facing a complaint under Section 138 of the Negotiable Instrum...

High Court

Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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 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

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 Allows Writ Petition Challenging Rejection of Application to Send Document for Expert Opinion in Suit for Specific Performance. Court holds that the trial court erred in rejecting the application under Section 45 of the Evidence Act, 1872 without considering the necessity of expert opinion to determine the genuineness of the document.

6 Apr 2016

The petitioner, who is defendant No.1 in O.S. No.10/2009 pending before the Court of Civil Judge (Sr.Dn.) Gangavati, filed two writ petitions under Ar...

High Court

Bombay High Court Quashes Deficit Stamp Duty Demand on Cancelled Development Agreement — Agreement Cancelled Prior to Adjudication Not Liable to Stamp Duty Under Maharashtra Stamp Act, 1958. The court held that stamp duty is chargeable on instruments, not on transactions, and a cancelled instrument cannot be subjected to duty.

5 Mar 2020

The petitioner, Vikrant Vikas Raikar, proprietor of M/s. Elegant Constructions, challenged an order dated 16th March 2018 passed by the Chief Controll...

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