Search Results for "deficit stamp duty"

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Search Results for "deficit stamp duty"

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High Court

High Court of Karnataka Quashes Stamp Duty Demand on Arbitral Award Passed Outside State — Stamp Duty Payable Only Where Award is Made Under Section 3 of Karnataka Stamp Act, 1957. Arbitral Award Made in Mumbai Not Subject to Karnataka Stamp Duty When Sought to be Executed in Karnataka.

23 Oct 2024

The petitioner, Mahindra & Mahindra Financial Services Ltd, a financial institution, entered into a loan agreement with respondents No. 1 and 2. The a...

High Court

Bombay High Court Allows Appeal in Commercial Suit for Specific Performance — Agreement to Sell Not Frustrated by Non-Payment of Stamp Duty. Court holds that failure to pay stamp duty on an agreement to sell does not render the agreement void or unenforceable, and the plaintiff is entitled to seek specific performance subject to payment of deficit stamp duty and penalty.

22 Dec 2023

The appellant, Jay Kirtikumar Ashani, filed a Commercial Suit (No. 161 of 2022) for specific performance of an agreement to sell dated 15th October 20...

High Court

High Court of Karnataka Allows Appeal in Recovery Suit Based on Insufficiently Stamped Handloan Agreement — Document Inadmissible Under Section 35 of Karnataka Stamp Act, 1957. The court held that an insufficiently stamped document cannot be admitted for any purpose, including proving the loan, and must be impounded.

27 Nov 2015

The appellant, Sharanabasappa, was the defendant in a suit for recovery of money filed by the respondent, Umesh, based on a handloan agreement dated 1...

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 Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

22 Aug 2014

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Decrees Upheld. Readiness and Willingness Proved by Payment of Full Consideration and Possession; Stamp Duty Deficiency Curable on Payment.

3 Dec 2019

The respondent (original plaintiff) filed a suit for specific performance of an agreement for sale of immovable property. The suit property was origin...

High Court

High Court of Karnataka Quashes Trial Court Order Marking Unstamped Document in Evidence in Civil Suit — Document Insufficiently Stamped Cannot Be Admitted Under Section 35 of Karnataka Stamp Act, 1957. The court held that a document which is insufficiently stamped cannot be admitted in evidence for any purpose, and the trial court's order marking such document is liable to be quashed under Article 227 of the Constitution of India.

30 Mar 2022

The petitioner, Sri M. Surendra Rao, filed a writ petition under Article 227 of the Constitution of India challenging the orders dated 04-11-2016 and ...

High Court

Bombay High Court Dismisses Appeal in Property Suit, Upholds Decree for Deficit Court Fee Recovery. Appellants' suit for declaration of title and injunction dismissed for failure to pay proper court fee on market value of property.

18 Sep 2025

The appellants, original plaintiffs, filed a suit for declaration of title and permanent injunction in respect of an immovable property. The trial cou...

High Court

Bombay High Court Allows Petition in Stamp Duty Classification Dispute — Development Agreement Not a Conveyance Under Article 25 of Maharashtra Stamp Act, 1958. Court holds that a development agreement conferring development rights without transferring ownership is chargeable under Article 5(g-a) and not Article 25.

11 Mar 2025

The petitioner, Suhas Damodar Sathe, filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 3rd June 2017 pa...

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