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Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

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Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

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Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment — Prior Agreement Valuation Binding. Sale Deed Executed in Conformity with Assessed Agreement Cannot Be Reopened Under Section 31A of Indian Stamp Act, 1899 (Goa Amendment).

The petitioners, Mr. Sameer Vasudev Morajkar and Mrs. Prithvi B. Dessai, executed a sale deed dated 16.12.2020 in respect of property measuring 1900 s...

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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...

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Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

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Bombay High Court Allows Petition of Company in Stamp Duty Adjudication Case — Holds Adjudication Under Section 31 of Bombay Stamp Act, 1958 Final and Binding. Reopening of Adjudication After 20 Years Under Section 53A Is Without Jurisdiction and Barred by Delay.

The petitioner, Hindustan Unilever Ltd., filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challenging...

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Bombay High Court Quashes Stamp Duty Demand on Unexecuted Lease Agreement — No Liability Under Maharashtra Stamp Act, 1958. Adjudication under Section 31 cannot be basis for demand when document is not executed and no stamp duty is chargeable.

The petitioner, Crisil Limited, a company registered under the Companies Act, had been in occupation of office premises at Hiranandani Business Park, ...

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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.

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

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Bombay High Court Rules Against Stamp Duty on Amalgamation Orders Under Companies Act, 1956. Court Order Sanctioning Scheme of Amalgamation Is Not a Conveyance Under Bombay Stamp Act, 1958.

The case involved a reference under the Bombay Stamp Act, 1958, arising from a scheme of amalgamation between Reliance Industries Limited (transferee)...