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Judgment Search Results Home  Phrase:karnataka stamp act section 45a

Aug 09 2001

Parvindar Kaur Chawla Vs. Divisional Commissioner, Bangalore Division, ...

  • Decided on : 09-Aug-2001

Court : Karnataka

Reported in : 2001(6)KarLJ449

..... of prohibition against respondents 1 to 3 from proceeding against the writ petitioner under the colour of karnataka stamp act, section 45a, beyond indian registration act, since the respondents 1 to 3, have acted without jurisdiction, and 3. to declare or strike down the proviso to sub-section (5) of section 45a, as unconstitutional'. 2. petitioner presented a sale deed 19-1-1998 in which the market ..... 1-1998. subsequently the respondent referred the matter to the deputy commissioner on the ground of under valuation of the document for investigation in terms of section 45a of the karnataka stamp act, 1957 (for short 'the act'). the deputy commissioner accepted the same and passed an order on 2-9-2000. petitioner aggrieved by the same filed an appeal before the divisional ..... under sub-section (2) or (3) shall be communicated to the person liable to pay the duty. a copy of ..... thereon in accordance with the procedure provided for in sub-section (2). the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty: provided that nothing in this sub-section shall apply to any instrument registered before the commencement of the karnataka stamp (amendment) act, 1975. (4) the order of the deputy commissioner .....

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Sep 21 1984

M.G. Kulkarni Vs. State of Karnataka

  • Decided on : 21-Sep-1984

Court : Karnataka

Reported in : ILR1985KAR2152; 1984(2)KarLJ341

..... notifications what the dc had done was to fix 'a general market value' of the sites or land for each locality of davangere city.13. section 45a was introduced by the karnataka stamp (amendment) act, 1975 (karnataka act 12 of 1975) ('the amending act'). section 45a came into force in the cities of bangalore,hubli dharwad, mysore, mangalore, belgaum, gulbarga, bellary, davangere, bijapur, shimoga and bhadravathi from 1-5-1975 ..... and 1976-77. insuper session of the said order, the dc made another order or notification on 14-5-1982 (annexure-e) purporting to be under section 45a of the karnataka stamp act of 1957(karnataka act 34 of 1957) ('the act') stipulating the rates of sites as set out therein in the different localities of davangere city. insuper session of these two orders / notifications, the dc has ..... and its application to other places was left to be decided to the state government (vide section 1 of the amending act). the amending act while inserting section 45a also amended .....

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Feb 01 2007

Smt. Santosh Achcha W/o G.M. Sripal Jain Vs. State of Karnataka - by i ...

  • Decided on : 01-Feb-2007

Court : Karnataka

Reported in : AIR2007Kant77; 2007(4)KarLJ189; 2007(4)KCCRSN252; 2007(2)AIRKarR530; AIR2007Kant77

..... to be ultra vires and accordingly, the petitions deserve to be dismissed.13. in the light of the arguments advanced, let me consider whether the provisions under section 45a and 45b of the karnataka stamp act, 1957 are arbitrary and unconstitutional and as such, requires to be removed from the statute.14. in these two petitions, petitioners being not satisfied with the ..... the petitions, learned advocate general submitted that there is no basis for the petitioner to argue that the provisions provided under section 45a and 45b of the stamp act are contrary to the provisions of the registration act the provisions of the karnataka stamp act being a tax law has enabled file state to collect revenue and in fiscal matters, the courts have to take a ..... the 3rd respondent has referred the instrument to the 2nd respondent alleging that there is under valuation, without registering the document as per section 45a of the karnataka stamp act. according to the petitioner, as per the provisions of the registration act, 1908 the 3nd respondent was required to register the document, he had no authority to refuse and at the most, he ..... orderh.v.g. ramesh, j.1. these two petitions have been filed challenging the validity of section 45a and section 45b of the karnataka stamp act as illegal, arbitrary and ultra vires of the stamp act and the registration act and for consequential relief.2. in wp 45953/2001, the prayer is for a direction to the 3rd respondent to register the sale deeds presented by the .....

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Feb 01 2008

Smt. Santosh Achcha Vs. State of Karnataka by its Secretary Revenue De ...

  • Decided on : 01-Feb-2008

Court : Karnataka

Reported in : ILR2008KAR2413

..... to be ultra vires and accordingly, the petitions deserve to be dismissed.18. in the light of the arguments advanced, let me consider whether the provisions under section 45a and section 45b of the karnataka stamp act, 1957 are arbitrary and unconstitutional and as such, requires to be removed from the statute.19. in these two petitions, petitioners being not satisfied with the ..... the petitions, learned advocate general submitted that there is no basis for the petitioners to argue that the provisions provided under section 45a and 45b of the stamp act are contrary to the provisions of the registration act. the provisions of the karnataka stamp act being a tax law has enabled the state to collect revenue and in fiscal matters, the courts have to take ..... the 3rd respondent has referred the instrument to the 2nd respondent alleging that there is under valuation, without registering the document as per section 45a of the karnataka stamp act. according to the petitioner, as per the provisions of the registration act, 1908 the 3rd respondent was required to register the document, he had no authority to refuse and at the most, he ..... orderh.v.g. ramesh, j.1. these two petitions have been filed challenging the validity of section 45a and section 45b of the karnataka stamp act as illegal, arbitrary and ultra vires of the stamp act and the registration act and for consequential relief.2. in wp 45953/2001, the prayer is for a direction to the 3rd respondent to register the sale deeds presented by .....

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Oct 01 1985

Nagaraja Vs. State of Karnataka

  • Decided on : 01-Oct-1985

Court : Karnataka

Reported in : ILR1985KAR4113

..... state government fixing the minimum market value of immovable properties in various localities of bangalore city.2. the circular is purported to have been issued under section 45a of the karnataka stamp act, 1957 (hereinafter referred to as the 'act'). similar circular issued by the deputy commissioner of another district was challenged in writ petition no. 42106 of 1982 and other writ petitions m.g. ..... kulkarni - v. - state of karnataka, : ilr1985kar2152 . this court has held that it is not permissible to issue such a circular fixing the market value of the property. ..... due regard to the factors enumerated in the statute. from this it follows that the general market value fixed by the d.c. which is not authorised by section 45a of the act or the rules and in derogation of them, unnecessarily restricting the power of the registering officers as also his own determination to be made as and when a ..... relevant portions of the judgment are as follows :'19. the term market value of the property has not been defined in the act. but, the explanation to sub-section (5) of section 45a of the act really achieves or provides .....

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Aug 23 1996

Purushottam Lal Singla and Ors. Vs. State of Karnataka and Ors.

  • Decided on : 23-Aug-1996

Court : Karnataka

..... response. hence, the petitioners have filed this petition seeking a direction to the registering officer to refer the sale deed dated 12.4.1996 to the deputy commissioner, under section 45a of the karnataka stamp act, 1957 for determination of market value by using an authenticated copy of the sale deed and seeking a direction to deputy commissioner to determine the value of the property ..... making of necessary endorsements on the documents; and only after a reference is made to the deputy commissioner under section 45a, the deputy commissioner can inspect and value the property. he also contended that having regard to the provisions of karnataka stamp act, 1957, registration act, 1908 and karnataka stamp (prevention of under valuation of instrument) rules, 1977, inspection and valuation of the property by the deputy commissioner ..... time.4. these points therefore arise for consideration:(a) whether a reference can be made by the registering officer under section 45a of the karnataka stamp act, 1957, even before the registration formalities are completed.(b) whether the deputy commissioner for detection of under valuation of stamps, inspect the property for determining the market value, before receiving a reference from the registering officer or before registration .....

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Mar 18 2004

S. Kumara Bangarappa Vs. The Special Deputy Commissioner of Detection ...

  • Decided on : 18-Mar-2004

Court : Karnataka

Reported in : 2004(7)KarLJ87

..... omitted by amendment with effect from 21-8-1999.3. against the order of the deputy commissioner, an appeal is provided to the divisional commissioner according to sub-section (5) of section 45a of the karnataka stamp act. it is the contention of the counsel for the appellant that no appeal is provided against the provisional order made under rule 6, which is now stands repealed ..... against the interim orders and grant necessary relief.5. the original section 45a provides appeal to the district judge from the order of the deputy commissioner. section 45a is amended and the appellate power of the district judge is withdrawn and came to be invested in the divisional commissioner. i find from the book karnataka stamp act, 1956 published by the ameya publications 2002, the district judge ..... of civil court is barred and the remedy available to the party is by way of an appeal under the stamp act and rules. the view taken by the trial court is sound and proper. the appellant has to file an appeal under section 45a. the time spent in prosecuting the suit before the civil court could be pleaded as a reason for condonation ..... of delay, if any before the appellate authority under the stamp act. although the provision for appeal against the provisional order is repealed, still the appellate authority .....

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Jan 27 2011

Sri K.Ramasha, s/o Krishna bhat. Vs. State of karnataka. department of ...

  • Decided on : 27-Jan-2011

Court : Karnataka

1. learned additional government advocate is directed to take police for respondent nos. 1 to 3.2. heard the learned counsel for the petitioner.3. order dated 28.09.2010 passed by the 2nd respondent -deputy commissioner of stamps and district registrar, dakshina kannada district, mangalore. is called in question in this writ petition. the said order is passed in exercise of the powers conferred under sub-section (3) of section 45a of the karnataka stamps act, 1957 (for short, the act').4. as rightly contended by the learned additional government advocate, an appeal is provided under sub-section (5) of section 45a of the act, before the regional commissioner, against the order passed by the deputy commissioner. in these circumstances, when there is an efficacious and alternative remedy provided by a statute, this court will not entertain the writ petition.5. accordingly, petition is dismissed reserving liberty to the petitioner to file a statutory appeal as provided under sub-section (5) of section 45-a of the act.6. learned additional government advocate is permitted to file memo of appearance within three weeks from today.

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Mar 23 2000

Dr. Usha Mohan Das Vs. The Divisional Commissioner, Bangalore Division ...

  • Decided on : 23-Mar-2000

Court : Karnataka

Reported in : 2001(3)KarLJ463

..... the document by the third respondent is not in conformity with either the provisions of the karnataka stamp act or indian registration act. therefore, the impugned order passed by him is wholly unsustainable in law.5. further, the plain reading of sub-sections (2) and (3) of section 45a of the act, 1957, it makes very clear that the sub-registrar has got power to make ..... before the third respondent, the document can be registered and if he finds that the document is insufficiently stamped, after registration of document he can refer the document to the second respondent to conduct an enquiry as provided under section 45a of the karnataka stamp act, 1957 and rules thereunder for the purpose of finding out correct market value of the property which is ..... reference of the conveyance deed after registration of the document under section 45a of the act, 1957. therefore, the deputy commissioner of the area who has been notified for the purpose of the provisions of the karnataka stamp act, 1957 has to examine the document with regard to the value of the property which is the subject ..... the subject-matter of the document presented for its registration and to further examine as to whether stamp duty paid on the document is sufficient or not.further, .....

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Apr 04 2001

Raj Trust and Anr. Vs. State of Karnataka and Ors.

  • Decided on : 04-Apr-2001

Court : Karnataka

Reported in : AIR2001Kant472; ILR2001KAR5501

..... payable thereon. the difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty.'amended provisions of the karnataka stamp act, 1957'section 45-a(1). instrument of conveyance, etc., under-valued how to be dealt with:--(1) if the registering officer appointed under the registration ..... district registrars?'10. to answer the above said questions, i have carefuly examined the provisions of both unamended and amended provisions of the act of 1957 which are extracted as hereunder,'unamended provisions of the karnataka stamp act, 1957:--section 45-a:-- instrument of conveyance etc., undervalued how to be dealt with:-- if the registering officer appointed under the registration ..... district registrars for detection of under-valuation of stamps under the provisions of karnataka stamp act, 1957 (in short 'act') have filed these petitions seeking for issuance of a writ of certiorari to quash the orders passed by the respective district registrars in exercise of their powers under section 45-a(2) of the act r/w. relevant rules; and also for ..... act, 1908 (central act xvi of 1908) while registering any instrument of conveyance, (exchange, gift, settlement, partition or dissolution of partnership, having regard to the estimated .....

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