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Judgment Search Results Home > Search Phrase: karnataka stamp act section 45a Year: 2013 Page 1 of about 1 results (0.008 seconds)

Jul 23 2013 (HC)

Motilal S.Tahalramani Vs. the State of M.P. and ors.

Court : Madhya Pradesh

..... .2. the contention of shri avinash zargar, learned counsel for the petitioners is that the rules under the karnataka stamp act are altogether different while in the state of m.p. they are different. by putting emphasis on the indenture for the lease of nazul land ..... the status of the petitioners would be that of lessee. thus, it has been submitted that despite the decision of karnataka high court consolidated coffee ltd. (supra) is not applicable in the present case, but, the stamp duty chargeable upon the lease deed is to be levied and if the sub-registrar has directed to deposit such ..... and it is hereby held that on the document annexure p/5 dated 30.10.2004 the stamp duty of assignment is to be levied. let the excess amount which has been realized by the respondents from the petitioners be returned back to them on ..... lease deed and thereafter the document has been registered by the sub-registrar, therefore, according to me the respondents are bound to pay back the excess amount of stamp duty to the petitioners.8. resultantly, this petition succeeds and is hereby allowed. the impugned order annexure p/3 dated 12.4.2004 is hereby set aside ..... assigning his right in favour of the petitioners, the deed in the eye of law would be an assignment deed and not the lease deed and hence the stamp duty is chargeable on the assignment and not on the lease deed.4. combating the aforesaid submissions of learned counsel for the petitioners, shri v.k. agrawal, .....

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Apr 23 2013 (HC)

Deutsche Trustee Company Ltd. Vs. Mascon Global Ltd.

Court : Chennai

..... to the schedule to the karnataka stamp act. but in the present case, admittedly, no such stamp duty has been paid, though it is open to this court to impose penalty for deficit stamp duty, still it is to be seen whether the petitioner is entitled to equitable relief under section 433, 434 to wind up ..... of power of attorney. 42 the ratio of the judgment in this case was that power of attorney was liable to pay stamp duty for proceeding in india under indian stamp act though executed outside india. 43 after the judgment was reserved, a memo, dated 30.3.2012 has been filed in the ..... for consideration is only for the purpose of recovery proceedings. it is held that the same cannot bar a statutory remedy available under section 439 of the companies act and that even the note holders can institute such proceedings. in the instant case, as evident, the trustee themselves have filed the ..... the satisfaction of the petitioner and/ or the bondholders. 33 that the company has been duly served with a statutory notice under section 434 and 434 of the companies act, 1956 but has failed and neglected to pay the petitioner or to secure to the petitioners satisfaction, the said amounts due and ..... . (ii) that the respondent company is a growing and running concern with its operations in india and abroad. therefore, provisions of sec.433, 434 read with 438 of companies act, cannot be used merely to recover money, based on false allegations. (iii) that the respondent company was incorporated in the year .....

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Feb 21 2013 (HC)

The District Registrar D C Office Building Shimoga District and Anothe ...

Court : Karnataka

..... 6. in this backdrop, we have considered the submissions advanced by learned counsel for the parties. the government of karnataka has published a market value guidelines as provided for in section 45-b of the karnataka stamp act, 1957 (for short the act) and the rules framed thereunder. the guidelines, as referred to in para-9 of the order, are notified ..... government values under the karnataka stamp (constitution of central valuation committee for estimation, publication and revision of market value guidelines of properties) ..... rules 2003 (for short the rules). 7. section 45-b of the act ..... of the notified government value. 3. after inviting our attention to the aforesaid observations, learned aga submits that these observations are not consistent with the provisions of the karnataka stamp act, 1957 and the rules framed thereunder and the observations made in the judgment of the supreme court in state of punjab and others vs mohabir singh .....

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Jan 29 2013 (HC)

Channaibhairayya Vs. the Commissioner Bangalore Development Authority ...

Court : Karnataka

..... of consideration and placing the holder of the power of attorney in possession of immovable property, does not conform to the mandate of registration law and payment of stamp duty under the karnataka stamp act, 1957. petitioner having not pleaded the execution of a conveyance deed by the vendor-in-title except for the execution of the gpa-annexure a and an affidavit ..... conveyances as they neither convey title nor create any interest in an immovable property. they cannot be recognized as deeds of title, except to the limited extent of section 53a of the tp acttp acttp act. such transactions cannot be relied upon or made the basis for mutations in municipal or revenue records. this rule applies not only to deeds of conveyance in ..... is stated that respondent-bda issued a preliminary notification dated 14.12.2001 for acquisition of lands to form a layout known as sir m visveswaraiah layout published in the karnataka gazette dated 24.1.2012 and yet another preliminary notification dated 15.4.2002, while the final notification was published in the gazette on 23.5.2002. since the land ..... to allot an alternate site. 5. conveyance of immovable property of value more than rs. 100/- is required to be effected by a conveyance deed duly registered under section 17 of the registration act, 1908. any other form of conveyance, more appropriately by execution of a general power of attorney and an affidavit sworn to by the vendor-in-title admitting receipt .....

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Mar 18 2013 (HC)

M/S. Archana Associates (R) a Partnership Firm by Its Managing Partner ...

Court : Karnataka

..... be supplied by the payment of such duty and penalty. the only defect that is cured is the duty with penalty attracted under the karnataka stamp act, 1957 was collected. this by itself would not enable the court to act upon an unregistered document which was compulsorily registerable. therefore, the same having been marked in evidence, would not advance the case of the appellant ..... a period 30 years in respect of the property was admitted and therefore, the suit could not have been decreed, the question is whether the trial court was bound to act on the admission by the plaintiff in this regard. no doubt it is laid down under order xii rule 6 of the code of civil procedure, 1908 that, where admissions ..... admitted by the plaintiff. in that light of the matter, the plaintiff having sought to rely upon yet another agreement which was for a lesser term and the court having acted on the second agreement which was not produced and marked in evidence, did not entitle the plaintiff to any such decree. 4. since the only contention that the appellant seeks .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... and schedule ii dealing with fixed court fees.3. by the court fees (delhi amendment) act 2012, section 26 of the court fees act was re-numbered as sub-section (1) thereof and sub-section (2) was inserted as follows:(2) for the purposes of sub-section (1), and section 25, stamp means any mark, seal or endorsement by any agency or person duly authorized by the appropriate ..... set down hereafter: 95. now at the end of the day, what remains is the suggestion necessary in regard to the rationalisation of the court fees under the rajasthan act and the karnataka act . the arguments in the case highlight an important aspect. the levy of court fee at rates reaching 10 per cent ad valorem operates harshly and almost tends to price ..... ; the recommendations of the law commission of india have all come after the three pronouncements in question the last being in 1996.869. the circumstances and conditions in tamil nadu; karnataka; rajasthan and maharashtra, four large states, vary from the prevalent conditions in delhi a metropolis which is a union territory. the demographic profile of the persons residing in delhi; ..... converse is not valid. general public revenues can, with justification, be utilised to meet, wholly or in substantial part, the expenses on the administration of civil justice. many states including karnataka and rajasthan had, earlier, statutory upper limits fixed for the court fee. but later legislation has sought to do away with the prescription of an upper limit. the insistence on .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... and schedule ii dealing with fixed court fees.3. by the court fees (delhi amendment) act 2012, section 26 of the court fees act was re-numbered as sub-section (1) thereof and sub-section (2) was inserted as follows:(2) for the purposes of sub-section (1), and section 25, stamp means any mark, seal or endorsement by any agency or person duly authorized by the appropriate ..... set down hereafter: 95. now at the end of the day, what remains is the suggestion necessary in regard to the rationalisation of the court fees under the rajasthan act and the karnataka act . the arguments in the case highlight an important aspect. the levy of court fee at rates reaching 10 per cent ad valorem operates harshly and almost tends to price ..... ; the recommendations of the law commission of india have all come after the three pronouncements in question the last being in 1996.869. the circumstances and conditions in tamil nadu; karnataka; rajasthan and maharashtra, four large states, vary from the prevalent conditions in delhi a metropolis which is a union territory. the demographic profile of the persons residing in delhi; ..... converse is not valid. general public revenues can, with justification, be utilised to meet, wholly or in substantial part, the expenses on the administration of civil justice. many states including karnataka and rajasthan had, earlier, statutory upper limits fixed for the court fee. but later legislation has sought to do away with the prescription of an upper limit. the insistence on .....

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Sep 26 2013 (SC)

M/S Larsen and Toubro Limited and anr. Vs. State of Karnataka and anr.

Court : Supreme Court of India

..... objections to this notice as well.9. on 03.07.2006, the deputy commissioner issued provisional assessment orders under section 28(6) of the karnataka sales tax act, 1957 (for short, kst act ) for the years 2000-01 to 2004-05. along with the provisional orders, the deputy commissioner also issued ..... flat as a measure for protecting prospective flat purchasers is irrelevant. with reference to entries 25, 5 and 63 of the bombay stamp act, 1958 which provide for stamp duty on conveyance including an agreement for sale of property, agreement or its record or memorandum of agreement and works contract respectively ..... mean immovable property but some other form of goods being movable property. according to him, artificial rules or other enactments like mofa, bombay stamp act would not be relevant at all in ascertaining whether transfer of property in goods has taken place in the execution of works contract. model ..... that the cost shall be determined in accordance with the guidelines appended to the annual statement of rates prepared under the provisions of the bombay stamp (determination of true market value of property) rules, 1995 as applicable on 1 january of the year in which the agreement to sell the ..... of the land shall be determined in accordance with the guidelines appended to the annual statement of rates prepared under the provisions of the bombay stamp (determination of true market value of property) rules, 1995, as applicable on the 1st january of the year in which the agreement to .....

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Mar 08 2013 (HC)

Dr.Deochand Bhura Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... name of petitioner's wife one smt. vijay laxmi bhura, decided the appeal. it is stated that in view of the provisions of section 3 of the stamp act consideration of collateral circumstances/evidence for demanding stamp duty on the instrument is illegal. further relying on the judgment rendered by the division bench in the case of shiv kumar saxena ..... state of m.p., (2003) 1 mplj 341 it has been held by this court that if three conditions as stipulated in section 33(1) of indian stamp act are fulfilled, impounding of the document under section 33 is permissible. it is stated that the conditions are that the authority empowered to impound the document must be the authority specified ..... duty is chargeable upon an instrument, the legal rule is that the real and true meaning of the instrument is to be asserted.9. the karnataka high court also considered some of these questions in the matter of l & t komatsu ltd. vs. senior sub registrar, air 200 ..... .karnataka 306 and held that in understanding a deed or a document, particularly a document conveying title, the document has to be read as a whole ..... act, 1925 a will is defined to mean a legal declaration of the intention of a testator with respect to his or her property which he desires to be carried into effect after his or her death. in the case of n. ramaiah vs. nagaraj (2001) 4 karn. l.j.12 (d.b.) the division bench of karnataka .....

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Feb 11 2013 (HC)

Krishna Gupta and anr. Vs. M/S Rajinder Nath and Co Huf and ors

Court : Delhi

..... her share in the joint family properties because she had not married till the enforcement of the karnataka act 23 of 1994. section 6-a of the karnataka act 23 of 1994 is identical to section 29a of the andhra pradesh act. therefore, there is no reason why ratio of the judgment in s. sai reddy v. s ..... however, if the conclusion is contrary thereto, then the plaintiff has to pay the court fees under section 7(iv)(b) of the court fees act, i.e., on the value of the plaintiffs share. [ref.: chief inspector of stamps vs. indu prabha vachaspati & ors., 1998 (9) scc 157.jamila khatoon vs. saidul nisa, air ..... urged by the counsels for the defendants no.2 and 4 for seeking rejection of the plaint is that the same has been written on insufficiently stamped papers. it was submitted that the plaintiffs have been married for over forty years and they have been residing in their respective matrimonial homes and ..... suit is liable to be rejected on three counts, firstly because section 6 of the 2005 act, does not have application to a case where partition had opened prior to promulgation of the amended section 6, secondly, the plaint has been insufficiently stamped for the relief of partition as the plaintiffs are not in actual ..... pay ad valorem court fees on the valuation of their shares in the suit premises for the relief of partition and the plaint has been insufficiently stamped by them by paying fixed court fees for the said relief.2. the factual matrix of the case is as follows. plaintiffs no.1 and .....

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