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Search Results Judgments > Act:karnataka stamp act Section 45A Year:2013

Jul 16 2013

M/S INTEGRATED FINANCE CO.LTD. Vs. RESERVE BANK OF INDIA ETC.ETC.

  • Decided on : 16-Jul-2013

Court : Supreme Court of India

... for the appellant that the non-obstante clause contained in Section 45A ought to be given a limited application. Even applying the ratio of the judgments cited by the learned senior counsel, there is no justification for lessening the scope of the applicability of the non- obstante clause in Section 45Q of the RBI Act. It states in categoric terms that provisions of Chapter ... Scheme under Sections 391-394 of the Companies Act. Mr. Datar relied upon the case of JIK Industries Limited & Ors. Vs. Amarlal V. Jumani & Anr,[8]. wherein it was held that under the scheme of the modern legislation, non-obstante clause has a contextual and limited application. Reliance was also placed upon the case of R.S. Raghunath Vs. State of Karnataka & Anr ... in Chapter IIIB of the RBI Act.43. We are unable to accept the submission of the learned counsel that Section 45QA of the RBI Act is not a bar to a scheme under Sections 391-394 of the Companies Act. Under Section 391 of the Companies Act, whilst approving the scheme, the Company Court does not act as a rubber stamp. The Companies Act has to be satisfied that ... submission of Mr. Chagla that if overriding effect is given to Section 45QA, the provisions contained in Section 391 would be rendered nugatory so far as NBFCs are concerned. We are not persuaded to accept the submissions of the learned senior counsel for the appellant that the non-obstante clause contained in Section 45A ought to be given a limited application. Even applying the ...

Jul 23 2013

MOTILAL S.TAHALRAMANI Vs. THE STATE OF M.P. AND ORS.

  • Decided on : 23-Jul-2013

Court : Madhya Pradesh

... to pay the stamp duty on the assignment of lease in terms of the decision passed by Karnataka High Court Consolidated Coffee Ltd. Vs. District Registrar, Kodagu and another AIR 200.Karnataka 525.2. The contention of Shri Avinash Zargar, learned counsel for the petitioners is that the rules under the Karnataka Stamp Act are altogether ... 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 stamp duty which the petitioners has deposited, the petitioners ... 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 ... 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. ... dated 12.4.2004 is hereby set aside 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 ...

Apr 23 2013

Deutsche Trustee Company Ltd. Vs. Mascon Global Ltd.

  • Decided on : 23-Apr-2013

Court : Chennai

... Karnataka High Court, Power of Attorney was duly stamped, as per Article 54 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 ... 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 ... Karnataka High Court was one where no stampt duty has been paid. The memo filed after the judgment reserved without liberty of the Court cannot be taken on record or can be basis for the judgment. 46 It may be noticed here, that in the case before the Karnataka High Court, Power of Attorney was duly stamped ... be unable to pay its debts in terms of Section 434(1)(a) of the Companies Act, 1956, and consequently is liable to be wound up by the orders and directions of this Court in terms of Section 433(e) of the Companies Act, 1956. 37 The Company petition is opposed by raising ... 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 ...

Feb 21 2013

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

  • Decided on : 21-Feb-2013

Court : Karnataka

... 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 ... 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, ... 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 (AIR ... regarding the market value. The Supreme Court in Mohabir Singh (supra) while dealing with similar guidelines issued by the Government of Punjab under the provisions of the Stamp Act (2 of 1899) made the following observation in paragraph 5, which read thus: 5. The guidelines provided by the State would only serve as prima facie material ...

Jan 29 2013

Channaibhairayya Vs. The Commissioner Bangalore Development Authority ...

  • Decided on : 29-Jan-2013

Court : Karnataka

... 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 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 ... 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 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 regard ... 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 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 ... 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 ...

Mar 18 2013

M/s. Archana Associates (R) A Partnership Firm By its Managing Partner ...

  • Decided on : 18-Mar-2013

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 ... 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 ... 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 ...

Oct 25 2013

Egon Zhender International Pvt. Ltd. Vs. M/s Namgayal Institute for R ...

  • Decided on : 25-Oct-2013

Court : Delhi

... the courts, especially as the Stamp Act itself enacts that when a document is once admitted in evidence, though not properly stamped, the admission cannot be called in question after-wards in the suit, (see Section36) and that criminal courts might ignore the Stamp Act, (section 33 Clause 2(a)). Most unstamped and insufficiently stamped documents could also be made ... the Registration Act. In this regard, Section 35 of the Indian Stamp Act, 1899 (in short the Stamp Act) is instructive which prohibits instruments from being tendered as evidence if, they are not stamped in accordance with the provisions of the said Act. The authority before which such a document is produced is empowered to impound such a document, under Section 33 of the Stamp Act. ... Stamp Act, which had the revenue implications, as against those which did not have an impact on revenue but furthered public policy, such as, the Registration Act. In this regard, Section 35 of the Indian Stamp Act, 1899 (in short the Stamp Act) is instructive which prohibits instruments from being tendered as evidence if, they are not stamped in accordance with the provisions of the said Act ... to registration and attestation of documents. But where a document is not merely made inadmissible in evidence (wholly or for certain purposes as in the Registration Act, Section 49 Clause (c), but the Legislature has further enacted that a document not registered shall not affect any immoveable property comprised therein or that a transaction ...

May 08 2013

Salitho Ores Pvt Ltd. and Others Vs. The Captain of Ports Captain of P ...

  • Decided on : 08-May-2013

Court : Mumbai - Goa

... Section 22 of Karnataka Excise Act. Section 22 conferred power on the Government to fix rates of excise duty. There was no guideline in Section 22 about upper limit of the duty which could be fixed. Repelling the contention that this had resulted in excessive delegated power, Mathew, J. speaking for this Court held that power conferred on the Government by Section ... 2009 is ultra vires Section 9(3) of the MMDR Act? (2) Whether the amended Rule 64D is ultra vires of sub-section (3) of Section 9 of the MMDR Act? (3) Whether the directive dated 10/12/2009 is ultra vires of the provisions of Section 9(3) of the MMDR Act? (4) Whether the ... of section 9(3) of the MMDR Act but have contended that the amendment which has been made in the Second Schedule is ultra vires Section 9(3) of the MMDR Act. In the said case, two main questions were decided by the Apex Court viz (I) whether section 9(3) of the MMDR Act ... Section 9(3) of the MMDR Act. In the said case, two main questions were decided by the Apex Court viz (I) whether section 9(3) of the MMDR Act is ultra vires to the Constitution and (ii) whether the Notification dated 01/08/1991 issued by the State Government under section 9(3) of the Act ... ad valorem. It is, therefore, contended that the said amendment is ultra vires to the provisions of section 9(3) of the MMDR Act. Thirdly, it is contended that proviso to sub-section (3) of Section 9 clearly provides that Central Government shall not enhance the rate of royalty in respect of any ...

Dec 18 2013

Esi Corpn. Vs. Kerala Solvent Extractions Ltd.

  • Decided on : 18-Dec-2013

Court : Kerala

... Section 45A of the Act. Reference is made to Section 91A of the Act where it has been specifically stated that the amendment made to that section has got only prospective effect. I do not find any merit in the submission made by counsel. Section 91A was inserted in the Act under Act 44 of 1966 and it came into operation from 17.06.1967. Previously, effect of that section ... Section 45A of the Act, which has come into force with effect from 01.06.2010. Section 45A of the Act reads thus: "45A. Determination of contributions in certain cases.-(1) Where in respect of a factory or establishment no returns, particulars, registers or records are submitted, furnished or maintained in accordance with the provisions of Ins. Appeal No. 5/2013 3 section ... Section 45A of the Act. Order passed by this Court in the previous appeal of Corporation was rendered at a time when the decision of the apex court in Santhakumar's Case with respect to Section 45A of the Act, as it then stood, held that no period of limitation can be canvassed against proceedings over delayed or omitted contribution. After amendment to that section ...

Oct 09 2013

Delhi High Court Bar Association & Anr Vs. Govt of Nct of Delhi & Anr

  • Decided on : 09-Oct-2013

Court : Delhi

... Karnataka, Rajasthan and Maharashtra under the provisions of the Karnataka Court Fees and Suits Valuation Act, 1958, the Rajasthan Court Fees and Suits Valuation Act, 1961 and the Bombay Court Fees W.P.(C)No.4770/2012 page 471 of 531 Act, 1959 respectively.834. The petitioners from Rajasthan had challenged before the High Court of Rajasthan the constitutional validity of the provisions of Section ... (Rs.) Fee levied as per the share in the property. page 244 of 531 one thousand rupees.405. The plaintiff has to additionally pay stamp duty under Entry 25 of Schedule I of the Indian Stamp Act, 1899 while drawing up of the partition decree. It is noteworthy that the respondents have prescribed payment of ad valorem court fee on a ... Section 20 read with Article 1 Schedule 1 of the Rajasthan Act which prescribed and authorised the levy of court-fees on a uniform ad valorem basis without the prescription of any upper limit. The High Court upheld the constitutionality of the impugned provision which was then challenged before the Supreme Court.835. The appeal and the Special Leave Petitions from Karnataka ... 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 government, and includes an adhesive or impressed stamp, for the purposes ...

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