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Search Results Judgments > Act:INDIAN STAMP ACT, 1899 Page:9

Mar 22 2005

Strong Construction through its partner Shesh Nath Singh son of Sri Ra ...

  • Decided on : 22-Mar-2005

Court : Allahabad

Reported in : AIR2005All224; 2005(2)AWC2058; 2005(2)ESC1385

... creates to, or in favour of, another , a right over or in respect of specified property;''SCHEDULE 1-B(STAMP DUTY CM INSTRUMENTS UNDER THE INDIAN STAMP, ACT, 1899, As AMENDED UP-TO- DATE IN ITS APPLICATION TO UTTAR PRADESH)------------------------------------------------------------------ Description of Instrument Proposed Stamp-duty------------------------------------------------------------------ 1 to 12......... : Fifty rupees 12-A Bank Guarantee, Guarantee deed executed- by a Bank as security to ... security, as should be treated as 'mortgaged deed' under Section 2(17) or a security deed under Article 57(b) of Schedule 1-B, Indian Stamp -Act, 1899 (as amended in State of U.P.), called the the Act.2. Learned counsels for the parties join in making statement that facts of each need not be referred and in an the cases ... passed by respondent No. 4.(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to charge stamp duty on security amount on the basis of Article 57 schedule 1B of the Indian Stamp Act 1899,(c) Issue any other suitable writ, order or direction which this Hon'ble court may deem just and proper in the ... it parties is in the nature of mortgage deed, copy of the respondents have failed to support their claim Court that the of charging higher stamp duty under Article 40 Schedule 1 B of the Indian Stamps Act vide impugned order dated 15th February, 1996 (Annexure 1 to the writ Petition).11. In absence of the above, decision in the case ...

Apr 25 2003

Dharmendra Kumar Vs. Union of India (UOI) and Ors.

  • Decided on : 25-Apr-2003

Court : Allahabad

Reported in : 2003(3)AWC2587

... acting under Entry No. 63 of the State List amended the Indian Stamp Act as applicable in U.P. by inserting Article 38A in Schedule 1B of the Indian Stamp Act for including licenses for arms and ammunition chargeable with stamp duty. The State Government by another Notification dated 10.5.1999 has withdrawn levy of stamp ... stamp duty under the aforesaid U.P. Act No. 23 of 1998.2. The petitioners have annexed a copy of the impugned U.P. Act No. 23 of 1998 as Annexure-1 to the writ petition.3. A perusal of the above Act shows that by it, a new Article 38A has been added in Schedule 1B to the Indian Stamp Act. By this provision, new stamp ... stamp duty can be levied under Entries 91 to 96 of the Union List, Entry 63 of the State List and Entry 44 of the Concurrent List to the VIIth Schedule of the Constitution. The State of U.P. acting under Entry No. 63 of the State List amended the Indian Stamp Act ... Indian Stamp (U.P. Second Amendment) Act, 1997 (U.P. Act No. 23 of 1998) as well as the Notification, dated 9.9.1998 Annexure-2 to the writ petition and the order dated 14.9.1998 Annexure-3 to the writ petition. The petitioner has also prayed for a mandamus directing the respondents not to realise the stamp ...

May 05 2005

Meena Khanna wife of Vinod Kumar Khanna Vs. State of Uttar Pradesh thr ...

  • Decided on : 05-May-2005

Court : Allahabad

Reported in : 2005(3)AWC2296

... stamp duty on the sale deed in question under Section 47A of Indian Stamp Act, 1899. The petitioner applied for certified copy of the order dated 27.1.2001 which was received on 19.4.2002. It is stated that before passing the impugned order dated 27.1.2001 under Section 47-A of Stamp Act ... Indian Stamp Act as it stood at relevant point of time and quoted as under:Section 4 7-A(4): The Collector may, suo motu, or on a reference from any Court or from the Commissioner of stamps or an Additional Commissioner of Stamps or Deputy Commissioner of Stamps or an Assistant Commissioner of Stamps ... without holding any inquiry as contemplated under Section 47-A (3) of the Stamp Act. Feeling against the impugned order dated 11.3.2003 the petitioner filed a revision under Section 56 of Indian Stamp Act before Chief Controlling Revenue Authority- Commissioner, Allahabad Division, Allahabad, which was registered as Revision ... 47-A of Indian Stamp Act. The reference was made well within time i.e. within the prescribed period of limitation of four years and according to Rule 341(d) of Stamp Rules, which was enforced on the relevant date, the Collector has determined the deficiency of a stamp duty amounting ... Indian Stamp Act on 27.1.2001 much after expiry of period of more than seven years from the date of Registration of the instrument in question, therefore, in view of decision rendered by Full Bench of this Court the entire proceedings initiated against the petitioner under Section 47-A of Stamp Act ...

Oct 11 2004

Smt. Padma and Ors. Vs. State of Madhya Pradesh and Ors.

  • Decided on : 11-Oct-2004

Court : Madhya Pradesh

Reported in : 2005(3)MPHT198

... Schedule I-A of the Stamp Act at conveyance rate in regard to five times the average annual rent and in regard to the premium/advance. The petitioners gave a representation dated 10-9-2001 to the State Government seeking exemption from payment of stamp duty under Section 9 of the Indian Stamp Act, 1899 (as amended in Madhya Pradesh, for short 'the Act'). Such exemption was not ... pay stamp duty under Article 35 (a) (v) and 35 (c) of Schedule I-A of the Stamp Act at conveyance rate in regard to five times the average annual rent and in regard to the premium/advance. The petitioners gave a representation dated 10-9-2001 to the State Government seeking exemption from payment of stamp duty under Section 9 of the Indian Stamp Act, 1899 (as ... to the State Government seeking exemption from payment of stamp duty under Section 9 of the Indian Stamp Act, 1899 (as amended in Madhya Pradesh, for short 'the Act'). Such exemption was not granted. The petitioners, therefore, filed this petition for a declaration that Article 35 (a) (v) and 35 (c) of Schedule I-A of the Act, when applied together, to a lease transaction, is arbitrary ... Article 33 (c) of Schedule I-A of Indian Stamp Act, 1899 as in force in Madhya Pradesh is unconstitutional when applied conjointly in regard to a lease.(b) Whether the Stamp Duty payable on the lease deeds in favour of the petitioners should be exempted or reduced by the State Government under Section 9 of the Act.Re : Point (a) :8. We may first refer ...

Nov 09 2005

Ashish Nanda Vs. State of Uttaranchal and Ors.

  • Decided on : 09-Nov-2005

Court : Uttaranchal

Reported in : AIR2006Utr30

... under the Indian Stamp Act known as The Uttar Pradesh Stamp Rules, 1942 for purposes of stamp duty. Rule 341 of the Stamp Rules is quoted below:341. For the purposes of payment of stamp duty, the minimum market value of immovable property forming the subject of an instrument of conveyance, exchange, gift, settlement, award or trust, referred to in Section 47-A(1) of the Act, ... for the purpose of levying stamp duty cannot be pressed into service for the purpose of calculating the stamp duty under the Indian Stamp Act. The reliance placed by the revisional authority on the aforesaid decision, therefore, was totally misplaced. This aspect of the matter requires to be looked into in the light of the decisions of the Stamp Act itself. The Apex Court in ... Land Acquisition Act where the criteria is different. To the aforesaid extent the argument of the learned Counsel for the petitioner has to be accepted inasmuch as the principle of assessing the future potential value of a property for the purpose of levying stamp duty cannot be pressed into service for the purpose of calculating the stamp duty under the Indian Stamp Act. The ... execution of the document that is to be considered for the purpose of determination of proper stamp duty payable on the instrument.14. The Collector while issuing notice under Section 47-A of the Indian Stamp Act has not applied his mind and has arbitrarily fixed the stamp duty ignoring the report of the Patwari. It appears that the case has been decided ...

Oct 28 1999

Ananda Chandra Pradhan Vs. Smt. Kshyamamayee Pradhan

  • Decided on : 28-Oct-1999

Court : Orissa

Reported in : 90(2000)CLT122; 1999(II)OLR642

... its inadmissibility on account of insufficiency of stamp. Such being the position, it was not open to the plaintiff to raise objection at a subsequent stage regarding the inadmissibility of the document on the ground of insufficiency of stamp. This position is clear in view of the provisions contained in Sections 35 and 36 of the Indian Stamp Act. These provisions have been interpreted and ... insufficiency of stamp could not have been raised before the very same trial Court either by the adversary or by the Court itself. It is not disputed that no action as contemplated Under Section 61 of the Indian Stamp Act has been taken. Thus, the trial Court purported to exercise jurisdiction not vested in it by calling upon the defendant to pay the stamp duty ... the aforesaid purpose, the counsel has placed reliance upon Sections 36 and 61 of the Indian Stamp Act.4. From the record it appears that Ext. A had been admitted into evidence on 18.7.1998 without any objection being raised regarding its inadmissibility on account of insufficiency of stamp. Such being the position, it was not open to the plaintiff to raise objection ... evidence without any objection being raised relating to insufficiency of stamp, at subsequent stage of the suit, the said question could not have been raised either by the other side or by the trial Court itself. For the aforesaid purpose, the counsel has placed reliance upon Sections 36 and 61 of the Indian Stamp Act.4. From the record it appears that Ext. A ...

Mar 31 1995

Rajinder Kumar Mittal and Anr. Vs. State of Punjab and Anr.

  • Decided on : 31-Mar-1995

Court : Punjab and Haryana

Reported in : (1995)110PLR411

... by the Collector under the provisions of the Indian Stamp Act (for short : 'the Act'). Learned Assistant. Advocate General, Punjab contended that during audit it was found that the lease deeds were not stamped according to the provisions of the Indian Stamp Act and, therefore, the notices have been issued to recover the requisite stamp duty and registration fee.3. There is no ... if they are found to. be insufficiently stamped by the Collector under Section 40 of the Indian Stamp Act. There is no provision in the Indian Stamp Act apart from Section 40, to recover deficit stamp duty. The registering authority is not empowered to call upon either the executant or beneficiary to pay the deficit stamp duty, subsequent to and long after ... deficit stamp duty and registration fee. He has further contended that it is not a case where recovery was ordered by the Collector under the provisions of the Indian Stamp Act (for short : 'the Act'). Learned Assistant. Advocate General, Punjab contended that during audit it was found that the lease deeds were not stamped according to the provisions of the Indian Stamp Act ... pay the deficit stamp duty, subsequent to and long after the registration of the document. After registration of the document, the Registering Authority becomes functus officio. The provisions of Chapter (4) of the Indian Stamp Act will apply to the document not duly stamped. Under the provisions of Chapter (4) of the Stamp Act, if document not properly stamped, is produced before ...

May 27 1950

Chief Controlling Revenue Authority and Superintendent of Stamps Vs. M ...

  • Decided on : 27-May-1950

Court : Supreme Court of India

Reported in : (1950)52BOMLR769; (1950)IIMLJ564(SC); [1950]1SCR536

... Stamp Act a Collector could certify that the document was properly stamped, although it was not sufficiently stamped on a true construction, and when such a certificate was given the Controlling Authority could do nothing. He had not even the power to refer that case to the Court to levy a higher stamp duty. For these reasons, it was contended that the scheme of the Stamp Act ... if he does not do it.' The judgment did not end by relying only on that portion of section 51(1) of the Indian Income Tax Act, 1918. It proceeds to state as follows :- 'Put that case aside. The rule here is supported upon the earlier part of the section. ... to levy a higher stamp duty. For these reasons, it was contended that the scheme of the Stamp Act was materially different from the scheme of the Income Tax Act. 6. In our opinion the appellant's contentions are unsound. The first contention that section 57 of the Stamp Act gives only a ... Income Tax Act was different from the scheme of the Stamp Act. In our opinion, the observations quoted above and the principles underlying the same are applicable to the duty case on the appellant under section 57 of the Stamp Act and minor points of distinction between the schemes of the two Acts are ... against him under section 45 of the Specific Relief Act, to cancel the levy of the stamp duty and penalty as claimed on behalf of the appellant or in the alternative the appellant may be ordered under section 57 of the Stamp Act to refer the matter to the High Court for ...

Jul 25 1983

Bhagwan Dass Arora Vs. First Additional District Judge, Rampur and Ors ...

  • Decided on : 25-Jul-1983

Court : Supreme Court of India

Reported in : AIR1983SC954; 1983(2)SCALE40; (1983)4SCC1; [1983]3SCR493

... be furnished for complying with the order made under the proviso to Section 17(1) of the Act must be duly stamped as required by the Indian Stamp Act. Article 57 of the Indian Stamp Act was called in aid of this conclusion. Frankly speaking, we have own reservations whether Article 57 ... Indian Stamp Act. Article 57 of the Indian Stamp Act was called in aid of this conclusion. Frankly speaking, we have own reservations whether Article 57 would at all be attracted but we are not disposed to resolve this controversy in this case and leave it for a more detailed argument because in this case, as directed by the Court, the appellant had furnished the requisite stamps ... legal infirmity as found by the learned Judge of the High Court that instead of it being stamped as required by the Indian Stamp Act, it was stamped with a court-fee stamp of Rs. 2.7. Look at the agony and misery of the appellant. Two premier High Courts, ... supply the requisite stamps as required by the provisions of the Indian Stamp Act. There was no fresh bond but old bond was duly stamped. In this situation, why should the appellant be penalized by shutting the doors of justice even though as advised by his lawyer, he acted in the ... stamped. However, when the matter was before the trial court, on the contention being raised by the decree holder the appellant, as directed by the Court, did supply the requisite stamps as required by the provisions of the Indian Stamp Act. There was no fresh bond but old bond was duly stamped ...

Nov 26 1964

Board of Revenue, Uttar Pradesh Vs. Rai Saheb Sidhnath Mehrotra

  • Decided on : 26-Nov-1964

Court : Supreme Court of India

Reported in : AIR1965SC1092; [1965]2SCR269

... 57 of the Indian Stamp Act, 1899. The Board of Revenue referred the following question to the High Court : (1) Whether the document is a sale-deed for a consideration of Rs. 1,00,000 as contended by the executants. (2) Whether in view of the provisions of Section 24 of the Stamp Act, the sale ... 7. On these facts, Mr. C. B. Aggarwala, the learned counsel for the appellant, contends that on a true interpretation of section 24 of the Indian Stamp Act, 1899, the consideration for the purpose of calculating ad valorem duty is either Rs. 10,00,000, or Rs. 5,55,000 or at least Rs. 1 ... mortgage or other encumbrance' in the explanation to section 24 qualities the word 'sale' and not the word 'property'. We reed hardly say that the Stamp Act is a taxing statute and must be construed strictly, and if two meanings are equality possible, the meaning in favour of the subject must be given ... Stamp Act, the sale consideration shall be deemed to be Rs. 5,55,000 and liable to be paid thereon as held by the Board. (3) Whether the consideration of the sale will be deemed to be Rs. Ten Lakhs, i.e., the entire amount due to the mortgagee Bank, and duty is payable thereon. (4) On what amount is the additional stamp ... i.e., the entire amount due to the mortgagee Bank, and duty is payable thereon. (4) On what amount is the additional stamp duty under section 107 of the Kanpur Development Act, 1945, leviable. 2. The High Court gave the following answer to the first three question : 'The document in question is ...

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