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Judgment Search Results Home > Cases Phrase: the indian stamp punjab amendment act 2012 Page 1 of about 351 results (0.037 seconds)

Feb 18 2014 (HC)

Present:mr.Karan Nehra Advocate Vs. State of Punjab and Others

Court : Punjab and Haryana

..... . it is not in dispute that vide the indian stamp (punjab amendment) act, 2005, section 3-c has been inserted after section 3-b of the principal act i.e.the indian stamp act, 1899, the same prerna datta 2014.02.19 11:22 i attest to the accuracy and integrity of this document high court, chandigarh cwp no.25108 of 2012 (o&m) 8 reads as follows:- 3 ..... division, patiala, which was dismissed vide order dated 28.03.2012 (annexure p-12).it is, at this stage, that the petitioner has approached this court challenging these two orders as well as the vires of the indian stamp (punjab amendment) act, 2005. counsel for the petitioner has asserted that the amendment act of the state of punjab to the extent it applies to the property falling within ..... constitution of india. he places reliance upon the judgment of the supreme court in the case of state of m.p.versus rakesh kohli and others.2012 (6) scc312 to contend that ..... 28.03.2012 passed by the district collector, sangrur and the commissioner, patiala division, patiala respectively deserve to be set aside. on the other hand, counsel for the respondents submits that the legislative competence of the state of punjab is not in dispute. he contends that the challenge is to the amendment act, 2005 being violative of the provisions of the indian stamp act and the .....

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Sep 16 2013 (HC)

Saini Pushpinder Vs. Bijender Mann Alias Vijender Mann and Others

Court : Punjab and Haryana

..... further contended that in view of the amendment in section 17(1a) with effect from 24.9.2001 read with section 49(c) of the registration act, 1908 and section 53a of the transfer of property act, 18882 and article 23a of the schedule i of the indian stamp act, 1899 with effect from 24.9.2001 ..... , the agreement wherein possession has been handed over was required to be registered and in the absence of registration, the suit for specific performance could not have been decreed. reliance was accordingly placed upon gurbachan singh versus raghubir singh, 2010 (2) punjab law ..... 22 i attest to the accuracy and integrity of this document high court chandigarh aforesaid payment of rs.6,60,000/- was deposited in the punjab national bank, branch ludana, district jind and defendants no.1 and 2 in part performance of this agreement to sell had handed over actual physical ..... division bench. . it is a matter of record that on the basis of the aforesaid reference, a division bench vide its judgment dated 12.10.2012 held as under: (a) a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance ..... singh and another, 2011(2) law herald (punjab and haryana) 1136 in rs.no.5064 of 2010 has, held that such an unregistered agreement can be the basis of the suit for specific performance of such agreement. notice of motion for 06.02.2012. in the meantime, operation of the judgments and .....

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May 25 1988 (HC)

Ramesh Birch and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1988P& H281

..... . 7 of the delhi laws act, 1912. similarly, the court fees (punjab amendment) act 7 of 1922 and punjab courts (second amendment) act, 1926. were extended to delhi again under s. 7 of the delhi laws act, 1912. the indian stamp (punjab amendment act, 1912, which amended the indian stamp act, 1899, the punjab district boards (amendment) act. 1~12, which amended the punjab district boards act, 1883, and a number of such amendments which had the effect of amending the laws that were in ..... , and in suppression of previous notifications under that section, the central government extend to the province of delhi, the indian stamp (punjab amendment) act, 1922(punjab act 8 of 1922). in the year 1949, the indian stamp (east punjab amendment) act, 1949(act 27 of 1949) was passed. this brought about various amendments to the indian stamp act. this: act 27 of 1949 was extended to delhi by! notification no. sro 422 dated march 21, 1951, published in ..... force in delhi were extended. under the provisions of s. 7 of the delhi laws act, 1912. the provisions of ss. 54, 107 .....

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Nov 21 1995 (SC)

State of Punjab and Others Vs. M/S. Mahajan Sabha, Gurdaspur and Other ...

Court : Supreme Court of India

Reported in : AIR1996SC2153; JT1995(9)SC103; 1995(6)SCALE755; (1996)1SCC538; [1995]Supp5SCR526

..... only question canvassed in this case is whether limitation of two years prescribed in sub-section (3) of section 47a of the indian stamp (punjab amendment) act, 1982, act 20 of 1982) (for short 'the act') stands attracted. section 47-a reads thus :47-a(1) : instrument under valued how to be dealt with - if ..... reads thus :regarding determination/assessment of the deficient amount of duty by collector under sub-section (2) and (3) of section 47-a of the indian stamp act, 1809 in respect of sale deed no. 3033 dated 4.9.87.7. it would thus be seen that the question of initiating the action under ..... consideration of rs. 2,50,000 in respect of the building situated in gurdaspur. since it is a society registered under the societies registration act, no stamp duty was affixed on the sale deed. equally, no registration charges were paid. when it was pointed out by the auditing authority, the ..... years prescribed under sub-section (3). accordingly, we hold that the action initiated by the collector was not barred by limitation.9. admittedly, neither stamp duty nor the registration fee has been paid on the value of the instrument mentioned in registered document no. 3033. under those circumstances, the ..... prior to the issuance of the notice, the collector ceased to have any power to take action calling upon the respondents to pay the stamp duty and the registration fee. as stated earlier, the collector had rejected the contention and consequential orders were passed by the additional district judge .....

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May 04 1964 (HC)

Chander Bhan Vs. Maha Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1965P& H279

..... merely the matter would have possible stood concluded by the majority decision in delhi laws act case, air 1951 sc 332. the trouble has arisen because the indian stamp (east punjab amendment) act amended section 35 of the indian stamp act, section 35 of the indian stamp act as applicable to delhi before its amendment by the indian stamp (east punjab amendment) act, was in these terms:'35. no instruments chargeable with duty shall be admitted in evidence for ..... cannot be done directly cannot be done indirectly. thus on the terms of section 2 this argument must prevail and any modification of the indian stamp act by the indian by indian prevail and any modification of the indian stamp act by the indian stamp (east punjab amendment) act, 1949, would be inoperative.(9) it cannot be disputed and indeed it was not that a part a state has the right to enact ..... any purpose authority to receive evidence or shall be acted upon registered or authenticated by any such person or .....

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May 10 2012 (HC)

Amritpal Singh Vs. Chandigarh Administration and Others

Court : Punjab and Haryana

..... 11.08.2004. the registration and other related laws (amendment) act, 2001 (parliament act no.48 of 2001) amended the registration act, 1908; the transfer of property act, 1882 and the indian stamp act, 1899. section 11 thereof inserted clause 23a in schedule i to the indian stamp act. on 15.11.2007, an amendment carried by state of punjab by enacting the indian stamp (punjab amendment) act, 1994 (punjab act no.17 of 1994) was extended to chandigarh. the ..... , which was to be levied normally on the total market value for transfer or sale of immovable property. there is clear loss to the state exchequer under the indian stamp act, 1899. on 07.03.2012, when the case was taken up, the learned counsel for the respondents sought time to examine the issue of requirement of issuance of 'no objection certificate' in ..... , delhi, uttar pradesh and maharashtra, the hon'ble supreme court examined the issue of general power of attorney as a mean to transfer the property in a judgement reported 2012(1)scc 656 suraj lamp and industries (p) ltd. vs. state of haryana (hereinafter referred to as 'suraj lamp (ii)'). the court noticed that a power of attorney is ..... 809 and also to refer to the source of power to issue circular dated 02.09.2009. on 18.04.2012, this court framed following three questions: (i) whether the family settlement for the purpose of transfer of ownership without payment of stamp duty is permissible amongst the class-i heirs or amongst the others members of the family? (ii) whether .....

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Sep 24 1996 (HC)

Kapur Singh (Deceased by L.Rs) Vs. Dalbara Singh

Court : Punjab and Haryana

Reported in : AIR1997P& H141

..... . 44 of 1971 and the same has become effective from 15-11-1971. section 3-b has been incorporated in the act by the indian stamp (punjab amendment) act, 1971 and it is applicable within the territory of punjab. these provisions read as under:--'3-a. 1. every instrument chargeable with duty under s. 3 read with articles nos. 13, 14,27, 37, 49, 52, 53 or ..... list). it is, therefore, crystal clear that the parliament has been vested with the exclusive power to enact law regarding the rates of stamp duty in respect of promissory notes. therefore, s.3-b enacted by the punjab amendment act, 1971 will have to be read in such a manner that it does not tread in the field occupied by list 1. in fact ..... the subject of promissory note covered by item no. 49 of the schedule to the act of 1899 and, therefore, the state government cannot be said to have exempted the promissory note from payment of stamp duty. bahri, j. further observed that s. 3-b added by the punjab amendment does not apply to the promissory note and, therefore, promissory note was required to ..... be stamped with 'refugee relief stamp.5. a brief reference to the facts is necessary to decide the question referred by .....

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Jan 17 2019 (HC)

In Re: Chief Controlling Revenue Authority Vs..

Court : Delhi

..... (2003) 5 scc448 10. else, on merits of the reference, the learned amicus curiae stated: (f) stamp (punjab amendment) act, 1958 does not repeal or revoke the notification of 25th december, 1937. (g) the notification of 25th december, 1937 is not repugnant to schedule-ia added by the indian stamp (punjab amendment) act, 1958. o. ref. no.2/2016 page 10 of 23 (h) section 24 of the general ..... clauses act, 1897 will have no application since no enactment has been repealed and re-enacted in the present case. the question of notification ..... as applicable in the then province of delhi has any continuous validity and applicability in view of notification no.gsr894dated 30-09-1958 by which the central government extended the indian stamp (punjab amendment) act, 1958 replacing the previous and then prevalent stamp law in union territory of delhi w.e.f. 01-10-1958. 2. in accordance with section 57(2) of the ..... the state government notifies by a rule or an order any decision to reduce or commit, the question of application of notification does not arise. (b) judgment dated 2nd february, 2012 of the high court of calcutta in cp no.627/2011 titled emami biotech limited & anr. vs. state but which only notices the contentions and does not decide anything. o .....

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Jul 16 2019 (SC)

Chaman Lal (D) Thr. Lrs. Vs. Kamlawati (D) Thr. l.rs.

Court : Supreme Court of India

..... .800/- and not rs.1600/-.17. in this behalf learned senior counsel for the respondent has pointed out to us that the indian stamp (punjab amendment) act, 1958 received the assent of the governor of punjab on 23.04.1958 and was published in the gazette on 25.4.1958. transaction in question was prior to that date. ..... the meaning of his section: (2) an appeal may lie under this section from an appellate decree passed ex parte. (3) [repealed by section 2b of punjab act 6 of 1941].42. second appeal on no other ground- (1) no second appeal shall lie except on the grounds mentioned in section 41. 2.no ..... in which such a second appeal has to be examined more so in the context of section 41 of the punjab court act, 1918(hereinafter referred to as the punjab court act ) read with section 42 of the punjab court act. the said provisions read as under: 41. second appeals-(1) an appeal shall lie to the high court ..... the context of the provisions for second appeal under section 100 of the said code as it existed prior to the amendment of 1976, which is almost pari materia to the existing provision which applies to punjab (as noticed in pankajakshi (d) through lrs & ors.1 1 (supra) 8 in para 24). per se ..... accurate. in this context, reference has been made to the provisions of clauses (a) & (c) of sub section 1 of section 41 of the punjab court act to contend that the exercise of power would fall within the said jurisdiction.11. on consideration of the matter, we find that the high court cannot be .....

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Aug 19 2011 (HC)

Gian Singh and Another Vs. State of Punjab and Others

Court : Punjab and Haryana

..... by the person liable to pay the duty: provided that the collector shall, within a period of two years from the date of the commencement of the indian stamp (haryana amendment) act, 1973, also be competent to act as aforesaid in respect of the instruments registered on or after the first day of november, 1966 and before the first day of october, 1970. (4) any ..... record. civil writ petition no.20304 of 2009 2. the petitioners challenge the order passed by the appellate authority under the stamp act, rejecting the plea of the petitioners that they were entitled to the benefit of the amendment brought about in punjab stamp (dealing of undervalued instruments) rules of 1983. this was done through a notification issued on 02.03.2009 and extended again ..... time when the notification was made. a power to reopen the issue of undervaluation suo motu by the registering officer is available under the punjab stamp (dealing of undervalued) rules, 1983 within a period of 3 years. the said amendment to section 47-a reads as follows:- haryana.-section 47-a inserted in haryana.- section 47-a.-instruments under-valued, how to be ..... an appeal before the district judge and all such appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this act." punjab.-section 47-a inserted in punjab.- same as in haryana except for the following differences- (1) in sub-section (1) for "transferring any property", read "relating to the transfer of any property". and .....

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