Stamp Act, 1899, Section 33 -- Impounding of un-stamped and un-registered document - Development agreement - Obligation of paying registration fees and stamp duty is on Unitech - Unitech's claim to compensatory payment cannot be defeated on sole ground of payment of stamp duty - Development agreement shall have to be impounded and be presented to Chief Controlling Revenue..........
Document -- Deed of undertaking - Plea of issuing blank signed papers alleged to be misused - Held, bald denial regarding genuineness of Deed of undertaking despite admitting signatures does not cast any doubt on the genuineness of said document...........
Document -- Deed of undertaking - Plea of issuing blank signed papers alleged to be misused - Held, bald denial regarding genuineness of Deed of undertaking despite admitting signatures does not cast any doubt on the genuineness of said document...........
Will -- Will and agreement to sell - Validity - Once agreement for sale was mentioned in Will and obligations there under were purportedly passed on to legatee, agreement for sale did not remain an independent or stand alone document - Therefore, looking to nature, purport and contents of these documents, time gap between two is not of much relevance when examining..........
Sale in course of import -- Carries three essential features Viz. - (i) that there must be a sale; (ii) that goods must actually be imported into the territory of India; and (iii) that sale must be part and parcel of import - Sale would become part and parcel of import if it either occasions such import or if it occurs by way of a transfer of document of title to the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Assessment of monthly income - Claimants unable to produce any document evidencing income of deceased `V' - But that does not justify adoption of lowest tier of minimum wage while computing his income - Evidence on record shows that deceased `V' was comparatively more educationally qualified..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute relating to lease/tenancy - Petitioner being an individual who is a national of Kenya and is habitually a resident of that country, having entered into a contract and since disputes have arisen under said document, same qualifies as an `International Commercial Arbitration' as..........
Tender -- Blacklisting - Show cause notice - Validity - Mere existence of a clause in Bid Document, which mentions blacklisting as a bar against eligibility, cannot satisfy mandatory requirement of a clear mention of proposed action in show cause notice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Vacation of - Occupancy rights given to petitioner on the ground that he is agricultural tenant of suit property - RTC extract shows name of respondent no.3 as a cultivator - No document was produced to indicate that there was an arrangement on crop sharing basis - Even property in question lost its..........
Stamp Act, 1899, Section 40 -- Insufficiently stamped document - Imposition of 10 times penalty by Collector - It is only in very extreme situation that penalty needs to be imposed to the extent of ten times...........
