Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Stamp Act, 1899, Section 3 -- Stamp duty - In matters of stamp duty decisive factor is not nomenclature assigned to instrument but the substance of rights and obligations it embodies...........
Stamp Act, 1899, Section 2(17) -- Mortgage deed - Instrument executed by appellant fulfills essential characteristics of a mortgage deed - Deed confers a right over specified properties in favour of Development Authority to secure performance of an obligation while preserving appellant's interest until full discharge of obligation - Nomenclature "Security Bond cum Mortgage..........
Stamp Act, 1899, Article 40, 57 -- Stamp duty - Mortgage deed - Deed was not executed by a surety but by principal debtor/appellant/company through its director - Company itself mortgaged properties and not the director in his individual capacity - In absence of any surety to attract Art.57 of the Act, deed executed by appellant cannot be termed as a security bond - It..........
Stamp Act, 1899, Section 33, 38, 40, 42, 48, Registration Rules, Rule 107 -- Deficient stamp duty - Non registration of an instrument presented would not be a ground to seek return of document - Execution of document would be sufficient for the purpose of recovering deficit stamp duty by invoking provisions of Stamp Act...........
Stamp Act, 1899, Section 33, 38, 40, 42, 48, Registration Rules, Rule 107 -- Deficient stamp duty - Any document/instrument presented for registration must be scrutinized at the first instance regarding correctness of stamp duty paid - Once Registering Authority found insufficient stamp duty has been paid, he is duty bound to impound the document and send it in original to..........
Registration Act, 1908, Section 17(b) -- Registration - Compromise decree - Order of Court/decree which extinguishes rights, title or interest is required to be compulsorily registered - Right course thus, open for Civil Judge was to decree the suit and send a copy of decree for registration to Sub-Registrar u/s 17 of the Act - Sub-Registrar, if deemed necessary, can take..........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - Photocopy of a document cannot be validated - Only original document can be validated - Even in cases where parties are allowed to lead secondary evidence even then photocopy of document cannot be validated - Impugned order vide which photocopy of document was ordered to be not impounded but deficient stamp duty..........
Stamp Act, 1899, Section 3 -- Stamp duty - Consent decree - Plaintiff has prayed for partition of suit property left behind by his father and during pendency of suit, plaintiff and defendant settled their dispute and have entered into terms of Settlement - Plaintiffs and defendants were not having any pre-existing right over property - Merely by executing a terms of..........
