Agreement to sell -- Specific performance - Defendant did not dispute his signatures on agreement - However, contention of defendant that blank stamp papers signed by him had been used for this purpose is not accepted by Courts below - Agreement to sell has been proved by plaintiff - Suit rightly decreed in favour of plaintiff...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped documents - Documents styled as agreements executed for clarificatory purposes to set out the dimensions which were missed out in corresponding registered sale deeds - Documents cannot be treated as instruments or conveyance creating any additional rights in party - Such documents..........
Revenue stamp -- Use of old revenue stamps - There is no bar in law for using old revenue stamps on the documents executed later on...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Plea of divorce by mutual consent - Marriage between two Hindus can be dissolved only by modes recognised by Hindu Marriage Act and unilateral declaration executed on a stamp paper worth Rs.10/- is not a mode of dissolution of Hindu Marriage recognised by law..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times is not mandatory and discretion lies with the authority...........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times - No material to show that petitioner intentionally tried to evade payment of stamp duty or attempted to cause loss to revenue - Petitioner is ready and willing to pay deficient stamp duty - Petitioner shall be liable to deposit stamp duty along with equivalent amount as..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times is not mandatory and discretion lies with the authority...........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times - No material to show that petitioner intentionally tried to evade payment of stamp duty or attempted to cause loss to revenue - Petitioner is ready and willing to pay deficient stamp duty - Petitioner shall be liable to deposit stamp duty along with equivalent amount as..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Expert opinion - Sending of promissory note to Security Press to know the year of manufacturing of stamp affixed on promissory note - Stamp on promissory note was of the year 2021 and promissory note receipt was of the year 2019 - In view of same, an opportunity can be given to petitioner to..........
Will -- Suspicious circumstances - Plaintiff stated that Wills were executed on stamp papers, however, Wills on record have been executed on plain papers - Defendants have taken a plea that their thumb impressions were obtained on some blank papers on the pretext of using these thumb impressions in civil case - Both the testators were illiterates is duly corroborated by..........
