Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Issue of insufficiently or incorrectly stamped arbitration agreement can be finally decided at a later stage - Court cannot review or go into this aspect u/s 11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Stamp duty has been paid on agreement - Whether it is insufficient or appropriate is a question that may be answered at a later stage - Former Judge of High Court of Karnataka appointed as sole arbitrator to adjudicate the issues...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped document - Release deed sought to be produced in evidence is unregistered and unstamped - Said document is not a record of a past oral transaction or a previous decision of Panchayat - Release deed rightly rejected for want of stamping and registration...........
Stamp Act, 1899, Section 47A -- (as amended by State of UP) - Deficient stamp duty - Sale deed - Show cause notice issued to petitioner erroneous and lacking in material particulars - Date of sale deed mentioned in notice is in complete variance to sale deed in question - Even, ex parte report of Sub-Registrar cannot be relied upon by authority concerned for ascertaining..........
Stamp Act, 1899, Section 31, 35 -- Nature of document - Deed of assignment or lease deed - Tenor, contents and background of proposed instrument reveals that it is a deed of assignment of lease and not sale - Proposed instrument is thus, a deed of assignment and that it will be chargeable in accordance with Art.63 of Scheduled 1-B of Stamp Act on basis of amount of sale..........
Service -- Dismissal - Theft of non-judicial stamp papers - Dispensing with enquiry - Dismissal order does not indicate any reason for dispensing with inquiry - When the Rules applicable mandates recording of reasons, very order should disclose the reasons for dispensing with the inquiry - There appears no valid reason to dispense with inquiry and to invoke R.161 of Rules..........
Registration Act, 1908, Section 17, 49 -- Unregistered and insufficiently stamped document which is compulsory registrable - Document validated by payment of deficit stamp duty and penalty - Defect of document being insufficiently stamped is cured but defect of document being unregistered is not cured - Such document cannot have any affect on immoveable property comprised..........
Stamp Act, 1899, Section 33 -- Deficient stamp duty - Order for demand - Show cause notice not issued to petitioner to explain with regard to undervaluation of property - Order for demand is required to be proceeded by appropriate reasons - Until and unless an explanation is sought for from petitioner by respondent making demand straightaway without hearing him, is..........
Agreement to sell -- Insufficiently stamped - Suit for specific performance - Agreement to sell in question is insufficiently stamped - Trial Court committed material illegality while decreeing the suit without considering the provisions of Ss.33, 35 of Stamp Act - Impugned order of trial Court held, dismissed - Trial Court directed to decide the suit afresh...........
Stamp Act, 1899, Section 47A -- (As amended by State of U.P) - Deficient stamp duty - Gift deed - Agricultural land was gifted by father-in-law in favour of petitioner - Revenue authorities have failed to bring on record any material to substantiate that any Abadi was existing nearby - It is admitted case of District authorities that it is an agricultural land - Gift deed..........
