Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
Stamp Act, 1899, Section 33 -- Deficient stamp duty - District Collector has no power u/s 33 of the Act to demand additional stamp duty and registration charges...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Collector u/s 47-A(3) of the Act has got no power to suo motu review the amount of stamp duty paid at the time of registration after a lapse of two years...........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Sub-Registrar has no authority to refer the matter to Collector after registration of sale deed and that too after a lapse of four years u/s 47-A(1) of the Act...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed - Permanent construction existing over plot in question - However, petitioner pleaded that such constructions were raised subsequent to execution of sale deed - Once such plea was taken by petitioner, burden shifts upon him as it is only petitioners who could have proved such fact - However, said permanent..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Agreement of sale - Entire sale consideration was received by defendant under agreement to sell and plaintiff was permitted to enjoy the scheduled property with absolute rights along with obligation to pay taxes pertaining to land makes it explicit that document in question has all the trappings of sale - Mere..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deed is null and void - Plaintiff neither is executant of sale deed nor has sought possession - Being a non-executant, plaintiff can avoid sale deed and thus, is not required to affix ad valoram Court fee on the value of property - Plaint..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Purchase agricultural land - No construction exists on the plot of land purchased by petitioner, however, no agricultural activity was found to be carried out on the plot - Authorities committed no error in treating the land purchased by petitioner to be residential...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - For the purpose of evaluating the value of suit and for adjudicating upon application U.O.7.R.11 CPC, Court has to evaluate the plaint as a whole...........
