Stamp Act, 1899, Section 36 -- Insufficiently stamped document - Admissibility of said document, cannot be called into question, once such document is admitted in evidence...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
Stamp Act, 1899, Section 47A, 75, Delhi Municipal Corporation Act, 1957, Section 147, Delhi Stamp (Prevention of Under-Valuation of Instruments) Rules, 2007, Rule 4(1)(c) -- Stamp duty - Deficiency - Two Valuations - One valuation for purpose of stamp duty under Stamp Act and other valuation for purpose of payment of transfer duty under MCD Act - Not permissible...........
Stamp Act, 1899, Section 47A(1), (3) -- Under valued instrument - Admittedly no action was taken by Registering Officer much less Sub Registrar u/s 47A(1) of the Act and he handed over document after registration to vendee and made reference after expiry of one year - Said action has to be initiated by Collector cum District Revenue Officer suo moto - Sub Registrar is not..........
Registration Act, 1908, Section 17, 72 -- Sale deed - Refusal to register - Power of Registrar - If sale deed, validly executed with proper stamp paper is presented before registering authority then he is required to satisfy himself in terms of the provisions of 1908 Act and any other circulars and guidelines issued by land reforms department to conclude that whether the..........
Agreement to sell -- Unregistered - Suit for specific performance on the basis of unregistered & unstamped agreement to sell is maintainable - Requirement of registration and stamping agreement is only when plaintiff is to take benefit of doctrine of part performance u/s 53-A of Transfer of Property Act. (Registration Act, 1908, Ss.17(1)(b), 49, Stamp Act, 1899, Ss.33, 34,..........
Stamp Act, 1899, Section 36 -- Unstamped document - Impounding of document - When an unstamped document is admitted in evidence, the issue of stamping will not be called in question on the ground that instrument has not been properly stamped...........
Stamp Act, 1899, Section 33, 47(A) -- Stamp duty - Tripartite agreement qua allottees whether lease and that allottees are exempted from payment of stamp duty and few other issues - Held, Court not justified in adjudicating the issue when there is a statutory scheme provided for adjudication of such issues by competent authority - Parties relegated to competent authority..........
Stamp Act, 1899, Section 2(5) -- Bond - Though a bond is not attested but it does not mean that a document similar to bond without attestation by a witness would not be included or excluded in the definition of bond...........
Stamp Act, 1899, Article 48 -- Stamp duty - Security bond - Where security bond was executed by surety or guarantor undertaking to pay debt in case of failure of principal debtor to pay said debt covered by promissory note to creditor, stamp duty is payable as per Art.48 of Act...........
