Agreement to sell -- Validity - Signatures and thumb mark on last page out of three pages - Large blank spaces on the first and second page of agreement and absence of thumb impression/signatures of parties and the attesting witnesses on these two pages, fortifies the conclusion that disputed agreement was transcribed on one of the blank stamp papers on which the thumb..........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
Stamp Act, 1899, Section 2(15) -- Partition deed - Parties on an oral family settlement not only divided their shares but also taken possession of their respective shares by metes and bounds, then at the time of reducing writing the memorandum of settlement they ceased to be co-owners - Memorandum of settlement held, not treated as instrument which requires stamp duty as..........
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...........
Karnataka Stamp Act, 1957, Section 34, 37(2) -- Deficient stamp duty - Imposition of penalty to the extent of ten times - Appellant agreed to pay proper/sufficient stamp duty and penalty on certified copy of agreement to sale - In other words, appellant having invited Court to decide u/s 34(1) of the Act, cannot now express the willingness to exercise the option u/s 37(2)..........
Karnataka Stamp Act, 1957, Section 2(d) -- Art.20(1) of Schedule - Conveyance - Agreement of sale with recital of delivery of possession, conforms to requirements of conveyance u/s 2(d) of the Act r/w Art.20(1) of Schedule of the Act, therefore applicable stamp duty is ad valorem...........
Karnataka Stamp Act, 1957, Section 33, 34 -- Impounding of document - Person who intends to rely on an insufficiently/improperly stamped instrument has option to submit to the scope of S.34 of the Act, pay duty and penalty - Party also has the option to directly move an application u/s 39 of the Act before the District Registrar and have the deficit stamp duty and the..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - Cannot be admitted in evidence in the absence of requisite stamp duty and penalty being paid and certified by Collector...........
Stamp Act, 1899, Section 35 -- Agreement to sell - Suit for specific performance - Insufficiently stamped agreement - As the document is foundational to the suit, failure to comply with statutory requirements renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence...........
Stamp Act, 1899, Section 35 -- Admissibility of document - Objection as to - Where document was found to be insufficiently stamped and was marked as exhibit with objection and that objection having not been removed or cured, no benefit of S.36 of the Act could be extended...........
