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...........
Agreement to sell -- Suit for specific performance - Insufficiently stamped agreement - Failure to comply with statutory requirements of Stamp Act renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence - An amount of Rs.10,000/- received is liable to be returned - The said amount remained with the..........
Negotiable Instruments Act, 1881, Section 13 -- Negotiable Instrument - Once any negotiable instrument contains the signature of the executants on proper revenue stamp, it amounts to its execution...........
Court Fees Act, 1870, Section 16 -- Bona fide mistake in purchase of Court fee instead of non judicial stamp paper - Refund - Court fee purchased remained unused and may not be required by petitioner in near future - Petitioner allowed to return unused Court fees and obtain refund of money thereof...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Stamp duty imposed on the basis of ex parte report of Collector which was submitted without making any inspection by respondent as per R.7(3)(c) of Rules 1977 - Order passed u/s 47-A of the Act set aside...........
Stamp Act, 1899, Section 47A -- (As amended in State of HP) - Deficient stamp duty - Recovery notices - Sub-Registrar cum Naib-Tehsildar had no jurisdiction or authority u/s 47-A of the Act for issuance of recovery notices - Jurisdiction if any vests with Collector that too in terms of provisions of S.47-A of the Act - Recovery notices quashed and set aside...........
Registration Act, 1908, Section 78, Kerala Stamp Act, 1959, Section 2(d) -- Schedule - Rectification deed - Document in question simply correcting wrong description of boundaries of certain items of properties and not at all a conveyance or a sale deed transferring any right or interest over the property - No stamp duty has been prescribed for a deed of rectification under..........
