Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Eviction suit - Agreement for tenancy was impounded by trial Court for insufficiency of stamp duty - Plaintiff seeking withdrawal of suit with liberty to file fresh suit on self same subject matter - However, trial Court refused to grant permission to plaintiff to file..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 47A -- Sch.I, Art.55 - Consent deed - Release of - Demand of stamp duty and registration charges - Authority retained deed for non payment of stamp duty and registration fee - There is no conveyance of right or title in favour of anybody and it is only the consent or no objection given for the purchase - Consent..........
Constitution of India, 1950, Article 226, 227, Rajasthan Stamp Act, 1999, Section 65(1), 51, 21 -- Stamp duty - Deficiency thereof - Writ - There is an alternative remedy u/s 65(1) of the Act - Therefore, it would appropriate to relegate the parties to the statutory remedy available as there is no such outright violation of the principles of natural justice...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitration Clause - Unstamped Agreement - One reasonable way of harmonising provisions contained in Ss.33 & 34 of Maharashtra Stamp Act which is a general statute insofar as it relates to safeguarding revenue and S.11(13) of the Act which applies specifically to speedy resolution of disputes by appointment of..........
Registration Act, 1908, Section 17 -- Compulsory registrable document - Document unstamped and unregistered - One of the defects cured by paying penalty as well as requisite stamp duty - Still the document cannot be said to be admissible for `any purpose.'..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Auction sale - Failure to deposit money required for obtaining stamp duty - Default committed by auction purchaser cannot be excused and set at right by Court by exercising its power u/s 148 or S.151 CPC, as O.21.Rr.84, 85, 86 CPC are mandatory in nature - Execution Court was not legally right in allowing petition..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper executed by accused - Signatures on said document admitted by accused - However, accused attempted to suggest that his signatures were available on blank stamp paper with PW2 - This suggestion is too remote and too uncertain to be accepted - No..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about existence of a debt; about..........
Stamp Act, 1899, Section 35 -- Partition deed - Nature of document - Determinative factor - Document whether is a deed of partition or a memorandum of partition or a list of partition recording past partition, has to be determined with reference to recitals therein and substance of transaction embodied in instrument - Name or caption given to document is not determinative..........
Registration Act, 1908, Section 49, Stamp Act, 1899, Section 35 -- Un-registered and unstamped partition deed - Admissibility - Document in question cannot be admitted even for collateral purpose unless required stamp duty and penalty collectable on instrument are paid and collected...........
