Kerala Stamp Act, 1959, Article 42(1) -- Quantification of stamp duty - Partition deeds - Where there are more than two co-owners, each of such co-owner should be related to at least one other and in case there are only two co-owners, they should relate to each other in enumerated categories of relationship prescribed in explanation to Art.42 at time of execution of..........
Agreement to sell -- Specific performance - Non examination of stamp vendor - Agreement to sell executed between the parties which is in writing, executed on a stamp paper purchased for executing the agreement - Evidence of stamp vendor not relevant...........
Stamp Act, 1899, Section 47A(3) -- Deficient stamp duty - Reference u/s 47-A(3) of the Act - It is District Collector or Registrar of a district, who has jurisdiction to make reference and not Sub-Registrar...........
Agreement to sell -- Specific performance - Proof of document - Plea of defendant that scribe of deed is not registered and recognized deed-writer and name of stamp vendor is not mentioned on agreement to sell - Not sustainable for purpose of proof of document as agreement can be oral as well as in writing...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Circle rates provided for purpose of payment of stamp duty cannot be made basis for determination of actual price of market value of property, particularly when there is nothing to indicate that statutory committee has determined said rate on scientific basis and methodical..........
Stamp Act, 1899, Section 36 -- Insufficiently stamped document - Admitted in evidence - Objection raised thereafter - Court can de-exhibit the document if document is inadmissible - There is nothing in the Code prohibiting Court from recalling an order of admitting the document...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Partition - Partition list or memorandum of settlement recording past oral transaction - Does not require registration...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Partition deed - Nature of document - Document whether is partition deed or partition list has to be gathered from language of the document - Merely partitioning of properties by metes and bounds and taking over possession and recording the same in partition list on same day, it cannot be presumed that..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unstamped or not adequately stamped document - Impounding of document - Document either not stamped or not adequately stamped is curable defect and as matter of fact it is duty of Court, that when such document is brought before Court it should be impounded...........
Agreement to sell -- Hand written - Signatures on agreement to sell admitted by defendant - Defendant got issued the stamp paper for entering into agreement to sell - Defendant also obtained copy of Jamabandi from the revenue office - Once it is proved on file that defendant himself had collected all the documents for entering into agreement to sell, the genuineness of..........
