Stamp Act, 1899, Section 47A -- Correct valuation of property - Nothing wrong or illegal whereby Sub Registrar makes a reference to the Collector for correct valuation of property...........
Family settlement - - Partition - If a partition is brought about through an instrument which contains the bargain between parties, it is required to be written on appropriate stamp papers and duly registered - On the other hand, if partition is oral and a list is prepared as a fait accompli, then such an instrument, which is in the nature of an acknowledgement of an oral..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16 -- Temporary injunction - Suit for specific performance - Time essence of contract - From the date of agreement to till the date of suit, plaintiff/purchaser sat quiet without taking any steps to perform his part of contract under the agreement though agreement specified period of four..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - Inadmissible in evidence...........
Stamp Act, 1899, Section 2(10) -- Conveyance - An instrument by which movable or immovable property is transferred, comes within the expression `conveyance'...........
Stamp Act, 1899, Article 23, Stamp Act, 1899, Section 35, Article 23 - - Agreement to sell - Part payment made and possession delivered - Agreement to sell is a conveyance within the meaning of S.2(10) of the Act - Agreement to sell is required to be duly stamped - Agreement to sell, if not duly stamped, is not admissible in evidence...........
Stamp Act, 1899, Section 33 -- Nature of document - Release deed or sale deed - Registering Officer is duty bound to register the document and if he is of the view that release deed is not a bonafide transaction and in fact it is a sale deed, he is under legal obligation to impound the document and to refer the same immediately to Collector for determining the true market..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree passed on the basis of family settlement - Objection as to stamp duty and registration of decree before the same can be executed - Such objections should have been raised in suit itself - Objections cannot be raised in execution proceedings - Order dismissing objections, upheld...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b), 49, Stamp Act, 1899, Section 35(a) -- Unregistered document - Held, an unregistered document which is required to be registered cannot be admitted in evidence merely because stamp duty and penalty is paid and provisions of Stamp Act have been complied with...........
Stamp Act, 1899, Section 28, 47A -- Article 5(b1) of Schedule 1B (As in Uttarakhand) - Agreement to sell - Registration - Stamp duty - Stamp duty is payable on 50% of the value of consideration of the sale agreement...........
