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“The sisters executed the Relinquishment Deeds (‘RD’) to release their share in favour of their brother, and there was no economic consideration exchanged at the time of the execution. All the RDs were basically acknowledging the bequest made by the father in favour of his son.”
Rejecting the application on the ground of non-availability of Deed of Cancellation was a hyper-technical view adopted by the Revenue Authority which defeated the purpose of the provision under Section 47(c)(5) of the Maharashtra Stamp Act, 1958.
The Trial Court has relied upon contents of notarised agreement and held that plaintiff is in possession of suit property. It has erroneously been observed that prima facie value of document can be adjusted at the time of granting interim injunction. However, such observations are not in tune with legal position.
“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
Evidence Act, 1872 — S. 112 — Provision under, regarding birth during marriage, conclusive proof of legitimacy — Invocation: Direction issued for
The Court held that unilateral appointment of the Arbitrator without the petitioner’s consent could render the award void under Section 34 of the Arbitration and Conciliation Act, 1996
In the instant matter, the Calcutta High Court dismissed an application for addition of the applicant as a party in a writ petition challenging the assessment of stamp duty.
NCLAT held that once a document is relied upon as evidence and not objected to, it cannot be rejected or ignored.
by Swarnendu Chatterjee† and Megha Saha††
Cite as: 2023 SCC OnLine Blog Exp 41
The President of India, today, gave his assent to the Amendments to the Indian Stamp Act, 1899 which were introduced as part