Search Results Page
Search Results
1 - 10 of 14 (0.57 seconds)Section 33 in The Indian Stamp Act, 1899 [Entire Act]
Section 38 in The Indian Stamp Act, 1899 [Entire Act]
Section 40 in The Indian Stamp Act, 1899 [Entire Act]
Section 49 in The Registration Act, 1908 [Entire Act]
M/S K.B.Saha And Sons Pvt. Ltd vs M/S Development Consultant Ltd on 12 May, 2008
16. In the considered view of this Court, merely on according permission to
the defendants to pay the stamp duty and penalty on the gift deed in question
and on collection of the same, no automatic right to have the gift deed
exhibited for collateral purpose would either accrue to the defendants or be
conferred on the defendants, as the trial Court would be required to consider
what is a collateral purpose before receiving the gift deed in evidence for
collateral purpose, in the event of payment of deficit stamp duty & penalty
payable on the said instrument. The word 'collateral purpose' is explained in
the decision of the Supreme Court in K.B. Saha and sons Pvt. Ltd., v.
Development Consultant Limited4 wherein the Supreme Court held as follows:
Article 227 in Constitution of India [Constitution]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Ram Rattan (Dead) By Legal ... vs Bajrang Lal & Ors on 5 May, 1978
9. As per the ratio in the decision in Ram Rattan (dead) by L.Rs. v.
Bajrang Lal and others1 the trial Court before which the objection is taken
about admissibility of document on the ground that it is not duly stamped, has
to judicially determine the matter as soon as the document is tendered in
evidence and before it is marked as an exhibit in the case. In the case on
hand, the defendants, who are producing the unregistered and insufficiently
stamped gift deed, are volunteering to pay the deficit stamp duty and penalty
and are asking the trial Court to pass orders to collect the same.
1
(1978) 3 SCC 236
5
MSRM, J