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1 - 7 of 7 (1.41 seconds)Section 49 in The Negotiable Instruments Act, 1881 [Entire Act]
The Registration Act, 1908
Garware Wall Ropers Ltd. vs Coastal Marine Constructions ... on 10 April, 2019
"19....... ..........It is important to remember that the
Indian Stamp Act applies to the agreement or
conveyance as a whole. Therefore, it is not possible to
bifurcate the arbitration clause contained in such
agreement or conveyance so as to give it an
independent existence, as has been contended for by
the respondent. The independent existence that could
be given for certain limited purposes, on a harmonious
reading of the Registration Act, 1908 and the 1996 Act
has been referred to by Raveendran, J. in SMS Tea
Estates, (2011) 14 SCC 66 when it comes to an
unregistered agreement or conveyance. However, the
Indian Stamp Act, containing no such provision as is
contained in Section 49 of the Registration Act, 1908,
has been held by the said judgment to apply to the
agreement or conveyance as a whole, which would
include the arbitration clause contained therein."
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Indian Stamp Act, 1899
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
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