objection as to the agreement
dated October 5, 2013 being insufficiently stamped and unregistered was raised by the
opposite parties in the court below ... injunction order or granting restoration of electricity even on an insufficiently
stamped document, although the question of impoundment would arise once the
document is tendered
Star Track waived its right to
object to the agreement being insufficiently stamped by virtue of no
such objection being taken in the first proceeding ... insufficient. In the event the said instrument was
deemed to be a document creating tenancy, it would definitely be seen
as insufficiently stamped. However
Stamp
Revenue, even if the stamp duty is calculated on the basis of 20
years, since the transfer was made in perpetuity, the stamp duty ... that is, much higher than Rs.100/-. Hence, the
agreement is insufficiently stamped and cannot be acted upon, being
debarred by Section
Whether the Trial Court could look intothe unregistered and
insufficiently stamped documents
25. The plaintiff/appellant primarily relies on three documents. The first
document, being ... provisions of
the Indian Stamp Act . Since the bar of stamp duty emanates from the
Indian Stamp Act , under Sections
Whether the Trial Court could look intothe unregistered and
insufficiently stamped documents
25. The plaintiff/appellant primarily relies on three documents. The first
document, being ... provisions of
the Indian Stamp Act . Since the bar of stamp duty emanates from the
Indian Stamp Act , under Sections
respondent, inter alia, on the
ground that the Agreement is insufficiently stamped. It is argued that
as per Item No.5(b)(ii) of Schedule ... under the Agreement.
33. As regards the respondent‟s contention of insufficient stamp duty, the
same is argued to be fallacious by the petitioner
objection taken by the respondent regarding the document
in question being insufficiently stamped, learned counsel for the petitioner
argues that the said objection is premised ... that the objection that the
agreement containing the arbitration clause is insufficiently stamped cannot be
a deterrent at this stage for the Section 9 Court
conclusions:
8
Whether the Trial Court could look intothe unregistered and
insufficiently stamped documents
25. The plaintiff/appellant primarily relies on three documents. The first ... provisions of
the Indian Stamp Act . Since the bar of stamp duty emanates from the
Indian Stamp Act , under Sections
conclusions:
8
Whether the Trial Court could look intothe unregistered and
insufficiently stamped documents
25. The plaintiff/appellant primarily relies on three documents. The first ... provisions of
the Indian Stamp Act . Since the bar of stamp duty emanates from the
Indian Stamp Act , under Sections
respondent-authorities were justified in refusing
registration on the ground of insufficiency of stamp duty, which is
payable as stipulated in Article ... final registration of the
document-in-question on the ground of insufficiency of stamp duty.
38. Accordingly, WPO No. 512 of 2019 is dismissed
