Stamp Act
is subject to Section 23 of the Registration Act. For easy
reference, Section 23 of the Registration Act, reads as
under ... party may have paid the
stamp duty and the penalty as required under the
provisions of the Stamp Act , that would not confer any
right
trial Judge
has held as to whether Stamp-duty is payable.
Article 5(c) of the Stamp Act or Article ... document is found to
be not duly stamped, Section
35 of Stamp Act bars the said
document being acted upon.
Consequently, even the
arbitration clause
District
Registrar & Deputy Commissioner of Stamps under
Section 46A of the Karnataka Stamp Act, 1957 that the
possession has already been transferred and thereby ... justified in holding that the
document deficitly stamped under Article 34(a) of the
Stamp Act, 1957 and levying stamp duty and registration
fee, which
stamp duty
and penalty as directed, they filed an application under
Section 37(2) of the Karnataka Stamp Act, 1957
(' Karnataka Act ... stamped or insufficiently stamped is
tendered in evidence in Civil Court and admitted in
evidence, then the very purpose of the Stamp
Act itself would
defect noticed was in the stamp duty payable on the instrument.
11. Chapter IV of the Karnataka Stamp Act, 1957 , contains provisions relating to instruments ... acted upon as if it had been duly stamped.
The Stamp Act is a fiscal measure enacted to secure revenue for the State on certain
referring to the said document and Article 40 of the Karnataka Stamp Act, 1957 (for short the ' Stamp Act '), it was submitted that ... said dissolution deed under Section 33(b) of the Stamp Act. By dissolving the firm the respondents have thus taken away the jurisdiction
stamped or insufficiently stamped, it
shall pass an order holding that the
document is not duly stamped and
determine the Stamp duty/deficit stamp
duty ... behalf. If the Judge does not act
under Section 34 of the Act, but the document is
insufficiently stamped and admitted in evidence
though objection
instrument bears the proper stamp and thus complies with the requirement of being 'duly stamped' the stamp duty payable on the instrument must ... Deed of Dissolution chargeable to stamp duty under Article 40-B(b) of the Schedule to the Karnataka Stamp Act, 1957 as it stood
trial commenced. His
evidence was being recorded. At that stage, the stamp
paper racket was unearthed. Various proceedings were
initiated before the High court ... investigation of the cases in all matters pertaining to the
19
stamp racket. One such case is the present case. The CBI
having taken
document is found to be not duly
stamped, Section 35 of the Stamp Act
bars the said document being acted
upon. Consequently, even the arbitration ... deficit
stamp is cured, the court may treat the
document as duly stamped.
iv. Once the document is found to be duly
stamped, the court
