CiteTEXT
...opinion that the document falls under article 35(a)(iv) of the first schedule of the Stamp Act, while the Civil Judge, in whose court the document was presented, is apparently of...opinion that it falls under article 35(a)(i). Article 35(a)(i) provides that where the lease purports to be for a term of less than one year, duty should be charged at a certain rate, and...article 35(a)(iv) [35(a)(viii) as amended for the United Provinces] provides that where the lease does not purport to be for any definite term, duty should be charged at a certain...
...and argued that stamp duty on such lease is payable under Article 35 of Schedule I-B of the Act and not under Article 57 thereof. In support of this argument, the learned counsel relied upon the...” as defined in Section 2(16)(c) read with Article 35(b) of Schedule I-B and not under Article 57 of Schedule I-B, which gets attracted only when a security bond or mortgage deed is executed for due...“New Sabzimandi” was a lease falling under Section 2(16) of the Act was chargeable under Article 35(b) of Schedule I-B. The Special Bench referred to the definition of lease, the judgments of the...
...) of Article 35 as contained in the Constitution applied in the State of Jammu and Kashmir that the provisions of the proviso to Section 8 and Section 13-A of the cannot be challenged on the ground of...Article 35(c) when applying the Constitution to the State of Jammu and Kashmir, did not in any way affect the right of citizen of Jammu and Kashmir to move the Supreme Court of India for an appropriate...Abdul Ghani has filed this petition under Article 32 of the Constitution praying for the issue of a writ of habeas corpus, alleging that his detention in jail is illegal. He...
...was questioned by the stamp authorities and a notice was issued to the petitioner as to why the stamp duty which was being found deficient be not recovered from her as per Article 35(a...period commencing on 07.09.2004 and ending on 06.09.2033 and therefore it was for a period, which was definitely lesser than 30 years and therefore her case was covered under Article 35(a...which was less than 30 years then it should be covered by the provisions of Article 35(a)(v) of Schedule 1-B of the ''''Act of 1899'''' and not by the...
...felt it imperative to continue that protection in the matter of employment afforded on the basis of residence within the State and made provision under Article 35(b) of the Constitution for the...) of Article 35. It is, therefore, necessary to put out of operation the requirements laid down by the Mulki Rules to the extent that they prescribe qualifications regarding Birth and Descent...Constitution in the territory of India?2. Were they continued in force by Article 35(b) of the Constitution?3. Did they continue in force...
...to decide is whether the article applicable to the lease deed is Article 35 (a) (iii) or 35 (c) of Schedule I to the Indian Stamp Act. The effort on the part of the revenue...held that the lease deed in question was liable to stamp duty, under Article 35 (c) of Schedule I to the Indian Stamp Act and determined the deficiency in duty at Rs. 765...had been executed for an advance in addition to the rent reserved and was liable to stamp duty under Clause (c) of Article 35. He, however, reduced the penalty to Rs. 100...
.... 1976 3 SCC 512, has laid down that the sum, which is offered as security is not a mortgage and, therefore, is not liable...Hindustan Sugar Mills Ltd. v. State of U.P . AIR 1972 Alld. 8., has laid down that a security bond is chargeable with a duty under Article 57 Schedule of the S...that “the amount of security deposit paid for due performance of the contract of lease is chargeable under Article 57 Schedule 1B.” Recently a Division Bench of this Court...
...instrument is chargeable to a stamp duty of Rs 1,345 under Article 35(c) of Schedule 1-A of the Indian Stamp Act, 1899 (hereinafter called the Act) and being deficiently....The Collector of Stamps, Delhi heard the parties, on the dispute whether any duty was chargeable on the amount of the security deposit under Article 35(c) of the Schedule 1...-A of the Act, in addition to the duty paid on the rent reserved under Article 35(a)(ii) and sustained the objections raised by the Sub-Registrar, New Delhi. The Collector...
...Act came into force in 1908. Under the old Act suits for restitution of conjugal rights were governed by Article 35 of that Act, which provided a period of two years from the date of demand and...refusal.5. In 16 Bom 714 (1), it was held that S. 23 applied to suits for the restitution of conjugal rights although such suits were governed by Article 35. In 23 Bom 307...Section 23 of the Limitation Act of 1877 and Article 35 of that Act a suit under the Parsi Marriage and Divorce Act, for the restitution of conjugal rights would be barred within two years of...
...lease deed to be executed for a period of 2 years and 10 days from 28.1.2004 to 8.5.2006 is required to be paid under Clause (ii) of Article 35(a) of Schedule I-B instead of...U.P v. Gopal Swarup Chaturvedi. In the said case a report dated 16.5.2005 was submitted by the Sub-Registrar that the Stamp duty shall be leviable on the market rate as per Article 35(a...petitioner on the lease deed to be executed would be that as prescribed under Article 35(a)(vi) of Schedule 1-B of the Act for a consideration equal to the market value of the property which is the...
...dated 29.12.2010 by applying Article 35(a)(iii) of Schedule 1-B of the Indian Stamp Act, 1899 (hereinafter referred to as the Act) have determined deficiency in stamp duty....A lease deed or an agreement to lease is chargeable to stamp duty as per Article 35 of Schedule 1-B of the Act. Since the term of the lease is between 1 year to 5 years it would fall under...Sub-Clause (ii) of Article 35(a) of Schedule 1-B of the Act and a stamp duty equal to three times of the amount or value or the annual rent reserved shall be chargeable.The lease deed...
...Pankaj Mithal, J.:— A lease is chargeable to stamp duty under the provision of the Indian Stamp Act (hereinafter referred to as “the Act”) in accordance with Article 35 of Schedule I-B of...the Act.2. Article 35 of the of Schedule 1-B of the Act provides for stamp duty on the lease as under:“35. Lease, including an under-lease or sub-lease and any agreement...months with a renewable clause, is chargeable to stamp duty under sub-clause (v) or sub-clause (vi) of clause (a) of Article 35 of the of Schedule 1-B of the Act. The brief facts giving rise to the above...
...deposits made by them by way of security as mortgages, falling within Article 35(c) of the Stamp Act. Aggrieved by the said notices, the respondents filed the aforesaid petitions under Article 226 of...challenged the demand of stamp duty under Article 35(c) of the Stamp Act pleading that the security deposits were not mortgages so as to attract the provisions of the said article of the Stamp Act...the respondents liable to pay the stamp duty under Article 35(c) of the Stamp Act. For the determination of this question, it is necessary to scrutinize the definition of ‘mortgage deed’ as contained in...
...discriminatory on the ground of residence and I have also pointed out hereinbefore in considerable detail that nothing in Article 371-F(k) or Article 35(b), their non obstante clauses notwithstanding, would...35(b) read with Article 372(1) was repelled on the ground that the said provisions applied to the territories forming part of India on 26-1-1950 and not to those included in the Union of India..., notwithstanding the other clauses of the said article. He next invited our attention to Article 35. This article begins with a non obstante clause — notwithstanding anything in this Constitution...
...counsel appearing for petitioner that as per the exemption carved out under Article 35 of Schedule I-A of Indian Stamp Act, 1899, an agricultural lease for a period of one...year is exempt from the payment of stamp duty. The trial Court has not correctly interpreted Article 35. It is specifically provided in Art, 35 that when a definite term is expressed and such term...clause of Article 35 contained in Schedule 1(a) of Indian Stamp Act, it is apparent that lease for a period of one year is exempted from payment of s...
..., the Court held that, in view of clause (c) of Article 35 of the Constitution introduced in the Constitution in its application to the State of Jammu & Kashmir, the point that had been raised...Article 35(c) of the Constitution, as initially introduced by the Constitution (Application to Jammu & Kashmir) Order, 1954(CO 48),had given protection to any law relating to preventive detention in..., did not get immunity from being declared void on the ground of inconsistency with Article 22 of the Constitution. It, however, appears that for the words “five years” in Article 35(c), the words “ten...
...Madgavkar, J.:— The question in this application is whether the suit by the opponents against defendant 2, petitioner, fell under Sch. 2, Article 35, Cl. (2), Provincial...falling under Article 35, Cl. (2), Provincial Small Cause Courts Act, and as in Ayub Haji v. Jainuddin (1), the suit is outside the jurisdiction of that Court...Haji v. Jaimiddin the claim fell within Article 35, Cl. 2, Sch. 2. Whether it does or does not so fall is prima facie a matter upon the pleadings and particularly upon the plaint. But the...
...35(ii) of Schedule 1A of the Indian Stamp Act, 1899 (hereinafter referred to as ‘the Act’) as well as per Article A(3)(a)(ii) of the notification dated 26.07.2013, issued by the Prohibition, Excise....4. It is further submitted that Article 35(ii) of Schedule 1A of the Act prescribes the stamp duty for lease of one year and above but not exceeding ten years, similarly as prescribed in Article 23..., but the Sub-Registrar, Nawada refused to register the lease deed and demanded the stamp duty as prescribed under Article 35(ii)(c) of Schedule 1A of the Act, which prescribes the stamp duty in case of...
...imposed was wrong. The authorities had under Article 35(a)(vi) of Schedule 1-B of the Indian Stamp Act considered the lease to be one in perpetuity and had charged the...instrument at the rates provided for instruments which were to be charged under Article 35(a)(vi) and not as an instrument chrgeable under Article 35(a)(iv) of the...Article 35(a)(iv) of the of the Indian Stamp Act, the stamp duty had to be charged only on five times the value of the average annual rent. However, if stamp duty had to be charged for an...
...Provincial Small Cause Courts Act. The specific article relied upon are Articles 4, 11, and 35(ii). It is urged...forcibly, wrongfully and maliciously cut and taken away by the defendant came under Article 35(ii). It is clear that according to the plaint allegations themselves the defendant...had a criminal intention; therefore his acts would constitute one or more of the offences punishable under Chapter XVII of the I. P. C. and hence the suit came under Article 35(ii...