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...matters are almost identical.4. The Single Judge of the High Court while construing the aforesaid definitions held that the consent decree does not fall in any of these definitions and, therefore, such a ...conveyance itself and is covered by the definition of “conveyance” under the Act and at any rate the consent decree fulfils all the requirements of transfer under the consent decree in favour of the vendees i.e the...of Bijapur under Section 60 of the Stamp Act. This reference was heard by a Full Bench. The question which arose before the Full Bench was as to whether a consent decree creating a charge on the...
...included in the definition of “conveyance” and “instrument” by observing “it appears to us that the amendment was made out of abundant caution and it does not mean that the consent decree was not otherwise covered”. It clearly shows...the vendee by a consent decree. The question arose whether the consent decree is an instrument and liable to be stamped. The consent decree contained a recital to the effect that “this ...definition is very wide which would include a consent decree as well. That sub-clause (iii) of Section 2(g) was introduced out of abundant caution and it does not mean that the consent decree was not...
...definition of ‘conveyance’ under section 2(g) and ‘instrument’ under section 2(1) of the Act, held that the consent decree does not fall in any of these definitions and therefore, such a consent ...such a consent decree falls outside the definition of conveyance under section 2(g) of the Act. Alternatively Mr. Chogle urged that at any rate the consent decree is an instrument as def...consent decree in question is liable for stamp duty under the Act. The respondents supported the impugned judgment and their arguments in that behalf wilt be referred to at appropriate places...
...asserted the pre-existing right and no new right was created through the consent decree, the document pertaining to mutation of the subject land is not liable for stamp duty.... Therefore, in the facts of the case, the consent decree will not operate as conveyance as no right is transferred and the same does not require any payment of stamp duty. Since the appellant has only...no need for payment of stamp duty in a matter of compromise decree.
Paragraph 13 of the said judgment reads as under:-
"13. In...
...the definition of “conveyance” under the Act and at any rate a consent decree which fulfils all the requisites is of transferring right, title and interest under the consent decree in favour of the respondents - wr..., Mumbai, the first respondent, to certify that no stamp duty is payable on the Consent Decree dated 4th February, 1983 passed by this Hon'ble Court in Suit No. 1031 of 1982. The petitioners herein and...petitioners that the Deputy Superintendent of Stamps (General Stamp Office), at Mumbai after about 18 years sent a letter dated 2-1-2001 setting therein that the consent decree was impounded by the...
...“instrument” under the Act. This Court upheld the view of the Division Bench of the Bombay High Court that having regard to the recital in the consent decree itself, the consent decree on its true interpretation is.... Having a stamp of the court affixed will not change the nature of the document. A compromise decree does not stand on a higher footing than the agreement which preceded it. A consent decree is a mere...award which stood on no better footing than or on the same footing as a consent decree. He said in view of the decision of this Court that a consent decree is nothing but a private agreement between the...
...no right is transferred and the same does not require any payment of stamp duty. Since the appellant has only asserted the pre-existing right and no new right was created through the consent decree, the document pertaining ...aforesaid decree. By order dated 24.12.2016, the Collector of Stamps held that as per the decree, there has been a transfer of the property in favour of the petitioners hence the same would attract stamp...held by the Apex Court that stamp duty is not chargeable on an order/decree of the Court as the same does not fall within the documents mentioned in Schedule I or I-A read with...
...and the same does not require any payment of stamp duty. Since the appellant has only asserted the pre-existing right and no new right was created through the consent decree, the document pertaining ...applicant-defendant No.1, seeking a refund of the stamp duty amounting to INR 6,00,000/-.
2. It is apparent from the record that a preliminary decree was passed on...Registrar informed the parties that they were required to deposit INR 6,00,000/- towards the stamp duty to draw the final decree.
3. The applicant-defendant No.1, i.e., Amit...
...consent decree being in the nature of an instrument or conveyance was liable to stamp duty.26. In the instant case, from the pleadings and the reliefs, it is clear that the said compromise...-plaintiffs that the consent decree being an instrument or conveyance was liable for stamp duty and therefore, the same cannot be acted upon also does not deserve any consideration in this case...Services (P) Ltd. v. State of Maharashtra (7 Supra) cited by the learned counsel for the appellants-plaintiffs, in which the Supreme Court has held that a consent ...
...asserted the pre-existing right and no new right was created through the consent decree, the document pertaining to mutation of the subject land is not liable for stamp duty...section 3 of the Indian Stamp Act, 1899. In the present case, the consent decree in favor of the appellant is not chargeable with stamp duty, as it does not create any new right, but it conveys the.... Therefore, in the facts of the case, the consent decree will not operate as conveyance as no right is transferred and the same does not require any payment of stamp duty. Since the appellant has only...
...the conclusion that an order under Section 394 was not liable to stamp-duty. The Division Bench took a contrary view on account of the fact that in the consent decree itself it had been indicated that...Lever v. State of Maharashtra, the Apex Court observed that in Ruby Sales & Services Pvt. Ltd. (supra) the Court was of the opinion that the consent decree which purports to convey the title in the property was an instr...) Ltd., (supra). In that case in a suit for specific performance the property was conveyed to the vendee by a consent decree. The question arose whether the consent decree is an instrument and liable to...
...decree creating a charge, coupled with the fact that section 29 seems to indicate that such a consent decree was not intended to be included in such definition, I think we must hold that decrees of this nature are not ...section 60 of the Indian Stamp Act. The question which he refers to this Court is whether a consent decree creatine a charge on immoveable p...were liable to stamp duty. But the Sub-Registrars now, acting under directions given to them by the Commissioner, require such decrees to be stamped, and the question we have to consider is whether...
...owners. What sinister motive could be fastened on the appellants? The Court below holds that obtaining a consent decree was a device for avoiding to pay stamp fee which was liable to be imposed on a...below have refused to grant a decree on consent and admission presumably on the ground that the appellants were seeking to avoid the stamp duty. The question that should have been asked was if the..., consent or compromise as opposed to collusion? It may be noted that the Code of Civil Procedure gives power of passing a decree on admission as per Order 12, Rule 8 of the Code of Civil...
...consent decree, the document pertaining to mutation of the subject land is not liable for stamp duty.
14. As per the judgment of the Hon'ble Supreme Court and in...order by observing that the compromise decree needs registration and stamp duty is also required to be paid for mutation of the subject land. While so, reliance was made on its earlier order dated...requires registration. The word "instrument" is not defined in the Registration Act, but is defined in the Stamp Act, 1899 by Section 2(14).
7. A compromise decree...
.... State of Maharashtra and others10, the Supreme Court has held that the consent decree which purports to convey the title in the property is an instrument liable for stamp duty at all times and it...value of the transferred property in favour of the petitioner Company to be as 32,31,57,118/- and held the petitioner liable to pay 2,19,86,427/- as stamp duty on the deed of amendment and also imposed...Section 33 read with Section 48(b) of the Indian Stamp Act, 1899 (for short, 'the Act of 1899') for recovery of deficit stamp duty. The Collector of Stamps by order dated 8-12-2015...
..., para 15) "it appears to us that the amendment was made out of abundant caution and it does not mean that the consent decree was not otherwise covered". It clearly shows that the Court was of the opinion that consent ...amalgamation etc., would be 'conveyance' within the meaning of Section 2(10) of the Stamp Act and the Orders of the Courts/Tribunals shall be instruments liable for levy...
Ruby Sales and Services (P) Ltd., case, the same is in respect of the consent decree and not regarding sanctioning the scheme of amalgamation. Relying upon...
...the finding of the learned Single Judge that the consent decree was neither ‘conveyance’ under section 2(g) nor ‘instrument’ under section 2(1) of the Bombay Stamp Act...immovable property is, in fact, transferred under a consent decree, the same could be said to amount to ‘conveyance’ within the meaning of the Indian Stamp Act, 1899.27. Mr. Mukherjee pointed...Stamp Act, and therefore, liable to stamp-duty.2. As will appear from the materials on record, an application was filed by Gemini Silk Limited & Anr. before the learned Company...
...decree was included in the definition of “conveyance” in the relevant statute was merely clarificatory and did not imply that consent decrees passed prior to the amendment coming into effect were not liable to be assessed f...considered the
bombay stamp act prior to the 1985 amendment thereto and concluded that a consent decree was exigible to stamp duty even before the amendment. The view taken was that a consent or a...compromise decree did not stand on a higher footing than the agreement which preceded it and was, as such, exigible to stamp duty. The Supreme Court held that the subsequent amendment by which a consent...
...instrument liable for the payment of stamp duty under the Indian Stamp Act. The object of the Stamp Act being securing the revenue for the State, the scheme of the Stamp Act provides that a decree...enforceable, from the date when the decree is made or when the decree is engrossed on the stamp paper, which, out of these two, would be the starting point of limitation?3...the respondents. The stamp papers required for engrossing the decree were furnished by the respondents on 25-5-1982 and the decree was engrossed thereafter. There was no order of the court directing...
...they were, and in that view of the matter decreed the suit in full with costs and future interest, by his judgment and decree dated 26-9-1952. On appeal, the High Court of Rajasthan at Jodhpur, by...its judgment and decree dated 8-10-1956 allowed the appeal and dismissed the plaintiffs' suit. Each party was directed to bear its own costs throughout. The High Court granted the necessary certificate...consideration. The most important plea raised by the defendant in bar of the suit was that the hundis were inadmissible in evidence because they had not been stamped according to the stamp law...