...held that there is transfer of immovable property in favour of M/s Rani Kothi Lawns, therefore, defendant No.1 is to pay stamp duty on decree. 3. Learned counsel appearing for...petitioners submitted that there is a compromise agreement and no stamp duty is required to be paid on decree. 4. Government Advocate appearing for State supported the order...been mentioned in order dated 30/11/2013 that there is transfer of rights of land in favour of defendant No.1, therefore, no error has been committed in passing order to pay stamp duty on decree as...

...shall be paid within one week from date.3.The stamp duty payable on the decree dated 17th June, 2013 has been assessed at Rs.47,880/-. The said respondent nos. 3, 5 to 7, 8 and 9 have...also deposited a sum of Rs.10,000/- each in order to enable the receiver to take steps for payment of the stamp duty on the final decree.4.In view of the aforesaid, the plaintiff...is directed to pay a sum of Rs.20,000/- to the receiver towards the remuneration of the receiver as well as towards his share of expenses for adjudication and payment of stamp duty on the final decree....

....4. The Prothonotary & Senior Master, High Court, Bombay to forward the Decree after drawing up and before sealing to the Collector of Stamps, Mumbai for adjudication of stamp duty payable on the ...adjudicated, the Plaintiffs and Defendant No. 5 shall pay the requisite stamp duty on the Decree as adjudicated by the Collector of Stamps, Mumbai. On...payment of stamp duty on the Decree, the Decree will be sealed by the office of the Learned Prothonotary & Senior Master. After the Decree is sealed, the office of the Learned Prothonotary and Sen...

...before the final decree is engrossed on stamp papers, the parties settle the matter between themselves it cannot be said that they can be compelled to pay stamp duty for engrossing the final ...are not satisfied that the mere fact that the Court has directed the issue of a probate would necessarily involve the duty on the party to deposit the stamps. It may be that the legatees may settle the...stamp paper. In our view the order of the learned Subordinate Judge directing that the receiver will deposit into Court necessary amount for the issue of a probate on the quantum of the legacies...

...dated 24.9.96, it is essential to receive stamp duty on the decree, which is not bona fide. Hence I find no error in order passed by the Collector, Gurgaon and do hereby dismiss the appeal filed by...appellant being devoid of merits. As per the above said observations, two reasons have been given for recovering inadequate stamp duty i.e. i) there is no blood relation/ family relation between the petitioner and ...the petitioner has been required to pay the stamp duty of Rs.4,01,950/- rejecting her claim that no stamp duty is applicable in family settlement matter. The petitioner appears to have obtained a...

...Anil Kumar, J.IA No. 3668/2009This is an application by the plaintiff seeking permission to deposit the appropriate stamp duty payable on the decree which is to...their disputes and terms of settlement are incorporated in IA No. 1856/2009. The parties have also settled that stamp duty payable on the decree which will be drawn shall be paid by the plaintiff and an...be passed on the basis of the compromise arrived at between the parties. Reply to application has been filed on behalf of defendants No. 1 to 3 and parties have agreed that whatsoever stamp duty is...

...Badar Durrez Ahmed, J. (Oral)— The issue involved in this application is with regard to the question of stamp duty on the compromise decree dated 09.01.2006 This suit was filed for...the registry, the stamp duty on the separated share @ 2% is payable on the decree and that the amount of stamp duty would come to Rs 92,000/-.4. The learned counsel for the ...Nitin Jain… v. Anuj Jain & Ors…) 37/2007) decided on 19.04.2007 In Rajinder Kumar (supra), a learned Single Judge of this court was examining the question of stamp ...

...decree has been obtained by the Court, on the basis of the said decree, name of the petitioner cannot be entered, as requisite stamp duty and registration is made compulsorily to avoid unhealthy things an...get the said entry into the mutation records. 5. Learned counsel for the petitioner submits that he is ready to pay the stamp duty and ready to register the decree, if the same is required under the law. T...pay any stamp duty and the document has to be registered, then in that event the same may be instructed and after payment of the stamp duty and getting it registered in accordance with law, mutation shall be made a...

...Plaintif shall pay the requisite stamp duty on the Decree as adjudicated by the Collector of Stamps, Thane. On payment of stamp duty on the Decree, the Decree w...for registration and payment of stamp duty.9. On registration of the Decree, the office of the Collector and other statutory authorities to forthwith update the revenue records and.... The Prothonotary and Senior Master, High Court, Bombay to forward the Decree after drawing up and before sealing to the Collector of Stamps, Thane for adjudication of stamp duty payable with respect...

...trial Court the original decree was sent for from the Court of the First Class Subordinate Judge and admitted in evidence. The plaintiff paid the necessary stamp duty and penalty. The defendant then objected to its admissib...Judge on unstamped paper, no stamp duty can be subsequently levied on it and the partition decree cannot be validated and admitted in evidence on a subsequent payment of the stamp ...cannot be said that the suit has terminated. In that case no decree had been drawn up nor was any stamp duty or penalty paid, and therefore, it necessarily followed that the suit had not terminated until a final ...

...directed the payment of stamp duty and penalty as well. The petitioners failed to make payment of the said stamp duty and penalty resulting in the decree remaining inadmissible.10. The prese...ultimately resulted in passing of the compromise decree essentially appears to be a circuitous route adopted to nullify the lack of payment of stamp duty on the decree.11. A bare look at th...respondents objecting to the marking of exhibit of document (Annex-4) with the writ petition has been accepted.2. The petitioner filed a suit for partition based on a decree dated 09.03.1994...

...vide order dated 26.07.2007 The other interested parties filed the RFA, which was dismissed as withdrawn on 14.12.2010 Thereafter, the petitioner deposited the stamp duty on 09.05.2012 and the decree was...prepared on 11.07.2012 Learned counsel further submits that since all the legal heirs had to pay the stamp duty, therefore, the delay occurred in taking the certified copy of the decree.3. Ms. Nidhi R...legal heirs of his father Late Shri Y.L Soni and on behalf of other legal heirs pursued the matter in CS (OS) No. 3326/1991. The petitioner deposited stamp duty of Rs. 2,00,793/-. Thereafter, finally the decree was...

...passed. Subsequently, final decree has also been passed on 04.04.2019. Consequently, the petitioner/fourth defendant has deposited non-judicial stamp duty on 30.09.2019 in Diary No.1447 of 2019. However, f...not deposited stamp duty. 4. Considering the circumstances, the learned III Additional District and Sessions Judge, Virudhachalam, Cuddalore District is directed to dispose of the grievance of t...decree passed in I.A.No.213 of 2016 in O.S.No.158 of 2010 on the file of the III Additional District and Sessions Judge, Virudhachalam, Cuddalore District, insofar as the petitioner's...

...registration before the 1 respondent, the same was refused on the ground that the petitioner has not paid the necessary stamp duty, since the document should be construed as final decree. 3...the 1 respondent for registration. The award passed by the Lok Adalat cannot be construed as a final decree and therefore, the 1 respondent cannot insist the petitioner to pay the stamp duty on par with the final ...a suit for partition. In such view of the matter, the 1 respondent should register the document after receiving the necessary stamp duty and registration charges from the...

...the Collector of Stamps, Thane for adjudication of stamp duty payable with respect to the conveyance and sale of the property described in the First Schedule of the Consent Terms marked as ‘X-1’ and for reconveyance/discharge of mor.... On payment of stamp duty on the Decree, the Decree will be sealed by the office of the Learned Prothonotary and Senior Master. After the Decree is sealed, the office of the Learned Prot...Master, Bombay High Court. The Plaintif to bear all the costs, charges and expenses to be incurred for registration and payment of stamp duty.9. On registration of the Decree, the...

...consideration is whether the plaintiff is liable to pay stamp duty on the decree which has been passed and whether the decree tantamounts to instrument of partition.In Nitin Jain (supra...a decree incorporating an oral partition between the parties will be an instrument of partition and will require stamp duty or not.In para 10 of the said judgment, the Division Bench had held that the comprom...to the suit were required to furnish valuation report and pay stamp duty was held to be not legally tenable and correct.Similarly in B.S Goel (supra) another Division Bench of this Court has held that if a ...

..., however, the other parties will also give their shares of the non-judicial stamp duty which is payable. In case, the plaintiffs have to pay an amount of the stamp duty for the shares of the others in the....5. It is further clarified that no stamp duty was payable on the preliminary decree as stated in the order dated 30.7.2012, however, non-judicial stamp papers will now be required to be...VALMIKI J. MEHTA, J (ORAL)1. A preliminary decree was passed in this suit on 30.7.2012 Counsel for the parties agree that in view of the shares of the respective parties and...

...allegations, against the revision-petitioners/accused, were that, by obtaining the decree, in the civil suit, on the basis of false and fabricated documents, they avoided the payment of stamp duty, and...related to each other, and with a view to amicably settle their disputes, a family settlement was arrived at. They claimed decree, on the basis of family settlement. Shabeg Singh, defendant, in that suit, when appeared admitted the ...affixed on the decree. Had the Court below, come to the conclusion, that the stamp duty, was required to be affixed, it would have ordered so. There is nothing, on record, to show that any document was for...

...revision-petitioners/accused, were that, by obtaining the decree, in the civil suit, on the basis of false and fabricated documents, they avoided the payment of stamp duty, and, thus, caused wrongful loss to...with a view to amicably settle their disputes, a family settlement was arrived at. They claimed decree, on the basis of family settlement. Shabeg Singh, defendant, in that suit, when appeared admitted the claim of petitioner Nos. 1 ...the Court below, come to the conclusion, that the stamp duty, was required to be affixed, it would have ordered so. There is nothing, on record, to show that any document was forged and used as genuine by petitioner Nos. 1 ...

...1. A short, but interesting point that falls for consideration in this revision is as to whether the stamp duty to be paid at the time of engrossing the final decree is whether the date to be reckoned with is th...plaintiff was directed to pay necessary stamp duty for the purpose of drafting the final decree, and accordingly, the plaintiff paid the stamp duty on 30-9-2005. As G.O.Ms.No. 1129, dated 13-6-200...with the following endorsement. As the final decree for partition of the properties was passed on 31-3-2005, and the stamp duty to be paid at the rate of 3% on the value of the...