Indian Stamp Act 1899

19th Feb, 2020

When a lease deed or any other instrument is relied upon as containing the arbitration agreement, the Court is required to consider at the outset, whether the document is properly stamped or not.

The Supreme Court in the matter of M/s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & other Charities & Ors. Vs. M/s Bhaskar Raju & Brother & Ors. Civil Appeal No.1599 Of 2020 (Arising out […]
6th May, 2019

Once a document is admitted, rightly or wrongly, in the evidence, it is not permissible under Section 36 of the Stamp Act, at any subsequent stage of the Suit to reject the said document and it has to be acted upon as a document duly stamped, even though it forms foundation of the Suit

The Bombay High Court further held that Section 35 of the Stamp Act only gives finality to the decision in regard to the admissibility of the said document in evidence, it however does not operate […]
28th Sep, 2018

Stamp Duty not necessary for enforcing foreign Arbitration Awards in India

The Apex Court in a recent judgment have stated that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in India, thereby laying at rest […]
6th Jun, 2018

Difference between extension and renewal of lease deed

Calcutta High Court in a matter laid down the difference between “extension” and “renewal” of the lease deed. It was held that in the case of renewal, a new lease is required while in the […]
31st May, 2018

Whether the deed in question was merely an Extension of a lease or was it Renewal of lease?

The Calcutta High Court opined that if the period of demise expires, then that period can be extended by a fresh demise, by whatever name one may call it. It may be called a new […]
2nd Jan, 2016

Property valued less than circle rate prescribed can be registered #indianlaws

Delhi High Court has clarified that the parties presenting instruments/transfer document of basements of residential properties for registration, if of a consideration lower than the consideration/ valuation in accordance with the circle rates, shall upon […]
27th Feb, 2014

Sale through General Power of Attorney-A Bad Sale

Sale is perhaps the most popular mode of transfer of immovable property in India. Gift and Exchange are the other modes which transfer the rights, titles and interest in the property with immediate effect.
8th Aug, 2013

Agreement cancelled subsequent to its impounding for want of sufficient stamp duty cannot escape the liability

Whether document (agreement for sale) seeking registration can still be impounded on account of deficient stamp duty when the same was subsequently cancelled