Created by Fuzzy Cloud

Indian Stamp Act, 1899

122 judgments · newest first · showing 1–122

DHARMESH CHANDRAKANT MIRANIversusSATGURU KNS CONSTRUCTION PVT LTD

DISPOSED OFF

The applicant, a joint owner and authorised representative of the T.J. Mirani Estate, sought appointment of an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996 to resolve disputes arising from a 2002 Development Agreement with the developer (Respondent No.1). The …

DHARMESH CHANDRAKANT MIRANIversusSATGURU KNS CONSTRUCTION PVT LTD

DISPOSED OFF

The applicant, a joint owner and authorised representative of the T.J. Mirani Estate, sought appointment of an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996 to resolve disputes arising from a 2002 Development Agreement with the developer (Respondent No.1). The …

DHARMESH CHANDRAKANT MIRANIversusSATGURU KNS CONSTRUCTION PVT LTD

DISPOSED OFF

The applicant, a joint owner and authorised representative of the T.J. Mirani Estate, sought appointment of an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996 to resolve disputes arising from a 2002 Development Agreement with the developer (Respondent No.1). The …

DHARMESH CHANDRAKANT MIRANIversusSATGURU KNS CONSTRUCTION PVT LTD

DISPOSED OFF

The applicant, a joint owner and authorised representative of the T.J. Mirani Estate, sought appointment of an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996 to resolve disputes arising from a 2002 Development Agreement with the developer (Respondent No.1). The …

SUHAIL KHAN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

The petitioners challenged an ex‑parte order dated 25‑08‑2026 that dismissed their appeal against a stamp‑duty assessment on a gift deed, solely on the ground of delay. They argued that the deed, executed between close relatives, was exempt from stamp duty and that the delay was not wilful. The …

PRAVIN SINGHversusSTATE OF U.P. AND 4 OTHERS

Petitioner Pravin Singh filed an appeal under Section 56 of the Indian Stamp Act, 1899, together with a stay application, alleging that the stay application had not been decided. The petitioner sought expeditious consideration of the stay. The High Court noted the delay and, without deciding the …

RASHIDversusSTATE OF U.P. AND 2 OTHERS

The petitioner challenged an order passed under Section 47A of the Indian Stamp Act, 1899, contending that the order was ex parte and that notice had not been served. The Court held that the petitioner has a statutory alternative remedy of filing an appeal or revision, even if the order was ex …

Jagruti T SharmaversusAmber Apartment Makers Pvt Ltd

DISPOSED OFF

The applicants filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for disputes arising under agreements dated 25 November 1988. The respondent contended that the claims sought to be enforced relate to a later development agreement …

Md. MoinuddinversusThe State of Bihar

DISPOSED

Petitioner Md. Moinuddin filed a writ petition challenging a notice issued by the Collector of Madhubani directing him to appear in a registration case alleging that a piece of land he registered as agricultural was actually homestead land, causing alleged revenue loss. He sought a certiorari to …

Siemens Financial Services Private LimitedversusSaroj Diagnostic Laboratory LLP

DISPOSED OFF

Siemens Financial Services Pvt. Ltd. advanced a loan of Rs. 7.38 crore to Saroj Diagnostic Laboratory LLP, which defaulted on repayment. The loan agreement contained an arbitration clause stating that disputes would be settled by arbitration in accordance with the Arbitration and Conciliation Act, …

Md. KalimversusThe State of Bihar

DISPOSED

Petitioner Md. Kalim challenged a notice issued by the Collector of Madhubani directing him to appear in a registration proceeding concerning a piece of land he had registered, which the Sub‑Registrar alleged to be homestead land causing revenue loss. He sought a writ of certiorari to quash the …

SUCHIT KUMAR DIXITversusSTATE OF U.P. AND 4 OTHERS

Petitioner Suchit Kumar Dixit filed a writ petition in the Allahabad High Court seeking to quash a recovery citation dated 20‑04‑2026 issued by the Sub‑Divisional Magistrate under Rules 158 and 162 of the U.P. Land Revenue Code, 2006, which was based on an order dated 28‑09‑2021 in State v. Suchit …

KAMLESH SINGHversusPUSHPENDRA SINGH KAMA AND 17 OTHERS

The petition under Article 227 challenged an order allowing the engrossment of a 1984 final partition decree on non‑judicial stamp papers. The decree, drawn in a suit for partition of immovable property, allocated shares to the plaintiff and defendant No.1 and, through the Commissioner’s report, …

JAI PRAKASH KESARWANIversusTHE STATE OF U.P. AND 3 OTHERS

Petitioner Jai Prakash Kesarwani filed a writ petition seeking a mandamus directing the Commissioner of Prayagraj Division to decide Stamp Appeal No. 1535 of 2025, filed under Section 56(1) of the Indian Stamp Act, 1899, within a short period. The Court noted that the Standing Counsel for the State …

M/S THE DELHI FLOUR MILLS COMPANY LIMITEDversusSTATE OF U.P. AND 4 OTHERS

The Delhi Flour Mills Co. Ltd. filed a writ petition seeking a mandamus directing the District Collector of Gautam Budh Nagar not to take any coercive actions, such as recovery proceedings or attachment of assets, under an order dated 11‑09‑2025. The petition was filed while an appeal under Section …

SURENDRA KUMARversusSTATE OF U.P. AND 5 OTHERS

The petitioner, Surendra Kumar, filed a writ petition seeking a mandamus directing the State authorities not to harass him for recovery of a stamp duty deficiency of Rs. 69,35,000 that was determined against the vendee, Kailash Chandra Saxena, under Section 47A(3) of the Indian Stamp Act, 1899. The …

SHABBIRBHAI HAMIDBHAI CHUNAWALAversusSUB DIVISIONAL MAGISTRATE

47-DISPOSAL IN ANY OTHER MODE FH

The petitioner, a stamp vendor since 2007, applied for renewal of his licence under the Gujarat Stamp Supply and Sales Rules, 1987. The Sub‑Divisional Magistrate refused renewal on 15 September 2020, relying on an FIR registered against the petitioner under the Prevention of Cruelty to Animals Act. …

ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD.versusTHE STATE OF JHARKHAND & ORS.

2025 INSC 1389Appeal(s) allowed

The appellant, a cooperative society registered under the Jharkhand Self‑Supporting Cooperative Societies Act, sought exemption from stamp duty on a land transfer to its members under Section 9A of the Stamp (Bihar Amendment) Act, 1988. The State, through a memorandum issued by the Principal …

SAMIULLAHversusTHE STATE OF BIHAR & ORS.

2025 INSC 1292Appeal(s) allowed

The appellants challenged the Bihar Registration Rules, 2008 amendments that introduced sub‑rules (xvii) and (xviii) to Rule 19, which made the production of jamabandi or holding‑allotment proof a condition precedent for registering sale or gift documents. The High Court of Patna dismissed the writ …

M/S GODWIN CONSTRUCTION PVT. LTD.versusCOMMISSIONER, MEERUT DIVISION & ANR.

2025 INSC 1207Dismissed

Godwin Construction Pvt. Ltd. executed a document titled “Security Bond cum Mortgage Deed” in favour of the Meerut Development Authority to secure its obligations under a development project. The authorities later claimed that the instrument attracted stamp duty under Article 40 of Schedule 1‑B of …

AMAN BHATIAversusSTATE (GNCT OF DELHI)

2025 INSC 618Appeal(s) allowed

The appellant, a licensed stamp vendor, was caught in a sting operation after demanding Rs 12 for a Rs 10 stamp paper and was convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The key issue was whether a licensed stamp vendor qualifies as a “public servant” …

MADHYA PRADESH ROAD DEVELOPMENT CORPORATIONversusVINCENT DANIEL AND OTHERS

2025 INSC 408Dismissed

The Madhya Pradesh Road Development Corporation sought to acquire land for a highway project and determined compensation using the circle rate fixed under the Indian Stamp Act, as prescribed by the Collector’s Guidelines. The landowners challenged the award, arguing that the compensation was …

N.P. SASEENDRANversusN.P. PONNAMMA & ORS.

2025 INSC 388Dismissed

The appellant (son) challenged a decree of the Kerala High Court that declared a 1985 deed executed by his father in favour of his sister (plaintiff) to be a settlement and a valid gift, thereby invalidating a later cancellation deed and sale deed dated 19.10.1993. The core issue was whether the …

DR. POORNIMA ADVANI & ANRversusGOVERNMENT OF NCT & ANR.

2025 INSC 262Disposed off

The appellants purchased an e‑stamp paper for a property transaction which was subsequently lost, prompting them to seek a refund of the stamp duty of Rs 28,10,000. The Delhi High Court ordered a refund of the principal amount but declined interest, leading the appellants to file a Letters Patent …

MUKESHversusTHE STATE OF MADHYA PRADESH & ANR

2024 INSC 1026Appeal(s) allowed

The appellant, Mukesh, filed a suit claiming ownership and long possession of a small parcel of land in Madhya Pradesh and obtained a compromise decree confirming his pre‑existing right. The decree was used to seek mutation of the land in his name, but the Collector of Stamps levied stamp duty on …

STATE OF ANDHRA PRADESH AND OTHERSversusDR. RAO, V.B.J. CHELIKANI AND OTHERS

2024 INSC 894Disposed off

The case concerned several Government Orders (GoMs) issued by the Andhra Pradesh (now Telangana) government that allotted public land at basic rates to a select class of persons – MPs, MLAs, All India Services officers, judges of the Supreme Court and High Courts, and journalists – through …

THE STATE OF PUNJAB & ANR.versusM/S FERROUS ALLOY FORGINGS P LTD. & ORS.

2024 INSC 890Dismissed

The State of Punjab appealed a High Court order that directed the original sale certificate of auction‑purchased property to be handed over to the purchaser and that the stamp duty deposited by the purchaser be refunded. The dispute arose from the liquidation of M/s Punjab United Forge Ltd., where …

RAMACHANDRA REDDY (DEAD) THR. LRS. & ORS.versusRAMULU AMMAL (DEAD) THR. LRS.

2024 INSC 868Appeal(s) allowed

The dispute arose from a 1963 instrument by which two brothers transferred their share of a family property to their sister-in-law Govindammal. The lower courts held that the instrument was a valid settlement deed granting her a two‑thirds share, while the High Court reversed this, deeming it a gift …

GOQII TECHNOLOGIES PRIVATE LIMITEDversusSOKRATI TECHNOLOGIES PRIVATE LIMITED

2024 INSC 853Appeal(s) allowed

Goqii Technologies (appellant) entered a Master Services Agreement with Sokrati Technologies (respondent) containing an arbitration clause (Clause 18.12). After paying over Rs 5.5 crore, Goqii raised concerns based on an independent audit reporting alleged overcharges and fraudulent practices, and …

SEETHARAMA SHETTYversusMONAPPA SHETTY

2024 INSC 650Case Partly allowed

The appellant sought a perpetual injunction claiming possession of agricultural land under an agreement of sale dated 29‑06‑1999, which the respondent contested as insufficiently stamped and therefore inadmissible. The respondent filed an application under Section 33 of the Karnataka Stamp Act, 1957 …

BIDYUT SARKAR & ANR.versusKANCHILAL PAL (DEAD) THROUGH LRS. & ANR.

2024 INSC 704Appeal(s) allowed

The plaintiff filed a suit for specific performance of a 1999 agreement to sell land, but the agreement was marked as Exhibit‑1 with an objection for insufficient stamp duty. The trial court dismissed the suit, holding the agreement inadmissible under the Indian Stamp Act, 1899. The Calcutta High …

M/S REWA TOLLWAY P. LTD.versusTHE STATE OF MADHYA PRADESH & ORS.

2024 INSC 539Case Partly allowed

M/s Rewa Tollway entered into a BOT concession agreement with Madhya Pradesh Rajya Setu Nirman Nigam Ltd. in 2002, believing, based on executive clarifications, that no stamp duty would be payable. The State later amended the Indian Stamp (M.P.) Act in 2002, imposing a 2% stamp duty on the amount …

KAUSHIK PREMKUMAR MISHRA & ANR.versusKANJI RAVARIA @ KANJI & ANR.

2024 INSC 540Appeal(s) allowed

The appellants purchased half of a 3.40‑hectare land from respondent No.2 in 1985, and a sale deed was executed on 02‑12‑1985 but remained unregistered due to stamp‑duty deficiency until 14‑06‑2011. Respondent No.2 later executed a second conveyance in 2010 in favour of respondent No.1 for the same …

SBI GENERAL INSURANCE CO. LTD.versusKRISH SPINNING

2024 INSC 532Disposed off

SBI General Insurance issued a fire insurance policy to Krish Spinning, which settled the first fire claim by a discharge voucher and payment of Rs 84,19,579. Krish Spinning later disputed the quantum of the settlement, alleging coercion, and invoked the arbitration clause in the policy by filing a …

G.M. SHAHUL HAMEEDversusJAYANTHI R. HEGDE

2024 INSC 493Appeal(s) allowed

The appellant filed a civil suit challenging a sale deed, while the respondent filed a counter suit. During the respondent's suit, a General Power of Attorney (GPA) that was insufficiently stamped was tendered as evidence; the trial court admitted it and marked it as an exhibit without any objection …

LIFE INSURANCE CORPORATION OF INDIAversusTHE STATE OF RAJASTHAN AND ORS.

2024 INSC 358Dismissed

Life Insurance Corporation of India (LIC) issued several insurance policies in Rajasthan between 1993-94 and 2001-02 and, due to the unavailability of India Insurance stamps in the state, purchased the stamps from Maharashtra. The Rajasthan government issued show‑cause notices demanding payment of …

VIJAYversusUNION OF INDIA & ORS.

2023 INSC 1030Appeal(s) allowed

Vijay entered into an agreement to sell immovable property with the Union of India on 4 February 1988 and later sued for specific performance. The defendant denied the agreement's existence, prompting Vijay to seek admission of a photocopy of the agreement as secondary evidence, arguing that the …

THE SUB REGISTRAR, AMUDALAVALASA & ANR.versusM/S DANKUNI STEELS LTD. & ORS.

2023 INSC 431Disposed off

The Supreme Court examined a sale deed executed by the Official Liquidator of a liquidated company, which conveyed land, building, civil works, plant and machinery, and other assets for a total consideration of Rs.8.35 crores. The first respondent, a nominee of the auction purchaser, sought …

SHANTI BHUSHAN (D) THR. LR. & ORSversusSTATE OF U.P. AND ORS

2023 INSC 425Appeal(s) allowed

The appellants purchased a 7,818 sq. m. property in Allahabad as tenants and paid stamp duty based on a market value of Rs.6,67,200 calculated using the municipal property‑tax method. The Assistant Stamp Collector re‑valued the land at Rs.24,000 per sq. m., fixing a market value of over Rs.19 crore …

M/S N. N. GLOBAL MERCANTILE PRIVATE LIMITEDversusM/S INDO UNIQUE FLAME LTD. & ORS.

2023 INSC 423Reference answered

The case concerns a sub-contract (Work Order) containing an arbitration clause, which was unstamped. The appellant argued that the arbitration agreement was unenforceable due to non-payment of stamp duty under the Indian Stamp Act, 1899. The Supreme Court, by a 3:2 majority, held that an arbitration …

REGISTRAR OF ASSURANCES & ANR.versusASL VYAPAR PRIVATE LTD. & ANR

2022 INSC 1192Dismissed

The Supreme Court considered two related disputes where the Registrar of Assurances, invoking Section 47A of the Indian Stamp Act, 1899, demanded additional stamp duty on properties sold by court‑ordered public auctions – one arising from a partition suit and the other from a company liquidation. In …

VIJAY KUMAR GOYAL (DEAD) THR. LR.versusNEENA RANI & ORS.

2022 INSC 969Appeal(s) allowed

The appellant, original plaintiff, filed a suit for specific performance of a 1996 Memorandum of Agreement and a 2011 agreement to sell concerning a piece of land. The trial court directed him to pay deficient stamp duty with penalty under Entry No.5 of Schedule 1‑A of the Indian Stamp Act (Punjab), …

BHARAT SANCHAR NIGAM LIMITEDversusM/S. NEMICHAND DAMODARDAS & ANR.

2022 INSC 697Appeal(s) allowed

Bharat Sanchar Nigam Limited (BSNL) appealed against a Bombay High Court order that had increased compensation for land acquired under the Land Acquisition Act from Rs.21 per sq. ft. to Rs.174 per sq. ft., relying on the Ready Reckoner rates. BSNL argued that the Ready Reckoner, prepared for …

NATIONAL HIGHWAYS AUTHORITY OF INDIAversusSRI P. NAGARAJU @ CHELUVAIAH & ANR

2022 INSC 689Case Partly allowed

The National Highways Authority of India (NHAI) challenged arbitral awards that enhanced compensation for land acquired under the National Highways Act, arguing that the arbitrator improperly relied on post‑acquisition guideline values and failed to give sufficient reasons, violating Sections 28(2) …

KHUSHI RAM & ORS.versusNAWAL SINGH & ORS.

2021 INSC 106Dismissed

The case concerned a consent decree dated 19‑08‑1991 that confirmed a family settlement whereby Smt. Jagno, a Hindu widow, transferred her half‑share in agricultural land to her nephews. The appellants challenged the decree on two grounds: (i) that the decree should have been registered under …

TRUSTEES OF H.C. DHANDA TRUSTversusSTATE OF MADHYA PRADESH & ORS.

2020 INSC 551Case Partly allowed

The H.C. Dhanda Trust executed a Deed of Assent to vest two immovable properties in its beneficiaries, paying only Rs.200 stamp duty. The Collector of Stamps treated the deed as a gift deed, levied a deficit duty of Rs.1.28 crore and imposed a ten‑times penalty of Rs.12.80 crore, which was upheld by …

THE INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU AND ORS.versusK. BASKARAN

2020 INSC 428Appeal(s) allowed

The Supreme Court examined appeals filed by the Inspector General of Registration, Tamil Nadu and others against K. Baskaran concerning the valuation of stamp duty under the Indian Stamp Act, 1899 and the Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968. It held that Rule …

MOHAMMADE YUSUF & ORS.versusRAJKUMAR & ORS.

2020 INSC 133Appeal(s) allowed

The appellant filed a suit in 1984 for a 7‑biswa parcel of land and a compromise decree was passed on 4 October 1985 granting them title to that parcel. In a later suit filed in 1998, the respondents sought an injunction over the same land and, during trial, the appellant attempted to introduce the …

M/S TECNIMONT PVT. LTD.versusSTATE OF PUNJAB & OTHERS

2019 INSC 1054Disposed off

The Punjab Value Added Tax Act, 2005 requires a 25% pre‑deposit of the additional demand before a first appeal can be entertained under Section 62(5). Assessors, including Punjab State Power Corporation, filed appeals and sought waiver of this requirement on grounds of financial hardship, …

GARWARE WALL ROPES LTD.versusCOASTAL MARINE CONSTRUCTIONS & ENGINEERING LTD.

2019 INSC 511Appeal(s) allowed

Garware Wall Ropes Ltd. entered into a sub‑contract with Coastal Marine Constructions & Engineering Ltd. that contained an arbitration clause but the sub‑contract was not stamped. When the respondent filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of …

GOVT. OF NCT OF DELHIversusUNION OF INDIA

2019 INSC 194Disposed off

The case involves multiple appeals arising from a Delhi High Court judgment concerning the division of powers between the Government of National Capital Territory of Delhi (GNCTD) and the Lieutenant Governor (LG) under Article 239AA of the Constitution. The Supreme Court Constitution Bench had …

M/S SHRIRAM EPC LIMITEDversusRIOGLASS SOLAR SA

2018 INSC 816Dismissed

The parties obtained an ICC arbitral award in London ordering RioGlass Solar to pay Shriram EPC Ltd €4.36 million. Shriram filed a petition under Section 47 of the Arbitration and Conciliation Act, 1996 to enforce the foreign award in India, while RioGlass contended that the award was unenforceable …

AMEER MINHAJversusDIERDRE ELIZABETH (WRIGHT) ISSAR AND ORS.

2018 INSC 578Appeal(s) allowed

The appellant filed a suit for specific performance of a 2003 agreement to sell land, relying on an unregistered sale deed, a registered power of attorney, and an earlier unregistered 1995 agreement. The respondents challenged the admissibility of these documents, arguing that the 2003 deed required …

NASIRUDDIN & ANR. ETC.versusTHE STATE OF UTTAR PRADESH THROUGH SECRETARY & ORS

2017 INSC 1191Dismissed

The Municipal Corporation of Meerut awarded contracts to several appellants for the collection of "Tehbazari" (a local toll) and parking fees. The appellants challenged the demand of the Collector of Stamps that the contracts be treated as leases and attract stamp duty at Rs.70 per thousand. The …

BLACK PEARL HOTELS (PVT) LTD.versusM/S PLANET M RETAIL LTD.

2017 INSC 1266Appeal(s) allowed

Black Pearl Hotels (Pvt) Ltd. entered into a "conducting agreement" with M/s Planet M Retail Ltd. and later sought arbitration under the Arbitration and Conciliation Act, 1996. The High Court Judge, invoking s.33(2)(b) of the Karnataka Stamp Act, 1957, referred the matter to the Registrar to …

YELLAPU UMA MAHESWARI &ANR.versusBUDDHA JAGADHEESWARARAO & ORS.

2015 INSC 755Case Partly allowed

In a partition suit, the defendants sought to introduce two unregistered documents (Exhibit B‑21, a deed of memorandum, and Exhibit B‑22, an agreement) to prove the division of property. The trial court and the Andhra Pradesh High Court held the documents inadmissible, reasoning that they were …

THE COMMITTEE-GFILversusLIBRA BUILDTECH PRIVATE LTD. & ORS.

2015 INSC 718Case Allowed

The Supreme Court examined whether Libra Buildtech Private Ltd. and other bidders, who had paid Rs.6.22 crore as stamp duty for sale deeds of properties of a liquidated company, could claim a refund after the sale was cancelled and the sale consideration was returned. The Court held that the …

SUKUMAR DEversusBIMALA AUDDY & ORS.

2013 INSC 725Dismissed

A decree for Rs.6,600 was passed in 1967 and the judgment debtors' property was auctioned in 1990, where the petitioners purchased it for Rs.1.5 lakh. The judgment debtor (Respondent No.4) sought to set aside the sale under Order 21 Rule 89 of the CPC, leading to a series of revisions and …

OMPRAKASHversusLAXMINARAYAN & ORS.

2013 INSC 685Appeal(s) allowed

The plaintiffs filed a suit for specific performance, possession and injunction based on an agreement to sell dated 27 December 2000, which recited that physical possession of the land had been handed over to them. The defendants denied the execution of the agreement and the delivery of possession. …

M/S TIRUPATI DEVELOPERSversusSTATE OF UTTARAKHAND & ORS.

2013 INSC 527Dismissed

The case involved eleven sale agreements executed by M/s Tirupati Developers for parcels of land in Uttarakhand. The Deputy Registrar impounded the agreements alleging deficient stamp duty and the Assistant Commissioner ordered payment of the deficit, penalty and interest. The appellant contended …

ADDL.DISTT.SUB-REGISTRAR SILIGURIversusPAWAN KUMAR VERMA AND OTHERS

2013 INSC 297Appeal(s) allowed

A partition suit filed in 1999 was compromised in 2001 and the decree was presented for registration in 2007. The trial court directed the Additional District Sub‑Registrar, Siliguri to register the partition deed based on the stamp duty calculated from the suit valuation of Rs.50 lakh. The …

STATE OF M.P.versusRAKESH KOHLI & ANR.

2012 INSC 234Appeal(s) allowed

The State of Madhya Pradesh challenged the constitutional validity of clause (d) of Article 45 in Schedule 1‑A of the Indian Stamp Act, 1899, as amended by the Madhya Pradesh Stamp Amendment Act, 2002, which imposes a 2% stamp duty on power‑of‑attorney instruments given without consideration to …

STATE OF U.P. & ORS.versusAMBRISH TANDON & ANR.

2012 INSC 47Dismissed

The respondents purchased a house in Lucknow, paid stamp duty based on its residential use at the time of sale, and executed a sale deed on 16 April 2003. A spot inspection by the District Magistrate later found a larger area and higher valuation, leading the Additional Collector to issue an order …

SURAJ LAMP & INDUSTRIES PVT. LTD.versusSTATE OF HARYANA & ANR.

2011 INSC 739Disposed off

The Supreme Court examined the legality of transactions that rely on Sale Agreements, General Power of Attorney or Wills (collectively termed SA/GPA/Will transfers) as a mode of transferring immovable property. It observed that such arrangements are used to evade stamp duty, registration fees and to …

M/S. SMS TEA ESTATES PVT. LTD.versusM/S. CHANDMARI TEA CO. PVT. LTD.

2011 INSC 508

The appellant, SMS Tea Estates, entered into a 30‑year lease deed with the respondent, Chandmari Tea Co., which contained Clause 35 mandating arbitration of disputes. The lease deed was not registered, though registration was compulsory, and it was also not duly stamped. The appellant sought …

STATE OF UTTARANCHALversusM/S. KHURANA BROTHERS

2010 INSC 746Appeal(s) allowed

The State of Uttaranchal auctioned crude resin and the highest bid was placed by Khurana Brothers, leading to a formal contract of sale dated 24 March 2001 and an acceptance letter on 7 April 2001 requiring the resin to be lifted within 60 days. The issue before the Supreme Court was whether this …

LAL CHANDversusUNION OF INDIA & ANOTHER

2009 INSC 1044Disposed off

The case concerned the determination of market value for lands in Rithala village, Delhi, acquired under four notifications of the Land Acquisition Act, 1894. The Delhi High Court had based compensation on Delhi Development Authority (DDA) allotment rates and limited sale deed evidence, awarding …

C.J. PAUL AND ORS.versusDISTRICT COLLECTOR AND ORS.

2009 INSC 980Appeal(s) allowed

The appellants purchased land in Tamil Nadu by deeds dated 1‑Feb‑1990. The Sub‑Registrar became aware of the deeds only on 30‑Mar‑1996 and, in 1998, initiated proceedings under Sections 47A(1) and 198 of the Indian Stamp Act, 1899, to recover deficit stamp duty. The appellants contended that the …

V.N. DEVEDOSSversusCHIEF REVENUE CONTROL OFFICER-CUM-INS. AND ORS.

2009 INSC 748Appeal(s) allowed

The appellant purchased 60.86 acres of land belonging to Dunlop India Ltd, a sick company, through an open‑market tender conducted by an Asset Sales Committee appointed under the Sick Industrial Companies (Special Provisions) Act, 1985. The sale deed was executed at Rs 24.34 crore and registered. …

V.V.S RAMA SHARMA & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 508Appeal(s) allowed

The appellants, former officers of the Life Insurance Corporation of India, were charged under IPC sections 420 and 409 and Stamp Act sections 64 and 69 for allegedly purchasing insurance stamps from vendors outside Uttar Pradesh, causing a loss to the State. They filed writ petitions seeking …

AVINASH KUMAR CHAUHANversusVIJAY KRISHNA MISHRA

2008 INSC 1465Dismissed

The appellant, Avinash Kumar Chauhan, purchased land from respondent Vijay Krishna Mishra, a Scheduled Tribe member, and paid the full consideration and took possession, but the transfer required the collector’s permission under the C.G. Land Revenue Code, which was denied. Chauhan sued for recovery …

GOPI KRISHNA TRIVEDIversusSUDAMA PRASAD OJHA

2008 INSC 1002Dismissed

In a suit for specific performance of a sale of immovable property, the parties entered into an oral agreement and later produced a written document containing the terms and conditions of that agreement along with rent receipts. The trial court refused to impound the documents, holding they were not …

GOVERNMENT OF ANDHRA PRADESH & ORS.versusSMT. P. LAXMI DEVI

2008 INSC 247Case Allowed

The appellant State challenged a High Court order that declared Section 47A of the Indian Stamp Act, as amended by Andhra Pradesh Act 8 of 1998, unconstitutional. The amendment requires a party to deposit 50% of the deficit stamp duty before a registering officer can refer the instrument to the …

THIRUVENGADA PILLAIversusNAVANEETHAMMAL & ANR.

2008 INSC 217Dismissed

The plaintiff filed a suit for specific performance of a sale agreement dated 5 January 1980, which the defendant denied executing. The agreement was written on two stamp papers purchased in 1973 and 1978, and the plaintiff failed to produce expert fingerprint analysis to prove the thumb impression …

STATE OF RAJASTHAN AND ORS.versusM/S KHANDAKA JAIN JEWELLERS

2007 INSC 1157Appeal(s) allowed

Mis Khandaka Jain Jewellers entered into agreements to purchase two properties in 1983, but the vendors failed to execute sale deeds. The firm obtained specific performance decrees in 1994, after which the court executed the sale deeds in 1995 and sent them for registration. The Sub‑Registrar, …

HARIOM AGRAWALversusPRAKASH CHAND MAL VIYA

2007 INSC 1012Dismissed

The appellant Hariom Agrawal sought to admit a photocopy of a tenancy agreement as secondary evidence after the original was allegedly stolen. The agreement, required to bear a Re.1 stamp, instead had a notarial stamp of Rs.4, i.e., a stamp of sufficient amount but improper description. The trial …

RAYMOND LTD. AND ANR.versusSTATE OF CHHATTISGARH AND ORS.

2007 INSC 180Dismissed

Raymond Ltd. sought to sell its cement division and applied to the Collector under Section 31 of the Indian Stamp Act, 1899 for pre‑assessment of stamp duty. The Collector, after valuation, assessed duty and, under Section 32, endorsed the deed of conveyance, after which the instrument was stamped …

SHYAMAL KUMAR ROYversusSUSHIL KUMAR AGARWAL

2006 INSC 759Dismissed

Shymal Kumar Roy and Sushil Kumar Agarwal entered into a development agreement in 1995. The agreement was exhibited as evidence in a suit for specific performance on 17‑02‑2003 without any objection. Two years later, Roy sought to have the document impounded under Section 38 of the Indian Stamp Act, …

DR. CHIRANJI LAL (D) BY LRS.versusHARI DAS (D) BY LRS.

2005 INSC 279Appeal(s) allowed

In a partition suit, a final decree was passed on 7 August 1981 but was not engrossed on stamp paper until the respondents furnished the required stamp papers on 25 May 1982. The appellant filed an execution application on 21 March 1994, arguing that it was barred by the 12‑year limitation period …

DISTT. REGISTRAR & COLLECTOR, HYDERABAD AND ANR.versusCANARA BANK ETC.

2004 INSC 631Dismissed

The Andhra Pradesh amendment of Section 73 of the Indian Stamp Act gave the Collector power to inspect, seize and impound any registers, books or documents, including those in banks, without any procedural safeguards. The High Court struck down this provision as unconstitutional, and the State …

HAMEED JOHARAN (D) AND ORS.versusABDUL SALAM (D) BY LRS. AND ORS.

2001 INSC 361Dismissed

In a partition suit, a final decree was passed on 20‑Nov‑1970 but the decree holder failed to furnish the required stamp paper, delaying the drawing up of the decree. The decree holder's legal representatives filed an execution petition on 21‑May‑1984, more than twelve years after the decree. The …

CHILAKURI GANGULAPPAversusREVENUE DIVISIONAL OFFICER, MADANPALLE AND ANR.

2001 INSC 145Appeal(s) allowed

Chilakuri Gangulappa filed a civil suit to enforce a sale agreement that was found to be insufficiently stamped. The Munsif Court impounded the document and sent it to the Revenue Divisional Officer (RDO), who, after assessing market value, imposed a penalty of ten times the stamp duty deficiency. …

THE GOVT. OF TAMIL NADUversusPV. ENTER. REP. BY SCM JAMALUDEEN AND ORS.

2000 INSC 536Dismissed

The Tamil Nadu Government issued a circular directing registration officers to refuse registration of property documents suspected of being undervalued until the correct stamp duty was collected. The petitioners challenged the circular as violative of Section 47A of the Indian Stamp Act, 1899. The …

SATISH KUMARversusZARIF AHMED AND ORS.

1997 INSC 177Appeal(s) allowed

The appellant, Satish Kumar, leased immovable property to the respondent, Zarif Ahmed, for eleven months at a monthly rent of Rs.220. After the tenant defaulted, the landlord obtained a decree of ejectment from the trial court, which the High Court set aside on the ground that the unregistered lease …

S.P. GOELversusCOLLECTOR OF STAMPS

1995 INSC 863Dismissed

S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection …

BHOOP SINGHversusRAM SINGH MAJOR AND ORS.

1995 INSC 553Dismissed

The petitioners, heirs of a common ancestor, claimed a one‑third share in land, relying on a 1973 declaratory decree that had been obtained on the basis of the defendant’s written admission of their title. The decree was never registered. The trial court held the decree illegal; the appellate courts …

SANTOSH JAYASWAL AND ANR.versusSTATE OF M.P. AND ORS.

1995 INSC 557Disposed off

The State of Madhya Pradesh granted the appellants a right to catch fish in government tanks. The appellants argued that this right was merely a licence and therefore not subject to compulsory registration under the Indian Registration Act, 1908 or stamp duty under the Indian Stamp Act, 1899. The …

JAWAJEE NAGNATHAMversusTHE REVENUE DIVISIONAL OFFICER, ADILABAD, AP., ETC.

1994 INSC 29Dismissed

The appellant owned 18 guntas of land in Adilabad municipality that were acquired under the Land Acquisition Act, 1894. Compensation was initially based on letting value and later enhanced to Rs. 75 per square yard by the reference court. The appellant claimed a market value of Rs. 300 per square …

MUNICIPAL CORPORATION OF DELHIversusPRAMOD KUMAR GUPTA

1990 INSC 388Dismissed

The Municipal Corporation of Delhi appealed against a High Court order that held only stamp duty, and not the surcharge under section 147 of the Delhi Municipal Corporation Act, was payable on a sale certificate issued by a civil court under Order XXI, Rule 94 of the Code of Civil Procedure. The …

SMT. SHANTI DEVI L. SINGH AND ANR.versusTAX RECOVERY OFFICER AND ORS.

1990 INSC 152Appeal(s) allowed

The petitioners purchased immovable property at auction sales conducted by the Tax Recovery Officer (TRO) for recovery of income‑tax and were issued certificates of sale. They approached the Sub‑Registrar to register the certificates, but the Sub‑Registrar and the Collector of Stamps refused unless …

TRIDESHWAR DAYAL AND ANR.versusMAHESHWAR DAYAL AND ORS.

1989 INSC 390Disposed off

A family dispute led to an arbitration award in 1973, which was filed before a civil court for making it a rule of court. The court ordered impounding of the award in 1976, a decision confirmed by the High Court in 1981 and upheld by the Supreme Court in 1983. Respondent No.1 later approached the …

SOMAIYA ORGANICS (INDIA) LTD., ETC.versusBOARD OF REVENUE, U.P., ETC.

1985 INSC 244Dismissed

Godavari Sugar Mills sold land and buildings to Somaiya Organics for Rs.7,76,000, but the sale was subject to an equitable mortgage created in favour of Punjab National Bank for a contingent liability of Rs.65,00,000. The Sub‑Registrar and Collector treated the total consideration as Rs.1,92,76,000, …