2023 SCC Vol. 10 Part 4
Central Vigilance Commission Act, 2003 — S. 25 r/w FR 56 — Tenure of Director of Enforcement: Permissibility of continuation of tenure
stamp act
Right to Preserve the Substratum of Subject-Matter of Dispute arising out of Inadequately Stamped Agreement
by Abhijnan Jha†, Bhagya K. Yadav†† and Pranav Tomar†††
Stamp Act, 1899 and Arbitration and Conciliation Act, 1996 – Yeh Rishta Kya Kehlata Hai?
by Anirudh Goyal† and Jaspreet Singh††
N.N. Global III: Supreme Court Performs the Balancing Act by Passing the Stamping Baton to Arbitral Tribunals
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2023 SCC OnLine Blog Exp 88
7-Judge Bench Verdict | Supreme Court Judgment on validity of Unstamped Arbitration Agreement
“The concept of separability or severability of an arbitration agreement from the underlying contract is a legal fiction which acknowledges the separate nature of an arbitration agreement. The separate nature of the arbitration agreement from the underlying contract is one of the cornerstones of arbitration law”
‘Certified copy’ of the original arbitration agreement suffice if duly stamped, declaration made and uncontroverted for the purpose of S. 11 Arbitration Act
The case relates as to how the statutory mandate under Section 11(13) of Arbitration and Conciliation Act, 1996 which aims at expeditious disposal of petitions under Section 11 of the Act, is harmonized with the obligation imposed vide the judgment N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd, (2023) 7 SCC 1, to act in tune with the statutory dictate of the Indian Stamp Act, 1899.
Superior court’s reversal/modification of a question of law forming the basis of a judgment cannot be a ground for review; Delhi HC reiterates
“In certain situations, it may be expedient to leave it to the arbitrator to determine the issue as to whether stamping is insufficient, and if so, the arbitrator will take recourse to Section 33 of the Stamp Act, 1889.”
Delhi High Court directs Collector of stamps to adjudicate stamp duty payable within 30 days
If adjudication of any stamp duty payable involves any complexity/ extraordinary circumstances, the adjudication of stamp duty can be extended for a maximum period of three months from the date of application.
N.N. Global Dictum: Has the Stamping Issue’s Resolution Opened a Pandora Box?
by Vasanth Rajasekaran †
Cite as: 2023 SCC OnLine Blog Exp 38
EXPLAINED| Stamp Act versus Arbitration Act issue on validity of an Unstamped Arbitration Agreement as Supreme Court reserves Judgment
The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.
Is unstamped Arbitration Agreement enforceable? SC holds question being pending before larger Bench will not hinder arbitration proceedings unless issue indicates existence of deadwood
Supreme Court: While addressing the issue related to jurisdiction of Court under Section 11(6) of the A&C Act, the 3-judge Bench comprising
In case of an application being filed under S.7 of IBC, will insufficiency of stamp duty be looked into? NCLT decides
National Company Law Tribunal, Mumbai: The Coram of H.V. Subba Rao, Judicial Member addressed the relevancy of insufficiency of stamp duty under
Law on Fraud | Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides
Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he
Ker HC | Litmus test to find out whether a document is bond or not || Read High Court’s ruling
Kerala High Court: R. Narayana Pisharadi, J., while observing the instant matter asked the trial court to reconsider the question whether the suit
All HC reiterates that Authorities not to demand Stamp Duty beyond Art. 57(b) Sch. 1-B of Stamp Act
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., addressed a matter with regard to stamp duty. Respondents invited a tender to repair
Property’s market value can be enhanced while deciding appeal under Section 47A of Stamp Act in case of obvious illegality
Supreme Court: Dealing with the questions relating to interpretation of Section 47-A of the Indian Stamp Act, 1899 and the Tamil Nadu
Delegated Authority under S. 33 (2) proviso (b) of the Karnataka Stamp Act, 1957 cannot determine the nature of the document
Supreme Court: Interpreting Section 33(2) proviso (b) of the Karnataka Stamp Act, 1957 as to the power of the delegated authority to