Delhi High Court
Case BriefsHigh Courts

There is a clear distinction between the invalidity and inadmissibility of the document. The document is rendered invalid if the document is not sufficiently stamped and would not be admissible in evidence unless such instrument is duly stamped as provided under Section 35 of the Indian Stamp Act.

2023 SCC Vol. 10 Part 4
Cases ReportedSCC Weekly

Central Vigilance Commission Act, 2003 — S. 25 r/w FR 56 — Tenure of Director of Enforcement: Permissibility of continuation of tenure

Inadequately Stamped Agreement
Op EdsOP. ED.

by Abhijnan Jha†, Bhagya K. Yadav†† and Pranav Tomar†††

Yeh Rishta Kya Kehlata Hai
Op EdsOP. ED.

by Anirudh Goyal† and Jaspreet Singh††

N.N. Global
Experts CornerVasanth Rajasekaran

by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2023 SCC OnLine Blog Exp 88

Case BriefsSupreme Court (Constitution/Larger Benches)

“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”

delhi high court
Case BriefsHigh Courts

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.

delhi high court
Case BriefsHigh Courts

“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.”

n.n. global on institutional arbitrations
Op EdsOP. ED.

by Deepti Panda†

delhi high court
Case BriefsHigh Courts

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.

unstamped arbitration agreements
Experts CornerVasanth Rajasekaran

by Vasanth Rajasekaran †
Cite as: 2023 SCC OnLine Blog Exp 38

Case BriefsSupreme Court

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.

Case BriefsSupreme Court

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

National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

National Company Law Tribunal, Mumbai: The Coram of H.V. Subba Rao, Judicial Member addressed the relevancy of insufficiency of stamp duty under

Case BriefsHigh Courts

Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he

Op EdsOP. ED.

by Shuchi Sejwar* and Akshata Sharma**

Case BriefsHigh Courts

Kerala High Court: R. Narayana Pisharadi, J., while observing the instant matter asked the trial court to reconsider the question whether the suit

Case BriefsHigh Courts

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., addressed a matter with regard to stamp duty. Respondents invited a tender to repair

Case BriefsSupreme Court

Supreme Court: Dealing with the questions relating to interpretation of Section 47-A of the Indian Stamp Act, 1899 and the Tamil Nadu

Case BriefsSupreme Court

Supreme Court: Interpreting Section 33(2) proviso (b) of the Karnataka Stamp Act, 1957 as to the power of the delegated authority to