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

SCR Citation: [2017] 2 S.C.R. 50
Year/Volume: 2017/ Volume 2
Date of Judgment: 17 February 2017
Petitioner: BLACK PEARL HOTELS (PVT) LTD.
Disposal Nature: Appeals Allowed
Neutral Citation: 2017 INSC 1266
Judgment Delivered by: Hon'ble Mr. Justice Dipak Misra
Respondent: M/S PLANET M RETAIL LTD.
Case Type: CIVIL APPEAL /2973-2974/2017
Order/Judgment: Judgment
1. Headnote

Karnataka Stamp Act, 1957: s. 33(2) Proviso (b) - Scope of - In petition u/s. 11 of Arbitration and Conciliation Act,1996, the Judge of High Court referred the matter to the Registrar - To examine the nature and character of the instrument and then to determine whether the instrument was duly stamped - Propriety of - Held: Proviso (b) to Sub-section (2) of s. 33 empowers the Judge of High Court only to examine the instrument for the purpose of determining as to whether the instrument is duly stamped or not and for impounding the same - The provision does not contemplate any adjudication as regards the nature and character of the instrument - Such determination is part of judicial function, and the same cannot be delegated. Words and Phrases: 'Duly stamped' - Meaning of, in the context of s. 2(l)(e) of Karnataka Stamp Act, 1957.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Karnataka Stamp Act
  • 1957:
5. Equivalent citation
    Citation(s) 2017 AIR 1974 = 2017 (4) SCC 498 = 2017 (4) Suppl. SCC 498 = 2017 (3) SCALE 283