JLO NOTES

THE RAJASTHAN STAMP ACT, 1998

(36)- "Stamp" means any mark, seal, certificate or endorsement by any agency or person
duly authorised by the State Government, and includes an adhesive or impressed stamp, for
the purposes of duty chargeable under this Act.]
Section 39- Instruments not duly stamped inadmissible in evidence, etc. –
Except- a) if duty paid, b) a penalty of 2% of deficient duty per month for the period during
which the instrument remained insufficiently stamped or 25% of the deficient stamp duty,
whichever is higher, but not exceed 2 times of the deficient stamp duty.
 Can be used in criminal proceedings
 Can be used in favour of or on behalf of govt.

Schedule
1. Acknowledgment- 10
2. Administration Bond- 2% of the value of bond
3. Adoption Deed- Rs 1000
4. Affidavit- Rs 50
Exemptions- a) Indian army, air force; b) filed or used in court; c) enabling any person
to receive any pension or charitable allowance
5. Agreement or memorandum of agreement-
BOE- 10
Sale of govt security- Max. 200rs
Purchase or sale of immovable property- 3% of total consideration
Repayment of loan or debt- 0.15% of amt. of loan or debt
Promoter/developer- as in point 21.
<10 lac- 2.50 paisa for every 1000
Not otherwise provided- 500
5A. electronic transaction- 0.01%
6. Deposit of title deeds, pawn or pledge-
a) Repayable more than 3 mnths.- 0.15%
b) Repayable not more than 3 mnths.- half the duty
Exemption- of agricultural produce.
7. Appointment in execution of a power- 200rs
8. Appraisement or valuation-
<1000- 5%
Other case- 100
9. Apprenticeship-deed- rs 40
10. AOA- 0.5%
11. Amendment in AOA
a) Increase in authorized share capital- 0.5%
b) Other case- 500
Exemption- not for profit
12. Clerkship- 500
13. Award-
a) <1000- 5%
b) other case- 100
13A. Bank guarantee- 0.25%
16 Cancellation- 100
21- conveyance 2(11)-
Immovable- 11%
Movable- 0.5%
TDR- 5%
22- copy or extract certified to be a true copy-
a) original not chargeable- 3rs
b) other case- 100rs
27- divorce instrument- 50rs
28- advocate name on roll in high court- 500rs
29- exchange of property- same as 21
30- further charge- same as 21
31- Gift- same as 21
33- lease- same as 21
33A- leave and license agreement- same as lease
37- mortgage deed-
a) Possession is given- same as 21
b) Possession is not given- same as 14
c) Collateral or auxiliary security-
i) Not exceeding Rs 1000- 12rs
ii) 1000 or exceeding 1000- 12rs
Exemption- agriculture
38- mortgage of crop- Rs 2
39- Notarial act- Rs 10
41- note of protest- Rs 10
42- partition- No. 21
43- partnership- 2000rs
44- power of attorney- 100, 200, as per 21, 2000, fifty rs for each authorized person
45- protest of bill or note- Rs 10
51- settlement-
i) Religious or charitable purpose- as per 14
ii) Any other case- as per 21
55- transfer of lease by assignment- as per 21

THE ARBITRATION AND CONCILIATION ACT, 1996

Sec. 2(c)- “arbitral award” includes an interim award;
Sec. 34- Application for setting aside arbitral awards-
 incapacity,
 arbitration agreement is not valid, party was not given proper notice of the
appointment of an arbitrator or of the arbitral proceedings or
 was unable to present his case;
 the arbitral award deals with a dispute not contemplated by the terms of the
submission to arbitration,
 the composition of the arbitral tribunal or the arbitral procedure was not in accordance
with the agreement of the parties.
(b) the Court finds that— (i) the subject-matter of the dispute is not capable of settlement by
arbitration under the law, or (ii) the arbitral award is in conflict with the public policy of India
(3) An application for setting aside may not be made after 3 months have elapsed from the
date on which the party making that application had received the arbitral award
Disposal within 1 year

THE FOURTH SCHEDULE

Sum in dispute Model fee
Up to Rs. 5,00,000 - Rs. 45,000
5,00,000- 20,00,000 - 45,000 + 3.5% of the amount over and above Rs. 5,00,000
20,00,000- 1,00,00,000 - 97,500 + 3% of the amount over and above Rs. 20,00,000
1,00,00,000- 10,00,00,000 - 3,37,500 + 1% of the amount over and above Rs. 1,00,00,000
Rs. 10,00,00,000- 20,00,00,000 - 12,37,500 + 0.75% of the amount over and above Rs.
1,00,00,000
Above 20,00,00,000 19,87,500 + 0.5% of the
claim amount over and above Rs. 20,00,00,000 with a ceiling of Rs. 30,00,000
Note:—In the event, the arbitral tribunal is a sole arbitrator, he shall be entitled to an
additional amount of twenty-five per cent. on the fee payable as per the table set out above.

THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

Section 16- (Adoption Deed)- Presumption as to registered documents relating to adoption-
‘shall presume’

THE HINDU MARRIAGE ACT, 1955

Section 13- Divorce-
a. sexual intercourse with other than spouse
b. cruelty
c. deserted for 2 yrs.
d. Converted
e. Unsound mind
f. Venereal disease
g. Renounced the world by entering any religious order
h. Not heard as alive for a period of 7 yrs.
 No resumption of cohabitation
 No restitution of conjugal rights
Wife-
 Husband married again
 Rape, sodomy, bestialty
 Order of maintenance under section 148 HAMA, section 125 CRPC
 Marriage at 15 but repudiated after 18 yrs.
13A- Judicial Separation
13B- divorce by mutual consent- living separately for 1 yr. or more [6-18]
14. No petition for divorce to be presented within one year of marriage-

Power of attorney act, 1882

1A- “Power-of-Attorney” includes any instrument empowering a specified person to act for
and in the name of the person executing it.]
Types- General, Specific, Durable, Non-durable

THE RAJASTHAN COURT FEES AND SUITS VALUATION ACT,

1961
56- Provision for cases where too low a fee has been paid- if not paid complete fee- 5 times
the deficit fee.
26- suits for injunction-
Immovable property- ½ of market value of property or 300rs w/e is higher
Right to print, sell, use etc.- fee shall be computed on the amount at which the relief sought is
valued in the plaint or on 500 rs, w/e is higher.
Any other case- value of relief or 400 rs w/e is higher
28- Suits for possession under the Specific Relief Act, 1877- In a suit for possession of
immovable property under section 9, fee shall be computed on (½) of the market value of the
property or on 200 rs, w/e is higher.
24- Suits for declaration-
(a) declaration + possession of the property- fee on the market value of the property, subject
to a minimum 20 rs;
(b) declaration + consequential injunction- fee shall be computed on (1/2) of the market value
of the property, subject to a minimum fee of 20 rs;
(c) where the prayer relates to the plaintiffs exclusive right to use, sell, print or exhibit any
mark, name, book and is based on an infringement of such exclusive right- fee on the amount
at which the relief sought is valued subject to a minimum fee of 40 rs;
(d) declaration and no consequential relief is prayed for, fee on the market value of the
property, subject to a minimum fee of 20 rs;
(e) in other cases whether the subject-matter of the suit is capable of valuation or not, fee on
the amount at which the relief sought, subject to a minimum fee of 25 rs.

THE INDIAN SUCCESSION ACT, 1925

2(b) “codicil”- an instrument made in relation to a Will, and explaining, altering or adding,
and shall be deemed to form part of the Will;
(f) “probate”- copy of a will certified under the seal of a court of competent jurisdiction with
a grant of administration to the estate of the testator;
(h) “will”- legal declaration of the intention of a testator with respect to his property which he
desires to be carried into effect after his death.
59. Person capable of making wills.—Every person of sound mind not being a minor may
dispose of his property by will.
Explanation 1.—A married woman may dispose by will of any property which she could
alienate by her own act during her life.
Explanation 2.—Persons who are deaf or dumb or blind are not thereby incapacitated for
making a will if they are able to know what they do by it.
Explanation 3.—A person who is ordinarily insane may make a will during interval in which
he is of sound mind.
Explanation 4.—No person can make a will while he is in such a state of mind, whether
arising from intoxication or from illness or from any other cause, that he does not know what
he is doing.
65. Privileged wills.—Any soldier being employed in an expedition/ warfare
or an airman so employed or engaged,] or
any mariner being at sea, may, if he has completed the age of eighteen years, dispose of his
property by a will made in the manner provided in section 66. Such wills are called privileged
wills.

THE REGISTRATION ACT, 1908

Section 17- Documents of which registration is compulsory-
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which create, declare, assign, any right, title or
interest, of the value of 100rs and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any
consideration due to creation, declaration, assignment, of any such right, title or
interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year,
(e) non-testamentary instruments transferring or assigning any decree or order of a Court
when such decree or order create, declare, assign, any right, title or interest, of the
value 100rs and upwards, to or in immovable property:]
Exemption- lease which does not exceed 5 yrs. And annual rent reserved not exceed 50rs.

THE SALE OF GOODS ACT, 1930

Rights and duties of seller-

RIGH DUTIE
T S
To reserve the right of disposal of the To make the arrangement for
1. goods until certain conditions are fulfilled. 1 transfer of property in the
(sec 25 (1) goods to the buyer.
To assume that the buyer has accepted the
goods , where the buyer
(i ) Conveys his acceptance;
(ii) Does an act adopting the sale; or To ascertain and appropriate
2. 2.
(iii) Retains the goods without giving a the goods to the contract of sale
notice of rejection, beyond the specified
date (or reasonable time), in a sale on
approval. (sec 24)
3. To deliver the goods only when applied 3. To pass an absolute and
for by the buyer ( sec 35) effective title to the goods, to

To make delivery of the goods in
4. 4.
installments, when so agreed ( sec 39 (1)
To exercise lien and retain possession of
5. the goods, until payment of the price ( sec 5.
47 (1)
To stop the goods in transit and resume
6. possession of the goods, until payment of 6.
the price ( sec 49 (2) and 50
To resell the goods under certain
7 7
circumstances ( sec 54)
To withhold delivery of the goods when
8 the property in the goods has not passed to 8
the buyer (sec 46 (2)
To sue the buyer for price when the
property in the goods has passed to the
buyer or when the price is payment on a
9 9
certain day, in terms of the contract, and
the buyer fails to make the payment (sec
55)
10
11
12
Rights and Duties of Buyer
Rights of Buyer
Right to Delivery of Goods as per Contract:
the buyer.
To deliver the goods in
accordance with the terms of
the contract ( sec 31)
To ensure that the goods
supplied conform to the
implied / express conditions
and warranties.
To put the goods in a
deliverable state and to deliver
the goods as and when applied
for by the buyer ( sec 35)
To deliver the goods within the
time specified in the contract or
within a reasonable time and a
reasonable hour. [ sec 36 (2)
and (4)]
To bear all expenses of and
incidental to making a delivery
( i.e. upto the stage of putting
the goods into a deliverable
sate 0 (sec 36 (5)
To deliver the goods in the
agreed quantity. (Sec. 37 (1).
To deliver the goods in
installments only when so
desired by the buyer. (Sec 38
(1)
To arrange for insurance of the
goods while they are in
transmission or custody of the
carrier. (Sec. 39 (2).
To inform the buyer in time,
when the goods are sent by a
sea route, so that he may get the
goods insured [Sec. 39 (3) ]
Sections 31 and 32 of the Sale of Goods Act, 1930 underscore the buyer’s entitlement to
expect timely and exact delivery of the goods they have agreed to purchase.

Right to Reject Non-Conforming Goods:

Section 37 protects the buyer against receiving goods that fail to meet the agreed-upon
specifications.

Right to Repudiate the Contract in the Absence of Agreement for Instalments:

When the seller delivers the goods in instalments without prior agreement, Section 38(1)
grants the buyer the right to repudiate the contract.

Right to Be Informed and Arrange for Insurance:

If the seller intends to send the goods via sea route, Section 39(3) obliges the seller to inform
the buyer accordingly.

Right to Examine Goods for Conformity:

Section 41 of the Sale of Goods Act, 1930 ensures that the buyer has a reasonable
opportunity to inspect the goods before accepting them.

Right to Sue for Price Recovery:

In the event that the seller fails to deliver the goods as agreed, the buyer possesses the right to
file a suit to recover the price already paid for the goods.

Right to Sue for Damages for Non-Delivery:

If the seller wrongfully neglects or refuses to deliver the goods to the buyer, Section 57 grants
the buyer the right to seek damages for any losses incurred.

Right to Sue for Specific Performance:

Right to Sue for Breach of Warranty or Condition:

Sections 59 and 60 of of the Sale of Goods Act, 1930 empower the buyer to sue for breach of
warranty or a condition treated as a breach of warranty, respectively.

Right to Sue for Interest on Breach of Contract:

Duties of Buyer

Duty to Accept Delivery of Goods:

When the seller is willing and ready to make the delivery per the contract (as per Section 31),
it becomes the buyer’s duty to accept the goods without delay.

Duty to Pay the Price for Possession:

Duty to Apply for Delivery:

The buyer is responsible for formally applying for the delivery of the goods (as stated in
Section 35).

Duty to Demand Delivery at Reasonable Hour:

The buyer retains the right to demand delivery of the goods at a reasonable hour, as Section
36(4) outlines. This duty ensures that the seller arranges the delivery at a suitable time,
avoiding any undue inconvenience to the buyer.

Duty to Accept Goods in Installments:

If the contract allows for the delivery of goods in instalments (as specified in Section 38(2)),
the buyer must accept such deliveries and make payments accordingly.

Duty to Bear the Risk of Deterioration in Transit:

Suppose the goods are to be delivered to a location other than where they were sold (as per
Section 40). In that case, the buyer assumes the responsibility for any deterioration or damage
that may occur during transit.

Duty to Inform the Seller of Refusal or Rejection:

If the buyer refuses to accept or rejects the goods, they have a duty to inform the seller
accordingly (as stated in Section 43).

Duty to Take Delivery within a Reasonable Time:

Upon the seller’s tender of delivery, the buyer is obliged to accept the goods within a
reasonable timeframe as per Section 44.

Duty to Pay the Price as Property Passes:

When the property in the goods is transferred to the buyer as per the terms of the contract (as
per Section 55), the buyer must pay the price as agreed upon.

Duty to Pay Damages for Non-Acceptance:

If buyer’s non-acceptance of the goods (as per Section 56), the buyer is obligated to pay
damages to the seller as compensation for any losses incurred.

THE INDIAN PARTNERSHIP ACT, 1932

Rights of a Partner
Section 12(a): Right to take part in the conduct of the Business
Section 12(c): Right to be consulted
Section 12(d): Right of access to books
Section 13(a): Right to remuneration
Section 13(b): Right to share profits
Section 13(c): Interest on capital
Section 13(d): Interest on advances
Section 13(e): Right to be indemnified
Section 31: Right to stop the admission of a new partner
Section 32(1): Right to retire
Section 33: Right not to be expelled
Section 36(1): Right of outgoing partner to carry on a competing business
Section 37: Right of outgoing partner to share subsequent profits
Section 40: Right to dissolve the firm
Duties of a Partner
Section 9: General duties of a partner
Section 10: To indemnify for fraud
Section 13(f): To indemnify for wilful neglect
Section 12(b) & Section 13(a): To attend duties diligently without remuneration
Section 13(b): To share losses
Section 16(a): To account for any profit
Section 16(b): To account and pay for profits of competing for business
Section 19- Implied authority of partner as agent of the firm- the act of a partner done to carry on,
in the usual way, business of the kind carried on by the firm, binds the firm.

Section 22- adds that the act which was done by the partner to bind the firm must be done in the
name of the firm or in any other manner which implies an intention to bind the firm.

While the implied authority depends on the nature of the business of the firm, a partnership of a
general commercial nature may allow the partner to:

 Pledge or sell the partnership property

 Purchase goods on behalf of the partnership

 Borrow money, contract and pay debts on account of the partnership

 Draw, make, sign, endorse, transfer in the name and on account of the partnership.

Partner’s Authority in an Emergency (Section 21)

 Section 21, Indian Partnership Act, 1932- if emergency, every partner has the authority
to do all such acts that a person of ordinary prudence would do to protect the firm from a
loss. Such acts bind the firm.
(vi) Recitals: They are used to explain those matters of fact, that are necessary to make
the transaction clear. A recital is evidence as against the parties to the instrument and
those claiming under them and in an action on the instrument itself the recitals operate
as an estoppel though it would not be so on a collateral matter. [Recitals contain the
short story of the property up to its vesting into its transferors]

(vii) Testatum: After the recitals, the operative part of the deed commences with the
testatum [This is the “witnessing” clause which refers to the introductory recitals
agreement, if any, and also states the consideration. Witnesses clause usually begins
with the words “NOW THIS DEED WITNESSES].

(viii) Consideration: It is an inducement, price or motive that cause a party to enter

into an agreement or a contract. The consideration should be mentioned in the deed.
Section 27 of the Stamp Act provides that the consideration should be truly and fully
mentioned in the deed, omission of which is subject to fine up to Rs 5000. However, the
validity of the deed is not affected by not mentioning the consideration.

(ix) Receipt: The receipt of consideration is made within parenthesis in the deed. If part
consideration has been paid and the balance is being paid at the time of execution of
deed, the fact should be stated in the receipt clause.

(x) Operative words: After the testatum, operative words follow, which express the
nature of the transaction. Such words should be clear.

(xi) Parcels: After the operative words, description of the property being transferred is
given for easy identification of the property.

(xii) Schedule of the property: As the description of the property is generally lengthy, it
is given in a schedule appended to the deed and the words “and more particularly
described in the schedule hereunder written” is written in the parcel of the deed. In case
of any conflict between parcels incorporated in the deed and description of the subject-
matter in the schedule, the former shall prevail unless it is made clear in the deed that
description as given in the subject-matter will be preferred.

(xiii) Map: In the deed of transfer, the map of the property to be transferred is annexed,
to identify the property. If a map is annexed to the deed, it is treated as part of the
deed.

(xiv) All estate clause: This clause expresses that the transferor conveyed all his estate,
interest title, claim, rights and demands whatsoever into or in the said property or any
part thereof.

(xv) Exceptions and reservations: An exception is a part of the thing granted, which is
in existence, and a reservation is a thing not in existence but created or reserved out of
land granted. If the transferor wants to retain some part of the estate transferred, it
should be specifically mentioned after description of the property.
(xvi) Habendum: It limits the granted estate and it mentions the liabilities or incidents
subject to which the property is transferred. The clause is written into deeds and
mortgages to define transfer of the subject property.

(xvii) Reddendum [‘trick- to retain’]: It is a clause in a deed by which some new thing
is reserved out of what has been granted before. In this cause, the rent payable by the
lessee is specified, along with time and mode of payment.

(xviii) Covenants: Covenant is an agreement by which the parties or some of them

agree to do or not to do a specified thing or act. The covenant may be positive or
negative. For making the covenant in the deed, no particular form is necessary. The
words used to provide covenant must be clear. A covenant may even be absolute or
qualified, and may be made by several persons jointly and severally.

(xix) Delivery of title deeds: After the covenant clause, clause regarding delivery of title
deeds by the transferor to the transferee is incorporated. When the transferor transfers
the property, he is required to deliver all the title deeds in his possession to the
transferee. However, if a part of the property is transferred or where the property is
transferred to several persons, the transferor or the transferee of the lot or the greatest
value, as the case may be, is entitled to retain the title deeds.

(xx) Testimonium: It is the concluding part of the deed. It states that the parties have
signed the deed in witness of what is written therein.

(xxi) Execution: After testimonium, the deed is executed by the parties in presence of
witnesses. Execution does not mean merely signing it, it should accompany the
intention of the executant to give effect and operation to the document signed. Section
67 of the Evidence Act, 1872 provides that no particular proof is required for the
purpose of establishing the fact of execution.

(xxii) Registration: In case, the duly executed instrument is required to be registered

(Registration may be compulsory or optional; refer Sections 17 and 18 of the
Registration Act, 1908), the same should be so got done after payment of appropriate
stamp duty as per law, so as to make the same enforceable in law....