#Stamp Act

The Delhi HC held that an arbitral award lacking proper stamp duty must be impounded under Section 33 of the Indian Stamp Act, 1899, but granted the decree holder liberty to withdraw the enforcement petition and re-file after paying the deficient stamp duty and any penalty. This clarifies that stamp deficiency is a curable defect, affecting parties seeking to enforce arbitral awards in Delhi.

The Supreme Court has ruled that corporate guarantees qualify as financial debt under Section 5(8) of the IBC irrespective of non-disclosure in financial statements or stamping irregularities, affirming that procedural defects cannot override substantive creditor rights. This strengthens the position of financial creditors in CIRP and curbs reliance on technicalities to defeat claims.

The Bombay High Court has ruled that stamp duty cannot be levied on amalgamation orders where no shares are issued and no consideration is paid, even if book entries reflect goodwill or share premium. This clarifies that accounting adjustments alone do not trigger stamp liability under Article 25(da), offering critical relief to corporate restructuring transactions across India.

Telangana High Court holds that registration authorities cannot refuse to accept sale deeds based on outdated Waqf notifications if revenue records confirm clear title under the Registration Act, 1908.

Madhya Pradesh High Court clarifies that remand under Order 41 Rule 23A CPC requires evidence insufficiency or procedural lapse, not mere improper appreciation of evidence.