Stamp Act, 1899, Section 33, 35 -- Impounding of document - Photocopy of a document cannot be validated - Only original document can be validated - Even in cases where parties are allowed to lead secondary evidence even then photocopy of document cannot be validated - Impugned order vide which photocopy of document was ordered to be not impounded but deficient stamp duty..........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - Unstamped agreement to sell - Plaintiff was claiming relief relying upon agreement of sale and entire suit was based upon said document for recovery of money and damages, same cannot be considered as collateral purpose - Document in question directed to be impounded and only on payment of necessary stamp duty and..........
Stamp Act, 1899, Section 36 -- Deficient stamp duty - Impounding of document - Photostat copy of a document cannot be impounded, as only original document can be impounded...........
Stamp Act, 1899, Section 36 -- Deficient stamp duty - Impounding of document - Document tendered in evidence and exhibited - No objection raised by defendants at the time of exhibiting the document - S.36 of the Act debars Court from calling in question any instrument which has been admitted in evidence on account of deficiency in stamp duty - Application for impounding..........
Stamp Act, 1899, Section 33 -- Impounding of document - Recovery suit - Plaintiff had not filed suit for specific performance of contract rather he had filed suit for recovery of money that was given by him in part consideration of agreement to sell - Trial Court had committed an error in impounding the agreement to sell and sending it to Collector (Stamps) for..........
Karnataka Stamp Act, 1957, Section 33, 34 -- Impounding of document - Person who intends to rely on an insufficiently/improperly stamped instrument has option to submit to the scope of S.34 of the Act, pay duty and penalty - Party also has the option to directly move an application u/s 39 of the Act before the District Registrar and have the deficit stamp duty and the..........
Stamp Act, 1899, Section 36 -- Impounding of document - Deficient stamp duty - Court suo moto, has no jurisdiction to impound a document on the ground of deficiency of stamp duty after it has been admitted in evidence - Bar u/s 36 of the Act will be applicable to Court also...........
Stamp Act, 1899, Section 35 -- Stamp duty - Agreement to sell - Suit for specific performance - Document that is required to be registered and which contains a recital of delivery of possession, would also require to be stamped as per provisions of the Act - Order of trial Court in impounding agreement to sell and directing plaintiff to pay deficient stamp duty on..........
Stamp Act, 1899, Section 33 -- Impounding of un-stamped and un-registered document - Development agreement - Obligation of paying registration fees and stamp duty is on Unitech - Unitech's claim to compensatory payment cannot be defeated on sole ground of payment of stamp duty - Development agreement shall have to be impounded and be presented to Chief Controlling Revenue..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 33, 35 -- Unregistered and unstamped document - Determination of appropriate stamp duty - Does not meet the requirement of registration - Even if stamp duty is paid after impounding, document is still inadmissible if it requires registration but is unregistered...........
