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..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 33, 35 -- Memorandum of family settlement/family arrangement, does not require mandatory registration and payment of stamp duty...........
Stamp Act, 1899, Section 35 -- Unstamped instrument - If unstamped instrument is admitted even for collateral purpose, it would amount to receiving such document in evidence for a purpose which is prohibited u/s 35 of the Act - Bar against admissibility of instrument which is chargeable with stamp duty and is not stamped is of course absolute whatever be the nature of..........
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..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered document - If the document is required to be registered, an unregistered sale deed cannot be impounded with stamp duty and it cannot be received in evidence that unregistered sale deed cannot be relied upon for sale purpose...........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - Cannot be admitted in evidence in the absence of requisite stamp duty and penalty being paid and certified by Collector...........
Stamp Act, 1899, Section 35 -- Agreement to sell - Suit for specific performance - Insufficiently stamped agreement - As the document is foundational to the suit, failure to comply with statutory requirements renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence...........
Stamp Act, 1899, Section 35 -- Admissibility of document - Objection as to - Where document was found to be insufficiently stamped and was marked as exhibit with objection and that objection having not been removed or cured, no benefit of S.36 of the Act could be extended...........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Unstamped Instrument - Not admissible in evidence even for collateral purpose, until the same is impounded - Therefore, if a party wants to mark the document for collateral purpose, it is open for it to pay stamp duty together with penalty and get the document impounded and trial Court is at liberty to mark..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped documents - Documents styled as agreements executed for clarificatory purposes to set out the dimensions which were missed out in corresponding registered sale deeds - Documents cannot be treated as instruments or conveyance creating any additional rights in party - Such documents..........
