Stamp Act, 1899, Section 33, 38, 40, 42, 48, Registration Rules, Rule 107 -- Deficient stamp duty - Any document/instrument presented for registration must be scrutinized at the first instance regarding correctness of stamp duty paid - Once Registering Authority found insufficient stamp duty has been paid, he is duty bound to impound the document and send it in original to..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Cash transaction - Merely because a person is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction would not lead to conclusion that such amount was not paid through cash, especially when there was a categorical statement to this..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Specific stand of plaintiff that he has paid Rs.30,80,000 to defendant pursuant to promissory note - Onus would be on defendant to dispel such fact - Merely because plaintiff is not able to prove transfer through official modes i.e. through any negotiable instrument or bank transaction..........
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..........
Kerala Stamp Act, 1959, Section 3, 33, 34 -- Stamp duty - Sale certificate issued to auction purchaser by bank/financial institution/authority - Sale certificate is not an instrument at the time of its issuance and thus, will not attract levy of stamp duty under the Act...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Expression "any instrument, which used as weapon of offence, is likely to cause death" should be construed with reference to nature of instrument and not manner of its use...........
Indian Penal Code, 1860, Section 326, 323 -- Hurt and Grievous Hurt - Nature of offence - Trial court convicted accused u/s 326 IPC - However, prosecution failed to adduce any evidence to prove that MO1 stone either qualifies expression `an instrument of cutting' or expression `any instrument which, used as weapon of offence, is likely to cause death' found in S.326 -..........
Money suit on basis of agreement -- When suit is not upon a negotiable instrument but upon an agreement, mere proof of its execution does not entail in any presumption regarding consideration or truth of contents - Mere proof of execution of a document does not amount to proof of contents and truth of recitals therein...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Insufficiently stamped document - Original document has not been produced - Party cannot be permitted to lead secondary evidence in the absence of instrument in original to make up deficiency of stamp duty and to be dealt in accordance with S.35 of Stamp Act - Application rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that Sanad Takseem and mutation on basis of instrument of partition is illegal, null and void - Plaintiff was proceeded ex parte by Revenue Court in partition suit - If plaintiff is aggrieved by order passed by revenue authorities, then remedy available to him is to file appeal before superior Revenue Court -..........
