Stamp Act, 1899, Section 33, 34, 35, 36 -- Deficient stamp duty - When a document is insufficiently stamped, Court exercising its power u/s 33 of the Act, has to pass an order at first instance for impounding document - Though there is discretion vested in Court to exercise powers u/ss 33, 34 of the Act, no Court can hold that it would wait till document is tendered in..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - Cannot be received in evidence for any purpose (main or collateral) - If an insufficiently stamped document comes before a Court, a duty is cast upon Court to impound the document by following procedure under Stamp Act and ensure that requisite stamp duty is paid - Only after requisite stamp duty is paid,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Court Fees Act, 1870, Section 6(2), 6(3)(As -- Amendment of plaint - Amendment sought to abandon part of claim and thereby reducing valuation of suit, after determining that the plaint is insufficiently stamped - Application is maintainable - Right to abandon a part of claim inheres..........
Stamp Act, 1899, Section 36 -- Insufficiently stamped document - Admitted in evidence - Objection raised thereafter - Court can de-exhibit the document if document is inadmissible - There is nothing in the Code prohibiting Court from recalling an order of admitting the document...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objections to admissibility of document in evidence may be classified into three categories are : (i) An objection with regard to there being insufficiently stamped documents i.e. there is deficiency in stamp duty of documents; (ii) would be where admissibility of document is not..........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d) -- Dishonour of cheque - Unstamped document - Impounding - Complainant claiming repayment of debt on basis of unregistered and unstamped Memorandum of Understanding - According to Stamp Act, 1899, Courts can receive u, stamped or insufficiently stamped documents in evidence without insisting..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - When presented in evidence, Court has an option either to impound it and send for its stamping to Collector of stamps or call upon the tenderors of document to pay stamp duty and penalty - However, such an exercise cannot be taken with regard to documents which are compulsorily registrable u/s 17 of the Act...........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document when presented in evidence, Court has an option either to impound it and send for its stamping to Collector of stamps or call upon the tenderors of document to pay stamp duty and penalty - However, such an exercise cannot be taken with regard to documents which are compulsorily registrable u/s 17 of the Act...........
Agreement to sell -- Specific performance - Unregistered and insufficiently stamped - Document impounded and penalty paid - Plaintiff allowed to produce and exhibit the document...........
Stamp Act, 1899, Section 36 -- Insufficiently stamped document - Admissibility of said document, cannot be called into question, once such document is admitted in evidence...........
