Negotiable Instruments Act, 1881, Section 4, 5, Stamp Act, 1899, Section 49(b), 35 -- Promissory notes - Six months period specified for repayment - It is promissory note payable otherwise than on demand - Such instrument if insufficiently stamped cannot be validated by payment of penalty and the same is inadmissible in evidence for any purpose...........
Stamp Act, 1889, Article 53(2)(b) -- Insufficiently stamped pronote and receipt - Pronote and receipt executed on 30.4.1993 and 20.4.1994 - 20 Paisa revenue stamp affixed thereon - Amendment dated 13.5.1994 in Article 53 (2)(b) - Rs.1/- stamp required to be affixed - Pronote and receipt executed prior to amendment - Cannot be held to be insufficiently stamped...........
Civil Procedure Code, 1908, Order 13, Rule 4, Stamp Act, 1899, Section 33, 38, 40 -- Document - Insufficiently stamped - Impounding of - Question of impounding of document by Court arises only when it is sought to be tendered for admission U.O.13.R.4 CPC...........
Stamp Act, 1899, Section 33(1), 38 -- Insufficiently stamped document - Curable defect - Stopping further proceedings - Not legal - Court in such case to follow procedure as contemplated under Ss.33 and 38 of Stamp Act - Court to proceed with trial by impounding he document and levying deficit stamp duty and penalty by itself or by sending the document to authorised..........
Pronote -- Insufficiently stamped - Inadmissible in evidence - Endorsement on back of such promissory note is to be treated as acknowledgment of liability...........
Stamp Act, 1899, Section 35 -- Document - Insufficiently stamped document - Stamp duty can be collected only at the time of its admission into evidence - Court cannot order payment of stamp duty and penalty before the stage of admission of the document in evidence...........
Stamp Act, 1899, Section 48 -- Document - Insufficiently stamped - Civil Court is not vested with the power to recover stamp duty and penalty - Such power is vested only in the Collector - If a party does not pay the stamp duty or penalty fixed by the trial Court it can only refuse to receive the document in evidence and send it to Collector, who only has the power to..........
Stamp Act, 1899, Section 40, 38 -- Insufficiently stamped document - Court referred the document to District Collector for impounding the same after collecting necessary stamp duty and penalty - District Collector refusing to determine quantity of penalty - Order is illegal - Consequently, action of Court in imposing penalty of 10 times compulsorily payable by party is..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Insufficiently stamped and unregistered partition deed admitted in evidence for collateral purpose by Court without deciding he objection raised by other side - It is a mistake on the part of Court which is apparent on the face of record - Application for review is maintainable...........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Insufficiently stamped and unregistered partition deed is inadmissible in evidence unless the stamp duty and penalty is paid...........
