Back
K. MANMADHA RAO
Gouram Sakunthalamma – Appellant
Versus
Gouram Shyamalamma – Respondent
ORDER :
(K. Manmadha Rao, J.)
This Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dated 10.01.2020, in I.A.No.576 of 2019 in O.S.No.216 of 2008 on the file of the Court of Additional Senior Civil Judge, Anantapuramu, filed under order XIII, rule 3 read with Section 151 of C.P.C to reject Ex.A8 for non-payment of sufficient stamp duty and penalty which is inadmissible in evidence.
2. Heard Mr.Harish Kumar Rasineni, learned counsel for the petitioners and Mr.Lakshmikanth Reddy Desai, learned counsel for the respondents.
3. The defendants 7 to 9 in the trial court have filed the application to reject the Ex.A8 for non-payment of sufficient stamp duty and penalty, which is inadmissible in evidence. Further it is contended that the plaintiff filed the suit for declaration and for grant of permanent injunction. She filed Chief Affidavit as PW1 and marked document dated 10.01.1976 as Ex.A8 on the assumption that the office of the court collected stamp duty penalty properly and in fact the alleged collection of stamp duty and its assessment is not property because the document relates to permanent sale agreement for value Rs.1,500/- and poss
The admissibility of a document in court is contingent upon its registration, regardless of the payment of stamp duty.
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
The court clarified that an unstamped document marked as evidence must be impounded and assessed for stamp duty prior to its admissibility in court.
The main legal point established in the judgment is that the proviso to Section 49 of the Registration Act, 1908, allowing unregistered documents to be admitted as evidence, is limited to specific pe....
The admissibility of documents in civil proceedings must be determined judicially, particularly concerning compliance with stamp duty requirements under the Indian Stamp Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
