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H. P. SANDESH
Samrudhi groups, Hubli – Appellant
Versus
Anand s/o. Holebasappa angadi – Respondent
ORDER :
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
1. Heard the learned counsel for the petitioner and also the learned counsel for the respondents.
2. This petition is filed by the petitioner invoking Articles 226 and 227 of the Constitution of India and praying this Court to issue writ of certiorari or direction or order quashing the order dated 10.01.2022 passed on I.A.No.5 in O.S.No.281/2017, by the Court of III Additional Senior Civil Judge and JMFC, Hubballi, marked at Annexure-H and grant such other and further reliefs as deemed just and appropriate in the circumstances of the case.
3. The factual matrix of the case of the petitioner is that;
3.1. The petitioner is a partnership Firm constituted to carry on business of construction, real estate, land development etc. Respondent No.1 is one of the partners. The petitioner firm entered into registered agreement of sale with one Sri.Siddappa S/o. Bharamappa Donkannavar to purchase immovable agricultural land on 17.02.2014 and the said agreement of sale is cancelled on 06.08.2014.
3.2. Respondent No.1 as a partner of the petitioner firm executed an acknowledgement/consent deed, affirming the fact that, since agriculture land cannot be
Documents must be duly stamped to be admissible in evidence; the court has the authority to impound insufficiently stamped documents under the Karnataka Stamp Act.
Under the Indian Stamp Act, once a document is found to be insufficiently stamped, the court is duty-bound to impound the document and send it to the Collector for proper assessment and payment of th....
A document admitted in evidence cannot be questioned for insufficiency of stamp duty, but courts have a mandatory duty to impound such documents regardless of any objections raised.
The trial court must provide clear findings regarding the relevant provisions of the Karnataka Stamp Act before impounding documents.
The court confirmed that a document evidencing possession transfers its status from an agreement to a conveyance, thus imposing requisite stamp duty as per statutory provisions.
The court established that insufficiently stamped documents cannot be admitted in evidence unless the required stamp duty and penalties are paid, emphasizing the distinct roles of courts and the Dist....
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
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