Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIJAYKUMAR A. PATIL
Gayathri W/O Shivanna – Appellant
Versus
Jayamma W/O Late Ramaiah – Respondent
| Table of Content |
|---|
| 1. trial court's error in recalculating stamp duty. (Para 2) |
| 2. respondent's grounds for necessity of recalculation. (Para 3) |
| 3. court's consideration of arguments and evidence. (Para 4) |
| 4. details on previous court orders and their implications. (Para 6) |
| 5. court's analysis on conditions for sending documents. (Para 7) |
| 6. affirmation of trial court's decision. (Para 8) |
| 7. final ruling and dismissal of the petition. (Para 9) |
ORDER : VIJAYKUMAR A. PATIL, J.
This writ petition is filed seeking following reliefs :
"1) Quash the order dated 3.10.2018 passed by the learned XII Addl.City Civil & Sessions Judge, Bangalore, in O.S.No.8970/2011, as per Annexure-H, 2) Quash the order dated 31.10.2018 passed by
2nd Respondent District Registrar & Deputy Commissioner of Stamps. Rajaji Nagar Registration District, Banglore, vide order No.DRI 207/2018-19 dated 31.10.2018 as per Annexure-J,
3) Direct the trial court to impound the document-GPA and impose duty and penalty of Rs.2,18,000/- as per Annexure-E".
2. Sri.Gururaj Kulkarani, learned counsel for the petitioners-defendants submits that the trial Court has committed a grave error in allowing the application filed by the respondent No.1-p
The trial Court cannot delegate the calculation of stamp duty and penalty once it has been determined, as per the Karnataka Stamp Act 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....
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.
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.
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
