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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
LALITHA KANNEGANTI
V. Srinivasa Raju, S/o. Late Varadaraju – Appellant
Versus
Banyan Projects India Pvt. Ltd. – Respondent
ORDER :
LALITHA KANNEGANTI, J.
Aggrieved by the order passed in I.A.No.V in O.S.No.4641/2016 dated 29.11.2018 passed by the LXIII Additional City Civil & Sessions Judge (CCH-64), Bengaluru City, the petitioner/defendant is before this Court.
2. The respondent/plaintiff had filed the suit against the petitioner/defendant seeking the relief of recovery of money. I.A.No.V is filed by the defendant under Section 151 of CPC read with Sections 33 and 35 of KARNATAKA STAMP ACT , 1957, for impounding the Unstamped Memorandum of Understanding produced by the plaintiff as Ex.P4. It is stated that during the course of marking of the documents, the trial Court without considering the objection raised by the defendant has marked the Unstamped Memorandum of Understanding as Ex.P.4. It is also stated that even though the Memorandum of Understanding is only for the purpose of understanding between the parties, the amount mentioned in the said document clearly goes to show that there is a contact between the parties with regard to offer and acceptance of the immovable property. It is stated that the part consideration of sum of Rs.50,00,000/- has already been paid to the owner of the property and th
The court clarified that an unstamped document marked as evidence must be impounded and assessed for stamp duty prior to its admissibility in court.
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 court established that trial courts must diligently assess the admissibility of documents, particularly regarding stamping and registration, and have the authority to impound insufficiently stamp....
The admissibility of documents in civil proceedings must be determined judicially, particularly concerning compliance with stamp duty requirements under the Indian 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....
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
Deficient stamp duty – Non-payment of stamp duty is a curable defect – Inadmissibility of insufficiently stamped instruments and impounding thereof, is a statutory mandate.
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