Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Ker) 861

P.SOMARAJAN
Thomas George S/o George Kallidukkil – Appellant
Versus
V. V. Georgekutty S/o Varkey – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sri. S. Sreekumar.
For the Respondent: Sri. P.C. Haridas.

Judgement Key Points

Question 1?

How to determine whether an unstamped document can be impounded under the Kerala Stamp Act, 1959 and the legal effect of Section 35 when such unstamped document is admitted in evidence without objection?

Question 2?

What is the proper role of expert testimony under Section 45 of the Evidence Act in relation to a signature comparison under Section 73, and how should such report be used or rejected by the court?

Question 3?

What are the appropriate consequences and remedies when an unstamped document is treated as a bond or admitted for collateral purposes, and how should the trial court replevy the matter on remand?

JUDGMENT :

P. SOMARAJAN, J.

1. Whether an unstamped document can be impounded under the provisions of the Kerala Stamp Act, 1959 and what would be the legal effect of Section 35 of the said Act, when it was admitted in evidence without any objection or rejecting any objection, are the questions came up for consideration in this appeal.

2. A suit for recovery of money was decreed by both the courts below, against which the defendant came up with this appeal. Ext.A5 is an unstamped document relied on by the plaintiff. It was accepted as a bond by the trial court and the first appellate court, after impounding the same and decreed the suit.

3. The High Court of Allahabad in Chotey vs. Girrj Kishore, AIR 1926 All 359 had taken the view that an unstamped document unless it is admissible under some other provisions of law, is mere waste paper for the purpose of judicial proceedings. But the High Court of Madras in Subramanian Chettiar vs. Revenue Divisional Officer, Devakottah, AIR 1956 Mad. 454 took a slightly different view by holding that an unstamped or defectively stamped document is not void and it is effective from the date of its execution though it is incapable of being made use of

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