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SAMEER JAIN
Rukma – Appellant
Versus
Phooma @ Choti – Respondent
ORDER
1. By way of present petition, the petitioner has challenged the impugned order dated 27.03.2017. The relevant portion of which is reproduced herein-below:
2. Services in the instant matter is complete.
3. Vide order dated 04.08.2017, interim protection was granted and further proceedings in the court below were directed to be stayed.
4. The principal plea raised by learned counsel for the petitioner is that as per the provisions of Section 35 of Indian Stamp Act, 1899 and pari materia provisions of Section 39 of Rajasthan Stamp Act, 1998, any document which is inadequately stamped is required to be impounded for realization of appropriate stamp duty by the Collector Stamps. In this regard, the petitioner had filed one application on 18.02.2017 but the learned court below has exceeded its jurisdiction and has given finding on the fact that even if the document in question is stamped, still it is not mandatory on the part of the trial court to admit the same in evidence. Learned counsel for the petitioner contends that the learned court below is duty bound to abide by the provisions of Section 35 of Indian Stamp Act, 1899 and pari materia provision of Section 39 of Rajasthan Stamp
Trial Court must adhere to statutory procedures under the Indian Stamp Act regarding document admissibility and impounding instruments for insufficient stamp duty.
The court upheld that technical defects in documents should not allow unfair advantages, particularly when the document’s existence is contested.
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.
An insufficiently stamped and unregistered document is inadmissible in evidence; thus, it must be impounded by the trial Court for assessment of stamp duty and penalties.
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....
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