Back
MAHENDAR KUMAR GOYAL
Dinesh Kumar Prajapat – Appellant
Versus
Vinod Pankaj – Respondent
ORDER
1. Although, the matter comes up on an application no.1/2021 filed by the respondents seeing vacation of ex parte interim order; but, on the request of learned counsels for the respective parties, the matter is heard finally at this stage.
2. This writ petition is directed against the order dated 25.03.2019 passed by learned Senior Civil Judge, Keshorai Pattan, District Bundi whereby, an application filed by the respondent no.1/defendant no.1 for not taking the subject document in evidence, has been allowed.
3. The relevant facts in brief are that the petitioner/plaintiff filed a suit for permanent injunction and damages against the respondents/defendants. During the course of trial, the plaintiff wanted to exhibit an agreement to sell which was objected by the respondent no.1. Sustaining the objection, the learned trial Court has observed that insufficiently stamped and unregistered document is inadmissible in evidence even for collateral purpose.
4. Assailing the order, learned counsel for the petitioner submits that unstamped/insufficiently stamped document as also unregistered document is admissible in evidence for collateral purpose and since, he wanted to exhibit the subjec
Insufficiently stamped documents are inadmissible in evidence for any purpose unless stamp duty is paid.
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
The court clarified that an unstamped document marked as evidence must be impounded and assessed for stamp duty prior to its admissibility in court.
The central legal point established in the judgment is the requirement to consider the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908 in determining the admissibility of agre....
Unregistered sale deeds are inadmissible as evidence in property transactions requiring registration; compliance with registration is necessary for evidential validity.
Proper stamping and registration are essential for the admissibility of unregistered documents affecting immovable property as evidence in a suit for specific performance. The court has a duty to dec....
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
