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NUPUR BHATI
Ram Sukh – Appellant
Versus
Sohni – Respondent
ORDER :
(Nupur Bhati, J.)
This writ petition has been preferred by the petitioner claiming for following reliefs:-
b) The application (Annexure-6) filed by the petitioner may kindly be allowed.
c) Any other appropriate order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of this case may kindly be passed in favour of the petitioner."
2. Learned counsel for the petitioner further submits that a bare perusal of Section 39 of Rajasthan Stamps Act, 1998 shows that no document can be admitted in evidence for any purpose by any person having by law or consent of parties to receive evidence unless such instrument/document is duly stamped however, there is a proviso to the Section 39 where certain exemptions have been laid down. He also submits that if the exemptions so provided in the Section 39 have been complied with then the patta in question could have been admitted in evidence and that the exemp
Admissibility of unregistered documents affecting immovable property and the requirement for sufficient stamp duty under the Rajasthan Stamp Act, 1998.
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.
Insufficiently stamped documents are inadmissible in evidence for any purpose unless stamp duty is paid.
The main legal point established in the judgment is that the proviso to Section 49 of the Registration Act, 1908, allowing unregistered documents to be admitted as evidence, is limited to specific pe....
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 trial court must adhere to the provisions of the Indian Stamp Act and the Rajasthan Stamp Act regarding the impounding of inadequately stamped documents and cannot exceed its jurisdiction by addr....
The admissibility of a document in court is contingent upon its registration, regardless of the payment of stamp duty.
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