Back
RAJBIR SEHRAWAT
Viku-J-India Crafts Pvt. Ltd. – Appellant
Versus
Emm Aar Appliances – Respondent
| Table of Content |
|---|
| 1. overview of factual background regarding lease dispute. (Para 1 , 2) |
| 2. arguments presented by both parties on admissibility of documents. (Para 3 , 4) |
| 3. court analysis on document admissibility and related judgements. (Para 5 , 6 , 7 , 8 , 9) |
| 4. court's decision to partially set aside trial court's order. (Para 10) |
| 5. final order directing trial court to decide admissibility expeditiously. (Para 11 , 12) |
JUDGMENT
Rajbir Sehrawat, J. (Oral)
The petitioner has filed this civil revision under Article 227 of the Constitution of India praying for setting aside of order dated 01.05.2014 (Annexure P-3) passed by the Civil Judge (Senior Division), Gurgaon, whereby the application filed by the petitioner for impounding the Lease Deed for affixation of improper Stamp Fee and the application for de-exhibiting the Leas Deed (Annexure P-2), have been dismissed; along with certain other prayers.
2. The brief facts of this case are that the respondent-plaintiff filed a suit for recovery against the petitioner; for an amount of Rs. 52,46,413/-. That amount was stated to be rent of leased premises, created through lease dated 16.04.2007. During the evidence the plaintiff tendered the
The question of admissibility of an instrument under the Stamp Act must be decided forthwith when the document is tendered in evidence, and cannot be postponed or decided provisionally.
The admissibility of documents in civil proceedings must be determined judicially, particularly concerning compliance with stamp duty requirements under the Indian Stamp Act.
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.
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
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
