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ALKA SARIN
Preetjot Kaur – Appellant
Versus
Hardeep Singh – Respondent
| Table of Content |
|---|
| 1. challenge against order dismissing application for impounding document. (Para 1) |
| 2. reconstruction of lost documents under inherent powers. (Para 2) |
| 3. admission of evidence precludes later objections. (Para 3) |
| 4. court's observations on document examination rules. (Para 5 , 6) |
| 5. revision petition dismissed due to lack of merit. (Para 7) |
JUDGMENT :
Alka Sarin, J.
The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 01.09.2018 (Annexure P-5) passed by the learned Civil Judge (Junior Division), Ludhiana whereby the application filed by defendants No.1 and 2-petitioners for impounding the original agreement to sell dated 30.04.2008 as per Sections 33 and 35 of the Indian STAMP ACT , 1899 was dismissed.
2. Learned counsel for defendants No.1 and 2-petitioners would contend that no doubt that only a photocopy of the document was available on the file, however, relying upon the judgment of the Andhra Pradesh High Court in the case of Kasireddy Satyanarayana V/s State of Andhra Pradesh [2021 (5) ALT 581] it is contended that if the original document, which was filed in the Court and was deficiently stamped, i
Once a document is admitted as evidence, deficiencies in stamp duty cannot be questioned, and a photocopy cannot be impounded if the original is attached in another case.
Only original documents can be validated under the Indian Stamp Act; photocopies cannot be validated or impounded, irrespective of secondary evidence provisions.
Only original documents can be validated under the Indian Stamp Act; photocopies are inadmissible for legal purposes, reinforcing established principles regarding document admissibility.
Point of law : Even a copy of the original document whether certified or not and whether a fascimile image or otherwise of the original is chargeable with duty of an amount which is indicated in Sche....
A photocopy of a document is inadmissible as secondary evidence if the original document is not duly stamped, per the Indian Stamp Act.
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