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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
HIRDESH
Dinesh Kushwah – Appellant
Versus
G.C. Dairy India Limited Through Director Rajendra Singh S/o Shri Jwala Singh – Respondent
| Table of Content |
|---|
| 1. filing for specific performance in a civil suit. (Para 2 , 3 , 4) |
| 2. defendant argues trial court's decision was justified. (Para 5) |
| 3. court found error in trial court's procedure. (Para 6 , 7 , 17) |
| 4. impoundment process and stamp duty provisions. (Para 9 , 10 , 12 , 13 , 14 , 15) |
| 5. court set aside the trial court's orders. (Para 18 , 19 , 20) |
ORDER :
HIRDESH, J.
This petition and M.P. 3776/2024 are being decided together, as both are interrelated to each other.
2. Both the petitions were filed by petitioners/plaintiffs under Article 227 of the Constitution of India against the impugned orders dated 22/05/2024 and 05/07/2024 passed by the 15 District Judge, Gwalior in civil suit No 400001A/2015 (RCSA).
3. Brief facts of the case is that petitioners/plaintiffs filed a civil suit for specific performance of agreement to sale dated 30/05/2014 against respondents/defendants with pleading that on 30/05/2014, respondent No.1 entered into agreement to sale with petitioners for sale of his land which is in question for consideration of Rs. 3,15,000/- per Bigha, as the land in question is agricultural land, therefore, respondent No.2/State Government was arrayed proforma defen
Trial Court must adhere to statutory procedures under the Indian Stamp Act regarding document admissibility and impounding instruments for insufficient stamp duty.
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....
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....
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.
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