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2024 7 Supreme 423 : An unregistered document cannot be received in evidence without paying the deficient stamp duty and any applicable penalty. According to Sections 35, 36, 40, and 42 of the Stamp Act, 1899, an instrument that is not duly stamped or is insufficiently stamped can only be admitted into evidence after the deficiency in stamp duty and any penalty have been duly paid and cleared. The mere willingness to pay such duty and penalty is insufficient; there must be concrete efforts to initiate proceedings before the competent authority or Collector to determine and clear the deficiency. Failure to do so renders the document inadmissible and invalid in evidence.Checking relevance for IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 VS . ...
2024 1 Supreme 366 : An unregistered document can be received in evidence even without paying stamp duty and penalty, provided it is duly stamped later. Section 35 of the Indian Stamp Act, 1899 renders an unstamped or inadequately stamped instrument inadmissible in evidence, but not void. The non-payment or inadequate payment of stamp duty is a curable defect. The document becomes admissible in evidence upon payment of the requisite duty and penalty under Sections 35 or 37 of the Stamp Act. This principle applies regardless of whether the document is registered or not. The distinction between ''''inadmissibility'''' and ''''invalidity'''' is crucial: the document remains valid, but its admissibility depends on compliance with stamping requirements. Once the duty and penalty are paid, the document can be admitted in evidence, authenticated, or acted upon by public officers.Checking relevance for Naina Thakkar VS Annapurna Builders...
2012 0 Supreme(SC) 2549 : An unregistered document cannot be received in evidence without paying stamp duty and penalty. Under Section 35 of the Indian Stamp Act, 1899, a document that is not duly stamped cannot be acted upon, and the court must impound it. The document can only be admitted into evidence after the deficit stamp duty and penalty are paid either before the court or the Collector, as per Sections 35 and 38 of the Indian Stamp Act, 1899. The mere willingness of a party to pay the deficit duty and penalty is not sufficient; the defect must be cured through the prescribed legal procedure. Therefore, an unregistered document cannot be received in evidence without fulfilling the stamp duty and penalty requirements.Checking relevance for Shyamal Kumar Roy VS Sushil Kumar Agarwal...
2006 8 Supreme 845 : An unregistered document can be received in evidence even without payment of stamp duty and penalty, provided no objection was raised at the time of admission. Once a document is admitted in evidence, a party cannot later object to its admissibility on grounds of insufficient stamp duty, as per Section 36 of the Indian Stamp Act, 1899, which prohibits courts from reopening the issue of sufficiency of stamp duty after a document has been admitted in evidence. The court emphasized that if no objection was made regarding the document''''s admissibility due to inadequate stamping, the party cannot subsequently claim the document is inadmissible.Checking relevance for DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY MUDALIAR CHATTRAM VS BHASKAR RAJU & BROTHERS...
2020 3 Supreme 1 : An unregistered document cannot be received in evidence without paying stamp duty and penalty if it is chargeable with duty. According to Section 35 of the Stamp Act, 1899 (analogous to Sections 33 and 34 of the Karnataka Stamp Act, 1957), no instrument chargeable with duty shall be admitted in evidence or acted upon unless it is duly stamped. However, such an instrument may be admitted in evidence upon payment of the deficient duty and a penalty of five rupees, or ten times the deficient duty if that amount exceeds five rupees. Therefore, an unregistered document can only be received in evidence after payment of the required stamp duty and penalty.
