Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | duly stamped Conveyance admissibility of document |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | STAMP ACT, 1899:s.35 r/w s.2(10), Schedule 1-A, Art. 23, as substituted bys. 6 of Act 22 of 1990 - Instrument not duly stamped,inadmissible in evidence - "Conveyance" - Agreement to sellcontaining recital that possession had been handed over topurchaser - Held: In the instant case, the agreement to sell 0with possession is an instrument which requires payment ofthe stamp duty applicable to a deed of conveyance -- Dutyas required, has not been paid and, therefore, trial court rightlyheld the same to be inadmissible in evidence.EVIDENCE:Agreement to sell - Containing the recital of delivery ofpossession - Held: At the time of considering the question ofadmissibility of document, it is the recital therein which shallgovern the issue -- It does not mean that the recital in the Fdocument shall be conclusive but for the purpose ofadmissibility it is the terms and conditions incorporated thereinwhich shall hold the field -- Deeds and Documents. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2013 INSC 685 |
Petitioner | Omprakash |
Respondent | Laxminarayan & Ors. |
SCR | [2013] 9 S.C.R. 923 |
Judgement Date | 2013-10-07 |
Case Number | 9032 |
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