...writ petition is in respect of “impounding an insufficiently stamped document”. According to the defendant, in view of Section 33 of the Karnataka Stamp Act, 1957, the moment...an insufficiently stamped document is produced before the Court, Court has to impound the same. It was contended by the plaintiff that, the question of impounding of an insufficiently stamped ...considering the provisions of Section 33 has clearly held that, a power is vested in the Court to impound the document if it is insufficiently stamped the moment it is produced before the Court. Under Section 34 of the Act,...

..., for brevity). It is contended that the Court could impose penalty only when an insufficiently stamped document is impounded by the Court for being insufficiently stamped. As the requisite stamp ...subsequently this is not in accordance with the Section. It is also contended that Section 31 provides a procedure for determination of the proper stamp duty payable on an insufficiently stamped document, which...attracted the stamp duty prescribed under the Schedule to the Act. However, the document was insufficiently stamped. The petitioner had paid thedeficit stamp duty of Rs. 19,550/- as on 14-3-2008, just...

..., Jai Singh Gir v. Sita Ram Singh. Chapter in, rule 10, of our rules also contemplates a case where an insufficiently stamped document has been filed or used i.... But the filling of an insufficiently stamped appeal, knowing it to be defective, should not be permitted.No doubt the Bombay High Court has held that an appellate court is bound to...accept an insufficiently stamped memorandum of appeal and to grant time to make it good: Achut Ramchandra Pai v. Nagappa Bab Balgya. But...

...which was insufficiently stamped was suppressed by the defendants in the suit for specific performance, secondary evidence of the contents of the document could be led in terms of Section 65(a) of the.... According to counsel the Stamp Act did not create a bar with respect to the reception of secondary evidence to prove a document which was unstamped or insufficiently stamped in any case where the party seeking to rely upo...document which was insufficiently stamped should be subject to the same but no further infirmity and once such oral evidence was recorded without objection of the party against whom it was tendered, particularly where such ...

...same to the Court. The civil Court has rejected the petitioners' application opining that once an insufficiently stamped document is produced in judicial proceedings, the concerned Court will have to...impound the document and the same cannot be returned. 4. The civil Court's reasoning must be examined in the light of the settled law that once an insufficiently stamped document is...presented for registration, the Courts must impound such document and have recourse to the procedure contemplated under Sections 34 and 37[2] of the Karnataka Stamp Act, 1957. A useful reference in...

...transaction in question.2. It appears that on the basis of an insufficiently stamped document which contains the arbitration clause, the learned trial Judge has passed an ad interim order.... During the pendency of the appeal by an order dated 5 February, 2019, the following order was passed:—“It is submitted on behalf of the respondent that the insufficiently stamped document which.... The learned trial Judge did not ask the respondent to put in the deficit stamp-duty and without impounding the said document, an ex parte ad interim order of injunction was passed.3...

...an agreement to sell, on the ground that the document was unregistered and insufficiently stamped. The objection has been upheld by the trial court by its order dated 31-10-2000 holding that the document was...registration of agreements to sell, in the State of Rajasthan, came into force in the year 1989. The other plea raised is that an insufficiently stamped document can very well be impounded under the...writing on a stamp of Rs 5. During the course of the examination-in-chief of the defendant (present appellant), the plaintiff objected to “exhibit” the document dated 17-8-1985/19-8-1985, purported to be...

...unstamped or insufficiently stamped document can be made the basis for claiming interim or ad-interim reliefs in an application under Section 9 of the Act. This issue has been referred by a learned Single...under Section 9 of the said Act when a document containing arbitration clause is unstamped or insufficiently stamped?”2. Since this very issue has been involved in the present group...

...to establish their possession over the suit land and other rights which may be available to them as per law. It is also trite law that in case of insufficiently stamped document, the court is obliged...insufficiently stamped document cannot be admitted in evidence for any purpose whatsoever. The document in question is undisputedly insufficiently stamped as well as unregistered which cannot be a.... 10. Further, the Hon'ble Supreme Court in the case of Avinash Kumar Chauhan (Supra) has held that an unstamped or insufficiently stamped document cannot be admitted in evidence for any purpos...

...its order dated 9-8-2005 ordered that the document be impounded, it being insufficiently stamped; the document was sent to the Collector of Stamps for affixing appropriate stamp duty and thereafter for...to be, ‘a certified copy’, and that under Section 35 of the Stamp Act there can be validation only of the original, when it is unstamped or insufficiently stamped, that the document in court which is a...(Section 35) which allow a document to be admitted in evidence on payment of penalty, have no application when the original document, which was unstamped or was insufficiently stamped, has not been...

..., “a certified copy”, and that under Section 35 of the Stamp Act there can be validation only of the original, when it is unstamped or insufficiently stamped, that the document in court which is a copy...admitted in evidence on payment of penalty, have no application when the original document, which was unstamped or was insufficiently stamped, has not been produced; and, accordingly, secondary...stamp law penalty is leviable only on an unstamped or insufficiently stamped document actually produced in Court and that law does not provide for the levy of any penalty on lost documents...

...-vis the Civil Court. This apparently appears hostile discrimination. In other words, when a party who approaches the Civil Court with insufficiently stamped document the Court could alternatively levy...Commissioner is also within the meaning of “every person incharge of public office”, when the insufficiently stamped document comes to the notice, they have power of impounding the document.5...such duty or portion;6. The effect of the above provision discloses that the Court shall not admit in evidence an insufficiently stamped document. However, under proviso (a) can...

...on the ground that the agreement sought to be specifically enforced is an unstamped or insufficiently stamped document. The opposite parties are represented upon notice.... The law requires a court not to receive in evidence a document which is required to be stamped but is unstamped or is insufficiently stamped. Therefore, it is only at the time of receiving the ...which is required to be stamped but is unstamped or insufficiently stamped. Accordingly, CO 830 of 2017 is allowed by requesting the Civil Judge (Senior Division), 5th Court at...

...Registration Act and Section 34 of the Karnataka Stamp Act requesting the court to reject Ex.D1 on the ground that it is unregistered and insufficiently stamped. The learned Judge has declined to entertain the prayer sought in the a...vehemently argue and contend that if unregistered Xerox copy and - 3 - insufficiently stamped document is...while cross-examining the plaintiff. The contents of the document were admitted by the plaintiff and therefore, it was marked as Ex.D1. The law relating to marking of insufficiently stamped document or...

...33 of the Kerala Stamp Act for the reason that the same is insufficiently stamped. The stand taken by the petitioners before the Rent Control Court, when the proposal to impound the document was...document is produced before the court and noticed by the court, the court is obliged to impound the document which is found to be insufficiently stamped.2. In view of the interest of the...obliged to impound an insufficiently stamped document produced before that court and noticed by the court when even the parties who produced the same does not intend to rely on the same. According to...

...the lower court, but the same was not admitted in evidence for want of requisite stamp. According to him u/s 33 of the indian stamp act, 1899, when an insufficiently stamped document is produced or...no document chargeable with duty shall be admitted in evidence unless it is duly stamped. Therefore there is clear embargo for the court to receive an insufficiently stamped document in evidence, but...at the same time section 33 authorises the court to impound an insufficiently stamped document. A combined reading of these two provisions makes it clear that a document which is insufficiently...

...the order from the Court.3. It is contended that an objection was raised by the respondent-plaintiff with respect to the admissibility of unregistered and insufficiently stamped document of...the insufficiently stamped document. That objection had come to an end the moment application made by the petitioner-defendant for impounding of the document under...Article 227 of the Constitution of India is directed against the order dated 10/8/2011, by which the petitioner-defendant was not allowed to exhibit the ...

...provided under section 139 of the negotiable instruments act. (8) Learned counsel appearing on behalf of the respondent - accused submits that ex. P - 8 bond is insufficiently stamped document and...in which case, it cannot be looked into for any other purpose. When the claim is based on insufficiently stamped document, the oral evidence is inadmissible and cannot be looked into. A.... P - 8 is insufficiently stamped document. When the transaction is based under insufficiently stamped document, any amount of oral evidence cannot be permitted to adduce to prove the contents the...

...the plaintiff to pay duty and penalty on the ground that Ex.P1 is an insufficiently stamped document. The application is filed on the ground that the plaintiff was put in possession of the property...performance of the agreement of sale. Agreement is registered in the year 1992. If the possession is not delivered, plaintiff cannot be directed to pay the duty and penalty by impounding the document..., that too, when the defendant has allowed the plaintiff to mark the document as Ex.P1 in the year 2006. In the circumstances, this Court does not see any reasons to interfere with the order of the Trial Court. Accordingly, petition is dismi...

...which a document insufficiently stamped had been received or exhibited by mistake or inadvertence. But there was no provision for giving time for making good the deficiency when the deficiency was....), it was held that the Court could not grant time for making good the deficiency when a memo of appeal insufficiently stamped was presented in the High Court, because under ...Act, in order to avoid contradiction between the two sections. As a result of reading the two sections together in this light, the law may be stated thus : (l) Ordinarily a document insufficiently stamped is...