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(3) For the purposes of this section, in cases of doubt, the Government may determine.__

(a) what offices shall be deemed to be public offices; and

(b) who shall be deemed to be persons in-charge of public offices.

34. Instruments not duly stamped inadmissible in evidence, etc.- No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped:

section (2) of Section 37, the [Deputy Commissioner] shall, when he has dealt with it as provided by this section, return it to the Impounding Officer.

ANALYSIS OF STATUTORY PROVISIONS:

12. "Section 2 (j) defines what an "instrument"

means; it includes every document by which right or liability is or purports to be, created, transferred, limited, extended, extinguished or recorded". Sub-section (1) of Section 33 of the Act empowers such person or authority having by law an authority to receive in evidence to impound the same, if such instrument is not duly stamped, when it is produced or comes in the performance of his function. In order to ascertain as to whether an instrument is duly stamped or not, such person or authority can examine such instruments. The exceptions which are carved out under the proviso to sub-section (2) of Section 33 may not be relevant in so far as the facts on hand are concerned and as such they are not delved upon in these petitions.

If a party seeks for an document or instrument not duly stamped to be admitted in evidence, then, necessarily mandate of clause (a) has to be followed. Section 34 puts a complete embargo or bar against admissibility of such instrument which is not stamped or which instrument is not duly stamped and such document or instrument will not be admitted in evidence unless it is duly stamped.

Proviso (b) to (d) of Section 34 are not relevant insofar as the present cases on hand are concerned and as such these provisions are not delved upon in these petitions.

(6) 2013(4) Kar.L.J 247- DIGAMBAR WARTY AND OTHERS V/S DISTRICT REGISTRAR, BANGALORE URBAN DISTRICT, BANGALORE AND ANOTHER "34. Section 34 of the Act declares that 'Instruments not duly stamped are inadmissible in evidence, etc.' It reads as under:

34. Instruments not duly stamped inadmissible in evidence, etc. -No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: