admitting the document in evidence, it is optional to
the Magistrate under Section 33 to impound or examine the
document, if it is appeared ... impound the document. The same
was confirmed by the revisional Court since Section 33(2) proviso
(a) does not require impounding the document which
power to impound the disputed document, imposed duty and penalty and dismissed the IA without sending the document to the Revenue Divisional Officer. The said ... when the Court found that the document is chargeable to duty, it has the jurisdiction to impound the document and levy the duty and penalty
only to impound. In that case the facts are different. It appears a Division Bench of the High Court impounded the document of award ... document in evidence, the 1st respondent exercised his jurisdiction under S. 36 read with S. 38 of the Stamp Act and impounded the document
that such instrument is not duly stamped, impound the same. The procedure for impounding the document is specified under Section 35 of the Stamp ... that if the party consents for impounding the document, the Court itself can impound the document, otherwise it has to direct the party concerned
case the documents were produced. They were exchange deeds concerning immovable property. The court did not impound these documents and proceeded to judgment which ... documents. Under those circumstances the Nagpur High Court held that the court had no jurisdiction to reopen the case to impound the documents
document for impounding to the District Registrar under Section 38(2) of the Act and an order was passed for sending the document for impounding ... impound the said document. On an application filed by the plaintiff, the Court shall sent the document to the District Collector for impounding the instrument
along with the duty and penalty while impounding the document, the learned District Munsif refused to admit the document.
4. Sri Ramkrishna Raju the learned ... pleased to send the document to the R. D. O., the R. D. O. after impounding the document imposed duty and penalty and after
Order 13 deals with production, impounding and return of
documents. Rules 1 and 2 provide for production of documents and effect
of non-production. Rules ... with endorsements on documents
and Rules 3 and 6 to 9 contain provisions relating to return of documents,
impounding of documents and rejection of documents
competent to impound it."
In this case it is clear beyond doubt that the Court had the power to impound the document under ... Section 33 of the Indian Stamp Act and the Court rightly impounded the document.
16. The point-under consideration is as to whether the Court
Stamp
Act casts a statutory obligation on all the authorities to impound
such document in question.
9. Whereas, the Indian Registration ... document at that stage. In Y.Vijaya vs.
B.Bhagaiah also it was held that the impounding of the
document arises only during evidence