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1 - 10 of 17 (1.37 seconds)Section 17 in Indian Stamp Act, 1899 [Entire Act]
Section 53A in The Transfer Of Property Act, 1882 [Entire Act]
Indian Stamp Act, 1899
Section 49 in Indian Stamp Act, 1899 [Entire Act]
The Indian Stamp Act, 1899
Avinash Kumar Chauhan vs Vijay Krishna Mishra on 17 December, 2008
(a) to Section 35 of the Stamp Act is only applicable when the original
instrument is actually before the court of law and the deficiency in stamp
with a penalty is paid by the party seeking to rely upon the document. A
party can only be allowed to rely on a document which is an instrument
for the purpose of Section 35. Instrument is defined in Section 2 (14 ) as
including every document by which any right or liability is, or purports
to be created, transferred, limited, extended, extinguished or recorded. In
the present case, the agreement to sell in question is on stamp paper of
`300/-, the stamp duty on agreement to sell immovable property as per
PARVEEN KUMAR
2016.03.02 17:53
I attest to the accuracy and
authenticity of this document
-10-
CR-5269-2015
clause (c) of Article 5 as applicable to Punjab is `2000/- so there is
deficiency of `1700/-only and as per Section 35 proviso (a), the same
would become admissible in evidence on payment of penalty equivalent
to 10 times of the deficient portion of the stamp duty. The deficiency
being of `1700/-, the penalty payable comes to `17,000/- and thus, this
penalty and the deficiency of `1,700/- i.e. `18,700/- would be payable by
the plaintiff for seeking admissibility of this agreement. The authority of
Avinash Kumar Chauhan Vs. Vijay krishna Mishra 2009(2) SCC 532
is not applicable to the facts of the present case.