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1 - 10 of 13 (0.34 seconds)Section 17 in The Registration Act, 1908 [Entire Act]
Section 38 in The Indian Stamp Act, 1899 [Entire Act]
Section 49 in The Indian Stamp Act, 1899 [Entire Act]
Avinash Kumar Chauhan vs Vijay Krishna Mishra on 17 December, 2008
In this regard, a reference may be made to the judgment of the
Supreme Court in Avinash Kumar vs. Vijay Krishna Mishra reported in (2009) 2
SCC 532. Referring to the concerned provisions of the Indian Stamp Act, their
Lordships of the Supreme Court held in categorical terms that though a
document which is inadmissible for non-registration under Section 49 of the
Registration Act, when it is sought to be used for the purposes mentioned in
the proviso to the said section, the proviso will not include the
applicability of Sections 33 and 35 of the Indian Stamp Act, 1899. Their
Lordships of the Supreme Court were of the view that the bar under Section 49
is on a different footing which will not overlap or nullify the provisions of
the Indian Stamp Act regarding impounding of documents.