Section 35 in The Indian Stamp Act, 1899
35. Instruments not duly stamped inadmissible in evidence, etc.
- No instrument chargeable with duty shall be admitted ... same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty
Section 35 , 36-Evidence-Reception of
secondary evidence of document insufficiently stamped-
"Instrument" in ss. 35 and 36 , if includes copy of document ... documents in evidence which
require to be stamped under the provisions of the Indian
Stamp Act . The Stamp Act which is now in force
respect of plaints. If it finds that, the plaint is insufficiently stamped, then it will follow the same procedure as a trial Court would have ... making good the deficiency in court-fee on documents which were insufficiently stamped when presented. Indeed, upon a strict construction of the rule contained
Arbitration Agreement is contained in a document that is
unstamped or insufficiently stamped, needs to be referred to
a Larger Bench for determination ... Superintendent of Stamps/Collector of Stamps, Mumbai, for
adjudication of the stamp duty. Upon adjudication the
Collector of Stamps by an order dated 15 March
appeal against the said decree. The memorandum of appeal was insufficiently stamped, a court-fee of Rs. 10 only was paid, although a much larger ... Code,, when a memorandum of appeal--whether stamped, unstamped, or insufficiently stamped--drawn up in the manner prescribed, duly signed and accompanied by a copy
below has refused to admit on the ground that it was insufficiently stamped. The learned advocate for the plaintiff contends before us that although ... purported to be a promissory note was insufficiently stamped, the earlier portion of it which contained an acknowledgment of liability should be treated as such
Jaipur Stamp Act. The stamp duty payable was Rs. 5 for every 500/- or part thereof. Thus, the document in question was insufficiently stamped ... document which is required to be executed on a stamp, if not stamped or is insufficiently stamped cannot be proved by secondary evidence
claimed is properly valued but the plaint is written upon paper insufficiently stamped, and he plaintiff, on being required by the Court to supply ... relief claimed is properly valued but plaint is written upon paper insufficiently stamped and the plaintiff, on being required by the Court to supply
that once an insufficiently
stamped document is marked, without collecting the stamp duty as per Section 35
of the Indian Stamp Act, then Section ... unstamped or
insufficiently stamped one, after collecting necessary stamp duty and penalty as
per Section 35 of the Indian Stamp Act, it could be pressed
stamped in accordance with the provisions of the Stamp Act is sufficiently stamped. If any such instrument is insufficiently stamped then the Court ... stamped in accordance, with the provisions of the Stamp Act is not so stamped then the Section 35 will be attracted and an insufficiently stamped
