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 ... stamped: Provided that (a) any such instrument [shall] [Substituted by Act 21 of 2006, Section 69, for "not being an instrument chargeable with a duty
evidence of an instrument in-sufficiently stamped. The prohibition under Section 35 of the Stamp Act will come into play irrespective of the fact whether ... 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
referred to the Maharashtra
Stamp Act, 1958 . Section 34 of the said Act,
essentially, is pari materia with Section 35 of the
Stamp Act ... Stamp Act is distinct and
different from Section 49 of the Registration
Act in regard to an unregistered document.
Section 35 of the Stamp Act
tendered should be duly stamped or should comply with the requirements of Section 35 of the Stamp Act, if not stamp ed, as a document ... purpose unless it is duly stamped or duty and penalty are paid under Section 35 of the Stamp Act.
8. In the case on hand
held inadmissible in evidence for want of proper stamp under Section 35 of the Stamp Act. Mathur, J., in so coming to the conclusion sought ... promissory notes were not duly stamped and they were held inadmissible in evidence under Section 35 of the Stamp Act. A decree was, however, passed
evidence because it is insufficiently stamped or not stamped at all the position is different under Section 35 , Stamp Act, no instrument chargeable with duty ... Stamp Act, but it was inadmissible under Section 10B , Court of Wards Act, 1879, which contains a provision similar g to that of Section 35
provisions of the Indian
Stamp Act, 1899 (' Stamp Act ' for short). Section 33 of the Stamp Act
relates to examination and impounding ... 35 of Stamp Act is
distinct and different from Section 49 of Registration Act in regard to an
unregistered document. Section 35 of Stamp Act
effect of Section 49 Registration Act, because the documents in question not being stamped the wider prohibition contained ins the Stamp Act applies ... case having been impounded and the stamp duty realised as already pointed out by me Section 35 , Stamp Act, enacts that no instrument chargeable with
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
Section 35 of the Stamp Act, though in the head note, the publishers have stated, Stamp Act Sections 35, 32, 36 Registration Act ... embargo contemplated under Section 35 of the tamp Act. This ruling also, supports Section 35 of the Stamp Act, that no document shall be admitted
