reception of secondary evidence and
Section 36 of the Stamp Act, lifts the bar imposed under Section
35 only in a case where the original ... provisions of
Section 35 of the Stamp Act, 1899, the award which requires to be
stamped is not stamped or is inadequately stamped, is
28
inadmissible
L And T Infra Investment Partners ... vs Bhoruka Power Corporation Limited on 26 September, 2025
L And T Infra Investment Partners ... vs Bhoruka Power Investments India Pvt ... on 26 September
Agreements under Arbitration and Conciliation Act,
1996 and Stamp Act, 1889 (2024) 6 SCC 1, has held
that Section 35 of the Indian Stamp Act ... Section 35 of the Act is titled admission of
instrument where not to be questioned. Section 35
prohibits questioning the admission of an
insufficiently stamped
Karnataka
Stamp Act has held that, notwithstanding Section 35 of the said
Act, even if a document which is insufficiently stamped is
marked without there ... reference was made to Section 36 of the
Indian Stamp Act which is in pari materia to Section 35 of the
Karnataka Stamp Act
decisive. The question of
admissibility (with reference to Section 34 of Karnataka Stamp
Act, or Section 35 of Indian Stamp Act and Section ... statutory obligation under Section 33 of Karnataka Stamp Act.
11. A combined reading of Sections 33 , 34 , 35 , 37 and 41 of
the Karnataka Stamp
filed by the defendant under Section 151 of CPC
read with Sections 33 and 35 of Karnataka Stamp Act, 1957,
for impounding the Unstamped Memorandum ... under Section 33 of the Karnataka Stamp
Act. Section 34 of the Karnataka Stamp Act mandates
that an instrument, which is not duly stamped shall
stamp duty. Lest
there would be bar in acting upon such insufficiently
stamped instrument.
15. As noted above, even Section 34 of the Act ... also puts an embargo on `acting upon' the same. A
close reading of Section 35 of the Act, 1957 reveal
that only "admission
ground that the documents were
insufficiently stamped and he has placed reliance on Section 35
of the Act in support of his arguments. He submits ... having 'decided' whether the GPA was
sufficiently stamped, Section 35 of the 1957 Act cannot
be called in aid by the Respondent
There, provisions of Section 36 of the
1899 Act, which is pari materia Section 35 of the
1957 Act, came up for consideration. A Bench ... having "decided" whether the GPA was sufficiently
stamped, Section 35 of the 1957 Act cannot be
called in aid by the respondent
