Stamp Act provides that instruments not
duly stamped is inadmissible in evidence and cannot be acted
upon. The same is reproduced hereunder:-
Section 35 ... raised with respect to the payment of stamp duty under
13
Section 35 of the Indian Stamp Act. Hence, the preposition
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 ... document is found to
be not duly stamped, Section
35 of Stamp Act bars the said
document being acted upon.
Consequently, even the
arbitration clause
tendered should be duly stamped or
should comply with the requirements of Section 35 of the
Stamp Act, if not stamped, as a document cannot ... purpose unless it is
duly stamped or duty and penalty are paid under Section
35 of the Stamp Act.”
76.In Sathish Chand Makhan
rupee stamp paper and it cannot
be admitted in evidence unless Stamp duty and penalty is paid under Section 35
of the Stamp Act ... invoking Section 5A of ROR Act, and it became admissible in
evidence and the legal embargo under Section 35 of Indian Stamp Act, and
under
tendered should be duly stamped or
should comply with the requirements of Section 35 of the
Stamp Act, if not stamped, as a document cannot ... purpose unless it is
duly stamped or duty and penalty are paid under Section
35 of the Stamp Act.”
76.In Sathish Chand Makhan
ground that the same is not stamped as per Section 35 of the Indian Stamp Act and hit by the provisions of Section ... recapitulate Section 35 of the Stamp Act and Section 17 of the Registration Act.
(i) Section 35 of the Indian Stamp Act:-
35. Instruments
Stamp Act and in support of the said
contentions, he relied upon the Article 49 of the Indian
Stamp Act as well as Sec.35 ... been held as follows:
Stamp Act (Central Act 2 of 1899), S.35- Promissory
note insufficiently stamped -Admission-Mysore Stamp
Act
Section 35 of the Stamp Act operates as a bar
to an unstamped instrument being admitted in evidence or
being acted upon; Section 40 provides ... deed was not duly stamped and therefore invalid,
unenforceable and not binding, having regard to Section 35 of the
Stamp Act, 1899. In these facts
tendered
should be duly stamped or should comply with the requirements of
section 35 of the Stamp Act, if not stamped, as a document cannot ... purpose unless it is duly
stamped or duty and penalty are paid under section 35 of the
Stamp Act.
The trial Court, in the case
property has not been duly stamped and in view of the provisions of
Section 35 of the Stamp Act, the learned arbitrator could not have ... that the agreement being not duly stamped is liable to be impounded under Section
35 of the Stamp Act. He contended that the admission
