instrument is duly stamped.
Significantly, neither Section 37 of the Rajasthan Stamp Act
( Section 33 of the Stamp Act, 1899), nor Section ... provision of Section 38 of the
Karnataka Stamp Act (which is analogous to Section 43 of the
Rajasthan Stamp Act), the Supreme Court held that
Section 20 , The Indian Contract Act, 1872.
32
Section 24 , The Indian Contract Act, 1872.
33
Section 25 , The Indian Contract Act, 1872.
34
Sections ... Act, 1872.
35
Section 30 , The Indian Contract Act, 1872.
36
Section 29 , The Indian Contract Act, 1872.
37
Section 28 , The Indian Contract Act
Stamp Act is to collect proper stamp duty on
an instrument or conveyance on which such stamp duty is payable.
Section 35 is a provision ... such section 36 of the Stamp Act
will not come to the rescue of the plaintiff.
23. Section 40 of the Stamp Act gives power
document was sufficiently stamped or
not, the bar under section 35 would not operate. Section 35
of the Karnataka Stamp Act 1957 is pari materia ... Section 35 of the Maharashtra Stamp
Act 1958 as both sections are pari materia to Section 36 of
Indian Stamp Act, 1899. Therefore, in my opinion
provisions of the
Rajasthan Stamp Act, 1998 . Section 39 of the
Rajasthan Stamp Act is corresponding to Section
35 of the Indian Stamp Act ... Section 37 of the Rajasthan Stamp Act
( Section 33 of the Stamp Act, 1899), nor Section
39 of the Rajasthan Stamp Act ( Section 35
Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act. Such agreements are not rendered ... under Section 35 of Stamp Act. The bar against admissibility of instrument which is chargeable with stamp duty and is not stamped is of course
Section 2(g)
2 ( ) of the Contract Act ]."
The above observation conflates the distinction between
enforceability and admissibility.
54. Section 35 of the Stamp ... void. Non-
Non-stamping
stamping or improper stamping
does not result in the instrument becoming invalid. The Stam
Stamp
p Act
does not render such
Section 36 must
have the same meaning as that in Section 35 . The
legislature only relented from the strict provisions of
Section 35 in cases ... stamp duty can be cured by getting the document impounded in the light
of Sections 33 & 35 of the Stamp Act. Unless the defect
document in question for want of
proper stamp duty is concerned, Section 35 of the Indian Stamp
Act, as it was applicable at the time ... partition, it attracts Section 17 of the Registration Act and is
inadmissible if unregistered. Further, Section 35 of the Stamp Act
creates an absolute
Act, 1899
20. In view of Sections 33 and 35 of the Act, 1899, an instrument
which is insufficiently stamped is inadmissible in evidence ... under Section 33 of the Stamp Act if it
is unstamped or insufficiently stamped. In such
circumstances, such certified copy shall not be acted
upon
