impounded under
Section 33 , it cannot also be acted upon under Section 35 .
O. Sections 33 and 35 of the Stamp Act; the Court ... Section 33(2) read with
proviso (a) to Section 35 , Section 38 and Section 42 of the Indian
Stamp Act, 1899, is it permissible
35 of Stamp Act provides that instruments not duly
stamped is inadmissible in evidence and cannot be acted upon. The
relevant portion of said Section ... 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
Stamps
under the Indian Stamp Act, 1899 to direct any
person to file an original document either under
Section 33 or under Section 35 ... means chargeable under the
Stamp Act only and not under any other Act. The
Stamp Act authorizes the levy of stamp duty only
document is found to be not duly stamped, Section 35 of
the Stamp Act bars the said document being acted upon.
Consequently, even the arbitration ... acted
upon. The court should then proceed to impound the document
under Section 33 of the Stamp Act and follow the procedure under
Sections 35
this Court in Delux
Dentellers (supra), as under:
―35. Section 35 of Stamp Act provides that
instruments not duly stamped is inadmissible
in evidence ... 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
under Section 2(14) of the Indian
Stamp Act and are required to be stamped in accordance with the
Schedule of the Stamp Act ; being ... stamped and would
not be admissible in evidence unless such instrument is duly stamped as
provided under Section 35 of the Indian Stamp Act
35 of Stamp Act provides that instruments
not duly stamped is inadmissible in evidence and cannot
be acted upon. The relevant portion of said Section ... 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
Section 49 of the Registration Act, and
being insufficiently stamped, was liable to be impounded under
Section 33 of the Indian Stamp Act ... Section 33
of the Indian Stamp Act such an insufficiently stamped instrument was
liable to be impounded and as per Section 35 thereof, it could
provisions of Section 17 & 49 of Registration Act, Section 53 A of
Transfer of Property Act and Section 35 read with Article ... receipt satisfied the provisions of Section 17 (1) A of the
Registration Act. Section 35 of the Indian Stamp Act gives a mandatory direction
unstamped document, though it required stamp of rupee one and, therefore, is inadmissible under Section 35 of the Stamp Act. He submitted that the document ... unstamped or insufficiently stamped instrument of the nature like the one under consideration as placed by Section 35 of the Stamp Act
