received in court, the respondents paid the requisite stamp duty
under Section 35 of the Stamp Act and had it validated. Now the
contention ... received in court, the respondents paid the
requisite stamp duty under Section 35 of the Stamp Act and had it
validated. Now the contention
lease
agreement to be validated by impounding. Section 17 r/w section
35 of the Stamp Act states that only original instruments may be
validated ... which Section 35 prohibits.
( b) T. Bhaskar Rao Vs. T. Gabriel 1981 SCC Online AP4:
"5. Section 35 of the Stamp Act mandates that
lease
agreement to be validated by impounding. Section 17 r/w section
35 of the Stamp Act states that only original instruments may be
validated ... which Section 35 prohibits.
( b) T. Bhaskar Rao Vs. T. Gabriel 1981 SCC Online AP4:
"5. Section 35 of the Stamp Act mandates that
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
meet the requirements
under Section 35 of the Stamp Act. Thus, Section 36 of the Stamp
Act is also substantive in nature. Therefore, once ... determination of admissibility of document, within
purview of Section 35 and Section 36 of the Stamp Act is referred in
the above ruling of Supreme
meet the requirements
under Section 35 of the Stamp Act. Thus, Section 36 of the Stamp
Act is also substantive in nature. Therefore, once ... deternnination of admissibility of document, within
purview of Section 35 and Section 36 of the Stamp Act is referred in
the above ruling of Supreme
provisions
of the Stamp Act . 1899 ('the Stamp Act , for short). Section 33 of the Stamp
Act relates to examiation and impounding of instruments ... 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
provisions of the Stamp Act , Section 35
and Section 36 as also Section 17 and Section 49 of the Registration
Act and the various judgements ... received in evidence even if it is duly stamped under Section 35 of the
Indian Stamp Act.
32. Therefore, the Civil Revision Petition stands allowed
provisions of the Stamp Act , Section 35
and Section 36 as also Section 17 and Section 49 of the Registration
Act and the various judgements ... received in evidence even if it is duly stamped under Section 35 of the
Indian Stamp Act.
32. Therefore, the Civil Revision Petition stands dismissed
L And T Infra Investment Partners ... vs Bhoruka Power Investments India Pvt ... on 26 September
