Supreme Court · 2024 INSC 704 · Decided 28 August 2024
Bidyut Sarkar & ANR. v. Kanchilal Pal (Dead) Through LRS. & ANR.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 704 · [2024] 8 S.C.R. 984
- Case number
- CIVIL APPEAL No. 10509/2013
- Decided
- 28 August 2024
- Bench
- VIKRAM NATH, PRASANNA BHALACHANDRA VARALE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Stamp Act Section 35, 36, 40, 42
Headnote
Issue arose as regards admissibility of the insufficiently stamped agreement to sell. Stamp Act, 1899 - ss.35, 36, 40 and 42 - Instruments not duly stamped inadmissible in evidence, etc. - Suit for specific performance of contract based filed by the respondent no. 1 against the defendant no. 1-owner of the property - Trial court dismissed the suit on the finding that the agreement to sell not admissible in evidence being insufficiently stamped - Appeal thereagainst by the respondent no. 1 allowed by the High Court
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