Supreme Court · 1971 INSC 37 · Decided 29 January 1971

Jupudi Kesava Rao v. Pulavarthi Venkata Subbarao and OTHERS.

Court
Supreme Court of India
Citation
1971 INSC 37 · [1971] 3 S.C.R. 590
Case number
CIVIL APPEAL No. 2535/1966
Decided
29 January 1971
Bench
G.K. MITTER, A.N. RAY (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 63; Stamp Act

Headnote

Stamp Acl• (2 of 1899)-Section 35, 36-Evldence-Reception of secondary evidence Of document insufficient:ly stamped-"Jnstrument" in ss. 35 and 36, if includes copy of document. On the question whether reception of secopdary evidence of a written agr~ement to grant a lease, first limb of Section 35 clearly shuts out from evidence any instrument chargeable with duty unless it is duly stamped. The second liml> of !hq seC'tion which relates to acting upon the instrument will obvi­ ousl r shut out any secondary evidence of such instrument, for, allowing such

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