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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