Supreme Court · 2013 INSC 685 · Decided 7 October 2013
Omprakash v. Laxminarayan & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 685 · [2013] 9 S.C.R. 923
- Case number
- CIVIL APPEAL No. 9032/2013
- Decided
- 7 October 2013
- Bench
- C.K. PRASAD, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Stamp Act Section 35, 2(10)
Headnote
STAMP ACT, 1899: s.35 rlw s.2(10), Schedule 1-A, Art. 23, as substituted by A B c s. 6 of Act 22 of 1990 - Instrument not duly stamped, inadmissible in evidence - "Conveyance" - Agreement to sell containing recital that possession had been handed over to purchaser - Held: In the instant is an instrument which requires payment of the stamp duty applicable to a deed of conveyance -- Duty as required, has not been paid and, therefore, trial court rightly held the same to be inadmissible in evidence. EVIDENCE: E Agreement to sell - Containing the recital of delivery of possession
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