Supreme Court · 2023 INSC 1030 · Decided 29 November 2023

Vijay v. Union of India & ORS.

Court
Supreme Court of India
Citation
2023 INSC 1030 · [2023] 15 S.C.R. 293
Case number
CIVIL APPEAL No. 4910/2023
Decided
29 November 2023
Bench
ABHAY S. OKA, SANJAY KAROL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act Section 61, 63, 65(a), 65; Constitution; Stamp Act Section 35, 2(6)

Headnote

HEADNOTES Issue for consideration: Whether the bar of admissibility created by s.35, Stamp Act 1899 applies to the agreement(s) to sell dtd. 04.02.1988 executed by the parties; can a copy of a document be adduced as secondary evidence when the original instrument is not in possession of the party; facts of the present case, would the decision of this Court in Jupadi Kesava Rao v. Pulavarthi Venkata Subha Rao be binding as held by both the Courts below? Stamp Act, 1899 - s.35 - Applicability - Article 23 of Schedule 1A of the Stamp Act - "conveyance"

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