Once insufficient stamped admitted in evidence,it's admissibility can't be questioned subsequent stage - no insufficiently instrument shall be admitted in evidence, unless it is duly stamped - court can Impound - Once insufficient stamped document admitted in evidence,it can't be recalled -

Citation 

AIR 2024 SC 3339

AIR online 2024 SC 455

SUPREME COURT OF INDIA

Before:- Dipankar Datta and Pankaj Mithal, JJ.

Civil Appeal No. 1188 of 2015. D/d. 09.07.2024.

G.M. Shahul Hameed - Appellant

Versus

Jayanthi R. Hegde - Respondent

A. Indian Stamp Act, 1899, Section 35 - Karnataka Stamp Act, 1957, Section 35 Admission of an insufficiently stamped instrument in evidence - Any objection pertaining to the instrument's insufficient stamping must be raised prior to its admission Once an - instrument has been admitted in evidence, then its admissibility cannot be contested at any stage of the proceedings on the ground of it not being duly stamped - A fortiori, it would follow that any objection pertaining to the instrument's insufficient stamping must be raised prior to its admission. -

B. Indian Stamp Act, 1899, Sections 33 and 34 - Karnataka Stamp Act, 1957, Sections 33 and 34 - Instruments Not Duly Stamped - Statutory mandate is that no insufficiently instrument shall be admitted in evidence unless it is duly stamped - Presiding Officer is bound to impound the same under section 33 and not to admit an instrument not duly stamped.

C. Indian Stamp Act, 1899, Sections 33 and 34 - Karnataka Stamp Act, 1957, Sections 33 and 34 - Instruments Not Duly Stamped - Presiding officer of a court being authorised in law to receive an instrument in evidence, is bound to give effect to the mandate of sections 33 and 34 and retains the authority to impound an instrument even in the absence of any objection from any party to the proceedings.

D. Indian Stamp Act, 1899, Sections 33 and 34 - Karnataka Stamp Act, 1957, Sections 33 and 34 - Civil Procedure Code, 1908, Section 151 - Insufficiently stamped instrument - Whether upon admission of Insufficiently stamped instrument in evidence such a process can be recalled by the court in exercise of inherent powers for the ends of justice or to prevent abuse of the process of the court - Yes.

E. Indian Stamp Act, 1899, Sections 33and 34 - Karnataka Stamp Act, 1957,Sections 33 and 34 Admission of-insufficiently stamped instruments in evidence - Duty of the Courts - Courts ought to ensure that compliance with all substantive and requirements of a statute procedural.