Admission of instrument where not to be questioned

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Avinash Kumar Chauhan vs Vijay Krishna Mishra

   Supreme Court of India 17 Dec 2008 Binding (SC) Reportable

   Court's Decision & Legal Precedent

   The phrase 'for any purpose whatsoever' in Section 35 of the Indian Stamp Act 1899 must be given its natural and full meaning, and applies with absolute force to bar admission of unstamped or insufficiently stamped instruments in evidence regardless of whether the purpose is primary (enforcement of contract) or collateral (proof of consideration payment or any other subsidiary fact). An instrument chargeable with stamp duty that has not been properly stamped cannot be admitted in evidence for any purpose unless the requirements of the provisos to Section 35 are satisfied by payment of proper duty and applicable penalties. The proviso to Section 49 of the Indian Registration Act 1908, which permits use of unregistered documents for collateral purposes, does not operate to override or diminish the absolute bar created by Section 35 of the Stamp Act. Where an agreement to sell is accompanied by transfer of possession before execution of formal conveyance, it becomes a conveyance by virtue of the legal fiction created in the Explanation to Article 23 of Schedule IA, and is therefore subject to stamp duty applicable to conveyances rather than agreements to sell.

   On this section: Once instrument admitted in evidence, its admissibility cannot be questioned on ground of improper stamping at subsequent stages of same suit

   Read the full order on eCourts India

2. Hariom Agrawal vs Prakash Chand Malviya

   Supreme Court of India 08 Oct 2007 Binding (SC)

   Court's Decision & Legal Precedent

   A photocopy of an original document which is improperly stamped or insufficiently stamped cannot be admitted in evidence, either as primary evidence or as secondary evidence under Section 63 of the Indian Evidence Act, 1872. The provisions of Sections 33, 35, 36, and 37 of the Indian Stamp Act, 1899 apply only to original instruments as defined in Section 2(14) and do not extend to copies thereof. The Collector's power under Section 48-B to recover stamp duty deficiency noticed from a copy of an instrument does not authorize the impounding of the copy for purposes of judicial admission of evidence. Therefore, when the original instrument is lost and only a photocopy is available, and the original was improperly or insufficiently stamped, the photocopy cannot be admitted as secondary evidence in any proceeding.

   On this section: Proviso to Section 35 - the Court clarified that this provision only applies when the original instrument is admitted without objection at the initial stage, and does not extend to secondary evidence

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.