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AVINASH KUMAR CHAUHAN vs. VIJAY KRISHNA MISHRA

SCR Citation: [2008] 17 S.C.R. 944
Year/Volume: 2008/ Volume 17
Date of Judgment: 17 December 2008
Petitioner: AVINASH KUMAR CHAUHAN
Disposal Nature: Appeal Dismissed
Neutral Citation: 2008 INSC 1465
Judgment Delivered by: Hon'ble Mr. Justice S.B. Sinha
Respondent: VIJAY KRISHNA MISHRA
Case Type: CIVIL APPEAL /7350/2008
Order/Judgment: Judgment
1. Headnote

Stamp Act, 1899 - ss. 33 and 35 and Article 23 of Schedule 1A (as substituted by M.P. Act No. 19 of 1989) -- Execution of sale deed - Execution whereof statutorily barred - Suit by the vendee for recovery of consideration amount - Reliance on the conveyance deed which was not registered - Document impounded, being not duly stamped - Held: Provision of ss. 33 and 35 are applicable, even if the : unregistered document sought to be admitted in evidence is for collateral purpose - The purpose for which reliance is placed on the document is not relevant for applicability of the provisions - s. 35 rules out applicability of s. 49 of Registration Act - On facts, the document rightly impounded - Registration Act, 1908 - s. 49. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Stamp Act
  • 1899 - ss. 33 and 35 and Article 23 of Schedule 1A (as substituted by M.P. Act No. 19 of 1989)
5. Equivalent citation
    Citation(s) 2009 AIR 1489 = 2009 (2) SCC 532 = 2009 (2) Suppl. SCC 532 = 2009 (1) JT 656 = 2009 (1) Suppl. JT 656 = 2009 (1) SCALE 80