Karnataka Stamp Act, 1957: s. 33(2) Proviso (b) - Scope of - In petition u/s. 11 of
Arbitration and Conciliation Act,1996, the Judge of High Court
referred the matter to the Registrar - To examine the nature and
character of the instrument and then to determine whether the
instrument was duly stamped - Propriety of - Held: Proviso (b) to
Sub-section (2) of s. 33 empowers the Judge of High Court only to
examine the instrument for the purpose of determining as to whether
the instrument is duly stamped or not and for impounding the
same - The provision does not contemplate any adjudication as
regards the nature and character of the instrument - Such
determination is part of judicial function, and the same cannot be
delegated.
Words and Phrases:
'Duly stamped' - Meaning of, in the context of s. 2(l)(e) of
Karnataka Stamp Act, 1957.